COPYRIGHT - MARCH 1992
Sanctions
Article 32.(1) The-offenses referred to in the
preceding Articles shall be punishable by imprison
ment together with a fine of up to 100,000 Kz,
(2) Simple negligence shall be punishable by a
fine of up to 100,000 Kz.
Infringement of moral rights
Article 33. Shall be liable to the penalties laid
down in the preceding Article:
.
(a) anyone who fraudulently claims authorship
of a literary, artistic or scientific work;
(b) anyone who fraudulently prejudices the au
thenticity or integrity of a work by an act
which denatures the work and which is lia
ble to tarnish the honor or reputation of the
author or of-the artist.
Use ofa usurped or infringing work
Article 34. Anyone who sells, puts up for sale,
exports or distributes to the public by any means a
usurped or infringing work shall be liable to the
sanctions laid down in Article 32.
Criminal procedure
Article 35. (1) The offenses laid down in this
Law shall be subject to criminal prosecution irre
spective of any complaint filed by the injured party,
except where the infringement consists exclusively
in a violation of moral rights.
(2) In the case of works in the public domain,
the complaint must be filed by the State Secretariat
for Culture.
Civil liability
Article 36. Any civil liability proceedings con
LAWS AND TREATIES
(2) The court may also order seizure of revenue
from any act constituting an infringement of the
provisions of this Law, together with the equipment
serving to carry out the act concerned.
Proofofinfringement
Article 38. The courts shall admit reports drawn
up in accordance with the Code of Criminal Proce
dure by police officials or officials of the State
Secretariat for Culture or by sworn agents of the
body referred to in Article 39.
CHAPTER VIII
Final Provisions
Administration ofrights
Article 39. (1) The administration of the rights
referred to in Article 17 and the defense of the
moral rights referred to in Article 18 may be en
trusted to a body of authors which, as the represen
tative of those authors and in their name, shall be
competent to grant the necessary authorizations for
the use and exploitation of the works, to collect the
corresponding royalties and to distribute them be
tween the right owners, to supervise application of
the Law,to ascertain infringements of the Law and
to request the courts to take appropriate measures.
(2) Special legislation shall lay down the struc
ture, composition and operation of such body
which may conclude representation contracts with
corresponding foreign bodies through which the
rights of their members will be exercised on the ter
ritory of the People's Republic of Angola and those
of Angolan authors, in the country concerned.
Implementing rules
cerning the violation of the rights laid down in this
Law shall be independent of the criminal proceed
ings of which they are the origin; however, they
may be conducted parallel to the criminal proceed
ings.
Article 40. The Council of Ministers will pro
mulgate implementing rules to this Law within a
period of 180 days. Up to publication of those
rules, the State Secretariat for Culture shall be com
petent to take the decisions necessary for its proper
execution.
Repression ofillegal activities
Decisions in cases ofdoubt
Article 37. (1) At the request of the author
whose rights have been infringed or are likely to be
infringed, the court will order the seizure of the
copies that constitute the unlawful reproduction of
the work together with suspension of the manufac
ture or use of the work, in any form whatsoever,
where such is not authorized.
Article 41. Where there is a doubt as to the
interpretation and application of this Law, it shall
be for the Council of Ministers to take a decision.
AO
Repeal oflegislation
Article 42. All legislative provisions contrary to
this Law shall be repealed.
ANGOLA - Text 1-01, page 7