(ii) on the basis of international treaties or other agreements
PART FOUR: COLLECTIVE MANAGEMENT OF RIGHTS
Article 61: Collective Management of Economic Rights: General
(1) The authors of works and beneficiaries of related rights in accordance with Articles 21(2)
and 46(2) may authorize the Copyright Office of Niger to manage their economic rights.
(2) The rules relating to the establishment and running of the Copyright Office of Niger shall
be the subject of an implementing decree decided on in the Council of Ministers.
PART FIVE: MEASURES, REMEDIES AND SANCTIONS AGAINST PIRACY AND OTHER
VIOLATIONS
Article 62
Any malicious or fraudulent infringement of the protection of copyright, related rights and
expressions of folklore shall be sanctioned in accordance with Articles 372, 373, 374, 375,
376 and 377 of the Penal Code.
Article 63
At the request of an author or performer or of the Copyright Office of Niger or their
beneficiaries, the courts shall by injunction have the authority to order:
- the seizure of copies constituting unlawful reproductions of their works;
- the suspension of any ongoing manufacturing process, the purpose of which is the
unlawful production of such works;
- the seizure, including outside authorized hours, of receipts linked to any unlawful
reproductions, representations or broadcasts of these works.
Article 64
In a civil action brought by any natural or legal person whose rights under this Decree are
threatened with violation or have been violated, the following remedies shall be available:
- an injunction, upon such terms as the court may deem reasonable, to restrain
violations;
- payment to the complaining party of any damages suffered by him as a result of a
violation, including any profits enjoyed by the violator that are attributable to the
violation. If the violation is found to have been malicious, the court may, at its
discretion, award exemplary damages.
Article 65
Without prejudice to the remedies available under the preceding article, any person who
violates, or causes to be violated, the rights protected under this Decree shall be liable to
imprisonment of one (1) year to five (5) years and a fine of twenty thousand (20,000) to two
hundred thousand (200,000) francs or to only one of these two sanctions.
PART SIX: FINAL PROVISIONS
Article 66: Implementing Regulations
19