NATIONAL LEGISLATIO N
without prejudice to the rights of the author of the
original work as defined in Article 3 above.
The same shall apply to the authors of anthologies
or collections of works which, by reason of the choice
and arrangement of their contents, constitute intellec
tual creations.
Article 9. Folklore shall belong in the first in
stance to the national heritage.
For the purposes of this Law:
(1) "Folklore" means all literary and artistic
creations made by authors presumed to be of Guinean
nationality, passed from generation to generation
and constituting one of the basic elements of the
traditional Guinean cultural heritage.
(2) "Work derived from folklore" means any
work composed exclusively of elements borrowed
from the traditional Guinean cultural heritage.
The public performance or direct or indirect
fixation of folklore with a view to its exploitation for
profit-makin g purposes shall require the prior autho
rization of the BGDA (Guinean Copyright Office),
obtainable against payment of a fee, the amount of
which shall be determined under the conditions cus
tomary in each of the categories of creation con
cerned.
The fees payable in connection with the compi
lation of a work of folklore shall be distributed as
follows:
(i) compilation without arrangement or personal
contribution:
50 Oj 0 to the person who made the compilation;
50 Oj 0 to the BGDA;
(ii) compilation with arrangement or adaptation:
75 Ofo to the author;
25 °I 0 to the BDGA.
The proceeds from the above fees shall be man
aged by the BGDA and used for cultural and social
purposes for the benefits of authors.
CHAPTER II
201
course of a religious service, m premises
reserved for that purpose;
(ii) reproductions, translations and adaptations
intended for strictly personal and private use;
(iii) parodies, pastiches and caricatures, with due
regard for the laws governing that type of
work.
Article 11. It shall be lawful, provided that the
title of the work and the name of its author are
mentioned, to make analyses of and short quotations
from a work that has already been lawfully made
available to the public, provided that this is compat
ible with fair practice and justified by the scientific,
critical, polemic, educational or informatory purpose,
including quotations from newspaper articles and
periodicals in the form of press summaries.
Such quotations and analyses may be used in
their original form or in translation.
Article 12. Subject to the mention of the name
of the author and of the source, the following may
be reproduced in the press or broadcast for informa
tion purposes, unless the right of reproduction has
been expressly reserved:
articles on current political, social! and economic
topics, published in their original form or in
trans1ation;
speeches intended for the public and delivered at
political, judici•al, administrative and religious
assemblies, and at public meetings of political
chamoter and officiarl ceremonies.
Article 13. It shall be lawful, to the extent jus
tified by the informatory purpose, to record, repro
duce and communicate to the public literary, scien
tific or artistic works that may be seen or heard in the
reporting of current events by means of photography ,
cinematography, or sound or visual broadcasting.
Article 14. It shall be lawful to reproduce in a
film or in a television broadcast and to communicat e
to the public works of figurative art permanently
located in a public place, or whose inclusion in the
film or broadcast is only by way of background or
is incidental to the essential matters represented.
Limitations on Copyright
Permanent Limitations
Exceptional Limitations
Article 10. Where the work has been lawfully
made available to the public, the author may not
prohibit:
(i) communications such as performance or
broadcasting,
(a) if they are private, take place exclusively
within a family circle and do not give rise
to receipts of any kind;
(b) if they take place free of charge for strictly
educational or scholastic purposes or in the
Article 15. Subject to, and under the conditions
specified in, the Appendix to the Paris Act (1971)
of the Berne Convention for the Protection of Liter
ary and Artistic Works, licenses may be granted by
the Minister for Higher Education and Scientific
Research to any natural person or legal entity re
siding on the territory of the Revolutiona ry People's
Republic of Guinea for:
(i) the translation of foreign works already law
fully made available to the public and their
publication in printed or analogous forms of