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a fortnight of the seizure, the confiscation of the works infringing copyright shall be
invalid. In addition, the police commissioners are obliged, at the request of any
designer of a software program protected by this Law or his successors in title, to
effect a seizure-description of the pirated software program. This seizure-description
may be carried out using a copy.
CHAPTER III
Garnishment
Article 137 – Where the proceeds from exploitation due to the author of an
intellectual work or the holder of a related right have been garnished, the president of
the civil court may order the payment, as maintenance, to the author or holder of the
related right respectively, of a certain sum or of a specified portion of the sums
seized.
Article 138 – Insofar as they are intended for maintenance, it shall not be possible to
seize the sums due, for the financial exploitation or the assignment of copyright in
literary or artistic works, to all authors, composers or artists or to their surviving
spouse who has not been declared legally divorced, or to their under-age children in
their capacity as successors in title.
Article 139 – The unseizable proportion of these sums cannot under any
circumstances be lower than four-fifths where they are at most equal annually to the
highest amounts provided for in application of Chapter V, Title IV, Book I of the
Labour Code.
Article 140 – The provisions of this chapter shall not obstruct garnishments effected
by virtue of the provisions of the Civil Code concerning maintenance claims.
CHAPTER IV
Royalty resale right
Article 141 – In the event of a violation of the provisions of Article 140, the purchaser
and ministry officials may be ordered, jointly and severally, to pay damages to the
beneficiaries of the royalty resale right.
CHAPTER V
Penal provisions
Article 142 – Once the infringements referred to in Article 145 of this Law have been
ascertained, competent officers of the judicial police may seize unlawfully produced
phonograms and videograms, copies and objects unlawfully produced or imported,
and materials specially installed with a view to such misconduct.
Article 143 – Any publication of writings, of a musical composition, a drawing, a
painting or any other production, printed or engraved, in whole or in part, and any
other production covered by related rights such as videograms and phonograms, in
defiance of the laws and regulations on the ownership of authors and the holders of
related rights, is an infringement of copyright and every infringement of copyright is
an offence. The infringement, on Madagascan territory, of the copyright on works and