e24702_SN004
Translated from French
26
Article 100. Legal license for certain uses of phonograms and videograms. – 1.
Where a phonogram or videogram has been published for commercial purposes, the
performer and the producer may not oppose the communication thereof to the public,
except where it is made available on demand in such a way that members of the public
may access the phonogram or videogram from a place and at a time individually chosen
by them; nor may they oppose the reproduction thereof, where it is reserved strictly for
that purpose.
2. In return for the legal license provided for in the previous paragraph, the user shall pay
equitable remuneration, which shall be collected by one or more collective management
societies and divided equally between performers and producers.
3. A commission called the Equitable Remuneration Commission is hereby established
with responsibility for determining the amount of such remuneration. The membership
of the Commission shall be laid down in regulations.
Title V. – Provisions specific to broadcasting organizations
Article 101. Economic rights. – Broadcasting organizations shall have the exclusive
right to authorize:
1. the communication of their programs to the public by any means, in particular those
referred to in Article 34;
2. the reproduction of their programs;
3. the distribution, through sale or other means, of fixations of their programs. This right
shall be exhausted after the first sale or any other transfer of ownership of such fixations
by them or with their consent within the UEMOA region;
4. the rental, within the meaning of Article 37, of fixations of their programs.
Title VI. – Provisions specific to publishers
Article 102. Economic rights. – 1. The neighboring right of publishers shall relate to
the composition and layout of the published work.
2. That right shall include the exclusive right to authorize:
(a) the communication of the publication to the public by any means, in particular those
referred to in Article 34;
(b) the reproduction of the publication;
(c) the distribution, through sale or other means, of copies of the publication. That right
shall be exhausted after the first sale or any other transfer of ownership of such copies by
the publisher or with his consent within the UEMOA region.
Part three – Provisions common to copyright and neighboring rights
Title I. – Remuneration for private copying
Article 103. Works, performances, phonograms and videograms for which
remuneration is owed. – Remuneration shall be owed for the private copying, carried
out under the conditions referred to in Article 40.1, of works and performances fixed on
phonograms and videograms.