208
COPYRIGHT -
JUNE 1981
(viii) "broadcasting" means the transmission by
wireless means for public reception of sounds
or of images and sounds;
(ix) "rebroadcasting" means the broadcasting by
one broadcasting organization of the broadcast
of another broadcasting organization;
(x) "·reproduction" means the making of a copy or
copies of a fixation or a substantial part of that
fixation.
CHAPTER II
Protection of Performers
Article 61. Without the authorization of the per
formers, no person shall do any of the following
acts:
(a) the broadcasting of their performance, except
where tlie broadcast:
(i) is made from a fixation of the perfor
mance, other than a fixation made under
the terms of Article 76, or
(ii) is a rebroadcast authorized by the orga
nization initially broadcasting the per
formance;
(b) the communication to the public of their per
formance, •except where the communication:
(i) is made from a fixation of the perfor
mance; or
(ii) is made from a broadcast of the perfor
mance;
(c) the fixation of their unfixed performance;
(d) the <reproduction of a fixation of their per
formance, in any of the following cases:
(i) where the performance was initially
fixed without their authorization;
(ii) where the !'eproduction is made for pur
poses different from those for which the
performers gave their authorization;
(iii) where the performance was initially
fixed in accordance with the provisions
of Articles 74 and 76 below, but the
reproduction is made for purposes dif
ferent from any of those referred to in
those Articles.
Article 62. In the absence of any contractual
agreement to the contrary or of circumstances of
employment from which the contrary would nor
mally be inferred:
(i) the authorization to broadcast does not imply
an authorization to license other broadcasting
organizations to broadcast the performance;
(ii) the authorization to broadcast does not imply
an authorization to fix the performance;
(iii) the authorization to broadcast and fix the per
formance does not imply an authorization
to repmduce the fixation;
(iv) the authorization to fix the performance and to
mproduce the fixation ,does not imply an autho
rization to broadcast the performance from the
fixation or any reproduction of stich fixation.
Article 63. Once the performers have authorized
the incorporation of their performance in a visuai ·or
audiovisual fixation, the provisions of Articles 61 and
62 (iii) and (iv) shall have no further application.
Article 64. Nothing in this Chapter shall be con
strued to deprive performers of the right to agree by
contracts on terms and conditions more favorable for
them in Tespect of any use of their performances.
Article 65. Granting of <authorizatiton by perform
ers.
(1) A binding authorization under Article 61 may
be given by the performer or by the Guinean Copy
right Office.
(2) Any authorization given by a performer
claiming that he has retained the relevant rights or
by the Guinean Copyright Office (BGDA) shall be
cons~dered v-alid unless the recipient knew m had
good reason to believe that the delegation of powers
was not a valid one.
Article 66. (1) The performer (in the case of a
group of performers, the leader and the main parti
cipants) shall be entitled to have his name mentioned
as follows:
(i) in the case of a public performance and in the
case of a transmission of the performance to
the public by any means, the main performers
shall be identified in an appropriate manner;
(ii) all copies of a published phonogram of a per
formance and their containers shall bear the
names of the main performers; if such mention
cannot be affixed to the copies of the phono
gram, the main performers need only be men
tioned on the containers;
(iii) where applicable, the mention referred to in
subparagraph (ii) above shall also include the
name of the person who authorized the fixa
tion on behalf of the performers concerned.
(2) The performer shall be entitled to protection .
against any distortion of his performance.
Article 67. The protection under this Title shall
subsist for 40 years computed from the end of the
year in which the performance took place. Applica
tion of the provisions of Article 66 above shall re
main reserved without limitation ill time.
CHAPTER III
Protection of Producers of Phonograms
Article 68. Without the authorization of the
ducer of phonograms, no person shall do any of
following acts: