NATIONAL LEGISLATION
unless criminal proceedings are in progress; they may
be withdrawn at any time by the president of the
court in a summary proceeding or by the civil court
hearing the main issue, in accordance with the condi
tions provided for in the second paragraph of this
Article, where appropriate.
Article 53. Evidence of violations of the provi
sions on the protection of copyright may be obtained
either from the reports of police officers or from the
statements of sworn agents of the BGDA.
Article 54. In the case of violation of the provi
sions of Article 24, the acquirer and the ministerial
officials may be jointly condemned to pay damages
to the beneficiaries of the droit de suite.
CHAPTER XI
Field of Application of Title I
Article 55. The p.rovisions of this Title shall
apply to current contracts whose execution shall con
tinue until the expiry date agreed upon at the time of
their conclusion.
Article 56. This Title shall apply:
(a) to the works of nationals of Guinea;
(b) to :the works of fmeign nationals the first pub
lication of which took place in Guinea;
(c) 'io works of ·architecture erected on the terri
tory of the Revolutionary People's Republic
of Guinea and any work of art incorporated in
a building located on that territory.
Works that do not fall into any of the categories
referred to above shall enjoy protection under this
Law only if the country of which the original owner
of the copyright is a national or resident affords
equivalent protection to the works of nationals of
Guinea. No derogatory action may, however, be un
dertaken with respect to the integrity or authorship of
such works. Royalties shall be paid to the BGDA.
The countries for which the reciprocity condition
provided for in the second paragraph above is
deemed fulfilled shall be decided jointly by the Min
istry of Higher Education and Scientific Research
and by the Ministry of Foreign Affairs.
CHAPTER XII
Production Bonus
Article 57. The Revolutionary People's Republic
of Guinea,
(1) moved by the desire to encourage creative
activity and promote the protection of intellectual
property,
(2) resolved to render effective the administration
of management bodies that have been and may yet
be created in the field of literary and artistic property
and
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207
(3) determined to derive the maximum benefit
from the wide experience of WIPO in the promotion
of intellectual works under the protection of intellec
tual property,
without prejudice to the rights of the author as
specified in Article 3 of this Law, hereby introduces
the following:
(i) a literary production bonus to encourage cre
ative activity on the part of the authors referred
to in Articles 4 and 8 above;
(ii) a ibonus for the correction of this literary and
artistic production;
(iii) a literary competition with a range of prizes.
Article 58. The procedure for the application of
the provisions of Chapter XII will be laid down by
decree of the President of the Republic.
Article 59. Authms whose works were pub
lished prior to this Law shall be fully eligible for the
literary production bonus provided for in Article
57(i).
TITLE II
Neighboring Rights
CHAPTER I
Definitions
Article 60. For the purposes of this Title:
(i) "performers" means actors, singers, musicians,
dancers and other persons who act, sing, deli
ver, declaim, play in or otherwise perform in
tellectual works as referred to in Article 1, and
expressions of folklore;
(ii) "duplicate of a phonogram" means any article
which contains sounds taken directly or indi
rectly from a phonogram and which embodies
all or a substantial part of the sounds fixed in
that phonogram;
(iii) "distribution to the public" means any act by
which duplicates of a phonogram are offered,
directly or indirectly, to the general public or
any section thereof.
(iv) "fixation" means the embodiment of sounds,
images or both in a material form sufficiently
permanent or stable to permit them to be per
ceived, reproduced or otherwise communicated
during a period of more than transitory dura
tion;
(v) "phonogram" means any exclusively aural
fixation of sounds of a performance or of other
sounds;
(vi) "producer of phonograms" means the person
who, or the legal entity which, first fixes the
sounds of a performance or other sounds;
(vii) "publication of a phonogram" means the
offering of copies of a phonogram to the public
in reasonable quantity;