have been the subject of a seizure, the presiding judge
of the Tribunal de Grande Instance may order payment to the author, as an allowance for maintenance,
of a certain sum or of a specified proportion of the
amounts seized.
Article 77. Unlawful reproduction on Congolese
territory of works published in the Congo or abroad
shall be punishable by a fine of between 100,000 and
250,000 CFA francs. The exportation and importation of unlawful copies shall be subject to the same
penalty.
Article 78. The natural or legal person who fails
to obtain prior authorization from the professional
body of authors shall be deemed responsible for the
unlawful reproduction or communication to the
public and shall be liable to a fine of twice the due
fees.
Article 79. Any reproduction, performance or
dissemination by any means whatsoever of an intellectual work that infringes the rights of the author, as
defined and governed by the law, shall also be
deemed an infringing offense.
Article 80. The penalty shall be of between three
months and two years imprisonment and between
250,000 and 500,000 CFA francs if it is proved that
the guilty party has undertaken the acts referred to in
the preceding article in an habitual manner. In the
event of a further offense following a sentence given
under the preceding sentence, the temporary or permanent closure of the establishments operated by the
habitual infringer or his accomplices may be ordered.
Article 8f. The guilty parties shall be further
sentenced to confiscation of amounts equal to that
portion of the receipts deriving from the reproduction, performance or unlawful dissemination, and to
the confiscation of any equipment specifically installed for the unlawful reproduction and of all infringing copies or objects.
Article 82. The equipment or the infringing
copies, as well as the receipts or the portion of the
receipts subject to confiscation, shall be handed over
to the author or his successors in title in order to
indemnify them proportionately for the damages they
have suffered. The remaining indemnity shall be
settled by the ordinary channels where there has been
no confiscation of equipment, infringing objects or
receipts.
Article 83. In addition to the reports of the judicial police officials or policemen, the proof of the
existence of a performance, or dissemination of any
kind, or of any offense against Article ()(), Illay be
furnished by the statement of an agent dcsignated by
the professional body of authors referred to in Article 6R.
CHAPTER 12
Public Domain
Article 84. On the expiry of the terms of protection laid down by this Law, the authors' works shall
fall into the public domain. The right of exploitation
of works in the public domain shall be administered
by the professional body of authors referred to in
Article 68.
Article 85. The public performance and reproduction of such works shall require authorization
from that body. The authorization shall be granted,
in the case of a profit-making event, against payment
of a royalty calculated on the gross revenue from
exploitation. The rate of such royalty shall be equal
to one-half that normally applied for works in the
same category in the private domain. The provisions
of Article 54 shall apply. The product of such royalties shall be devoted to cultural and social ends for
the benefit of Congolese authors.
TITLE IV
Neighboring Rights
CHAPTER 1
Authorization of Performers
Article 86. Without the authorization of the performers, no person shall do any of the following acts:
the broadcasting of their performance, except
where the broadcast is made from a fixation
under Article 99 or is a rebroadcast authorized by
the organization initially broadcasting the performance;
the communication to the public of their performance, except where the communication IS
made from a fixation of the performance;
the fixation of their unfixed performance;
the reproduction of a fixation of their performance, in any of the following cases:
(i) where the performance was initially fixed
without their authorization;
(ii) where the reproduction is made for purposes
different from those for which the performers have their authorization;
(iii) where the performance was initially fixed in
accordance with Articles 97 to 99, but the
reproduction alone is made for purposes different from those referred to in the said
Articles.
A rticlc 87. In the absence of any contractual
agreement to the contrary or of circumstances of