located in a place where they can be viewed by
the public or are included in the film or in the
broadcast only by way of background or incidental to the main subject.
5. The reproduction, by photographic or similar
process, by public libraries, non-commercial
documentation centers, scientific institutions and
educational establishments, of literary, artistic or
scientific works which have already been lawfully
made available to the public, provided that such
reproduction and the number of copies made are
limited to the needs of their activities, do not
conflict with the normal exploitation of the work
and clo not unreasonably prejudice the legitimate
interests of the author.
6. The reproduction in the press or the communication to the public of:
(a) any political speech or speech delivered during
legal proceedings,
(b) any lecture, address, sermon or other work of
the same nature delivered in public, provided
that the use is exclusively for the purposes of
current information,
whereby the author shall retain the right to publish a collection of such works.
CHAPTER 4
Ephemeral Recordings
Article 34. Notwithstanding Article 28, the radio
and television organization may make, for the purpose of its own broadcasts and by means of its own
technical and artistic facilities, with a view to deferred broadcast on account of timing or technical necessities, an ephemeral recording, in one or more copies,
of any work it is authorized to broadcast. All copies
of it shall be destroyed within six months of their
recording or within any longer term agreed to by the
author. However, where such recording has an exceptional documentary character, one copy of it may be
preserved in official archives. This shall be without
prejudice to the application of Article 31.
CHAPTER 5
Limitation of the Rights of Translation
and of Reproduction
Article 35. Notwithstanding Article 28, it shall
be lawful, even without the author's authorization, to
translate a work into French and to publish the
translation on the territory of the People's Republic
of the Congo under a license granted by the competent authority.
Article 36. Notwithstanding Article 28, it shall
be lawful, even without the author's authorization, to
reproduce a work and publish a given edition thereof
on the territory of the People's Republic of the
Congo under a license granted by the competent
authority.
CHAPTER 6
Ownership of Copyright
Article 37. The rights protected by this Law shall
belong originally to the author or authors who
created the work.
In the absence of proof to the contrary, the
author of a work shall be the person under whose
name the work is disclosed.
The author shall have the right to respect for his
name, his authorship and his work.
Article 38. The author of an intellectual work
shall, by the mere fact of its creation, enjoy an exclusive incorporeal property right in the work which
shall be exclusive and enforceable against all persons.
This right shall include attributes of an intellectual and moral nature together with attributes of an
economic nature as specified in this Law.
Article 39. The authors of a work of joint
authorship shall be co-owners of the rights. They
shall exercise those rights by common accord. In the
event of disagreement, the competent courts shall
decide. Where the contribution of each of the coauthors is of a different kind, each shall be entitled,
in the absence of an agreement to the contrary, to
exploit separately his personal contribution, without,
however, prejudicing the exploitation of the common
work.
Article 40. Authors of pseudonymous and anonymous works shall enjoy in such works the rights
afforded by this Law. They shall be represented in
the exercise of those rights by the original publisher
or editor, until such time as they declare their identity
and prove their authorship. The declaration referred
to in the preceding sentence may be by will. However, any rights previously acquired by third parties
shall be maintained. The preceding provisions shall
not apply where the pseudonym adopted by the
author leaves no doubt as to his identity.
Article 41. A composite work shall be the property of' the author who has made it, without prejudice
to the rights of the author of the pre-existing work.
Article 42. In the absence of proof to the contrary, a collective work shall be the property of' the
natural or legal person in whose name it has been
disclosed. The author's rights shall vest in that
person.