Translation:Ordinance 93-027 of 30 March 1993 on copyright, related rights and expressions of folklore
Given the Constitution;
Given the fundamental act No. I / CN of 30 July 1991 on the statutes of the national conference;
Given the act No. III / CN 9 August 1991. Proclaiming the attributes of sovereignty of the national conference;
Given the act No. XXI / CN of 29 October 1991, on the organization of government during the transition period, in particular Articles 15 and 18;
Considering Ordinance No. 93-003 dated 9 February 1993 on the application of Articles 126 and 127 of the Constitution;
Upon hearing the report of the Minister of Communications, Culture, Youth and Sports
The Council of Ministers heard:
The High Council of the Republic deliberated and adopted;
Prime Minister sign the order set out below
PART ONE: COPYRIGHTEdit
Chapter I: Introductory ProvisionsEdit
Article I: DefinitionsEdit
The following words and their variants as used in this part of the ordinance have the following meanings
I) A "audiovisual work" is a work that consists of a series of related images that give an impression of movement with or without sound, and if it is accompanied by respect, which could be audible.
Ii) The author is the person who created the work. Any reference in this Order to the rights of authors, when the original owner of these rights is a person or entity other than the author, should be understood as referring to the rights of the other original owner of the rights.
Iii) "broadcasting" is the communication of the work (including the presentation or the performance of a work) to the public through wireless transmission, "rebroadcasting" is the issue of a work broadcast. "Broadcasting" includes satellite broadcasting, which is "broadcasting" and then injection of a work towards the satellite, including both the ascending and descending stages of the transmission until the work is communicated to the public (available but not necessarily received by the latter)
Iv) A "collective work" is a work created by several authors at the initiative and under the responsibility of a person or entity who publish under his own name and in which the contributions of those who participated in the creation of 'oeuvre melt into the entire work - because of the large number of contributions or its indirect nature - but it is not possible to identify the various contributions and their authors.
V) "communication" of a work (including its presentation, its representation or execution, or broadcasting) "to the public" is making the work accessible to the public by means other than distributing copies . Any process that is needed to make the work accessible to the public, and which allows, is a "communication" and the work is deemed "communicated" even if nobody in the audience at which his work was intended only receives not see nor hear them.
Vi) The public communication "cable" is the communication of a work to the public by wire or by any other means consists of a physical substance.
Vii) A "computer program" is a set of instructions expressed in words, codes, schemes or any other form that can, once incorporated into a readable by a machine, make do or do get a job or a particular result by a computer - a process similar electronic or capable of information processing
Viii) A "copy" is the result of any act of reproduction.
Ix) "expressions of folklore" are productions of characteristic elements of the traditional artistic heritage developed and maintained by a community or by individuals reflecting the expectations of this community, including folk tales, folk poetry, songs and People instrumental music, dance and popular shows as well as artistic expressions rituals and folk art productions.
X) "Representing or execute" a work means recite, play, dance or interpret it, either directly or by means of any device or process, or in the case of an audiovisual work, showing pictures in an order whatsoever or make audible sounds that accompany it.
Xi) "A photographic work" is the recording of light or other radiation in any medium on which an image is produced or from which a picture can be produced, irrespective of the nature of the technique (chemical, electronic or otherwise), in which the recording is done. A still image taken from an audiovisual work is not regarded as a "photographic works," but as part of an audiovisual work.
Xii) "producer" of an audiovisual work is the natural or legal person who takes the initiative and responsibility to carry out the work .-
Xiii) "public communication" is the transmission by wire or radio waves from the picture, sound, or the image and sound of a work in such a way that they can be seen by persons outside the circle of a family and its closest social acquaintances located in one or more locations quite remote from the place of origin of the transmission for that without such transmission, image or sound can not be levied or in those places, not very important in this regard that these people can receive the image, or sound in the same place and at the same time, or in different places and at different times.
Xiv) The "public performance" is to recite, play, dance, represent or otherwise interpret a work, either directly or by means of any device or process, or in the case of an audiovisual work, 'by showing pictures in series or make audible sounds that accompany it, in one or more places where persons outside the circle of a family and its closest social acquaintances are or may be present, unimportant In this regard they are or might be present in the same place and at the same time, or in different places and at different times, where representation or performance can be seen with little or no communication to the public meaning of the above paragraph.
Xv) The term "issued" means that the copies of the work have been made available to the public with the author's consent, provided that, given the nature of the work, the number of such copies has published been sufficient to meet the normal needs of the public. A work must also be regarded as "published" if it is stored in a computer system and made available to the public by any means of recovery.
Xvi) The "reproduction" is the production of one or more copies of a work or a portion thereof in a material form whatsoever, including sound recording and visual. The manufacture of one or more of a three-dimensional two-dimensional works and the manufacture of one or more copies of a two-dimensional and three-dimensional effect that the inclusion of a work or a portion thereof in a system computer (either in the internal memory unit or a unit in external memory of a computer) are also a "reproduction".
Xvii) The "reproduction" reproduction of a work is the production of copies facsimile of the originals or copies of the work by means other than painting, such as photocopying. The manufacture of copies facsimile which are reduced or expanded is also seen as a "reproductive reproduction."
Xviii) The "public lending" is the transfer of ownership of the original or a copy of the work for a limited period, a non-profit, an institution providing services to the public, such as public library or public archives.
Xix) The "rent" is the transfer of ownership of the original or a copy of the work for a limited period, without. Profit
Xx) A "work" is any literary or artistic work, the meaning of the provisions of Article 4.
Xxi) "A work of applied art" is a two-dimensional art or three-dimensional with a utilitarian function or incorporated in an article utility, be it a craft or work produced by industrial processes. An article "utility" is an article that has an intrinsic utilitarian function not merely to present the appearance of article or to convey information.
Xxii) A "work together" is a work in the creation of which have contributed two or more authors.
2: Scope of application of the ordinanceEdit
1) The provisions of this Ordinance shall apply:
I) to works whose authors where other original owner of copyright is a national of Niger, or his habitual residence or registered office in Niger;
Ii) to audiovisual works whose producer is a national of Niger, or his habitual residence or registered office in Niger;
Iii) to works first published in Niger or published for the first time in a country and also published in Niger in a period of 30 days;
Iv) to works that are entitled to protection under an international treaty to which Niger is a party.
2) In case of conflict between the provisions of this order and an international treaty to which Niger is a party, the provisions of the international treaty will apply.
Chapter II : Object of protectionEdit
Article 3: Scope of protection: generalEdit
1) Any person who enjoys the rights provided for in this ordinance on its literary or artistic work;
2) The protection resulting from the rights provided for in paragraph 1 (hereinafter: "Protection") begins with the creation of the work, even. If it is not fixed in some material.
Article 4: Object of protection: the worksEdit
1) This Ordinance shall apply to literary and artistic works (hereinafter referred to as "works") which are original intellectual creations in literature and the arts, such as:
I) the expressed written works, including computer programs,
Ii) lectures, addresses, sermons and other works made of words and expressed orally
Iii) musical works or not they understand the texts accompanying
Iv) dramatic and dramatic-musical,
V) pantomimes and choreographic works,
Vi) The audiovisual works
Vii) the works of fine art, including drawings, paintings, sculptures, engravings and lithographs,
Viii) works of architecture,
Ix) photographic works
X) works of applied art,
Xi) illustrations, maps, plans, sketches and three-dimensional works relating to geography, topography, architecture or science.
2) The protection is independent of the mode or form of expression, the quality and purpose of the work.
Article 5: Purpose of the protection derivative works and compilationsEdit
1) are also protected kot za
I) translations, adaptations, arrangements and other alterations of works and expressions of folklore;
Ii) collections of works, folklore or simple facts or data, such as encyclopedias and anthologies and databases which, by the selection and arrangement of their contents, are originals.
2) The protection of works referred to in subparagraph 1) shall not be prejudicial to the protection of pre-existing works used in the manufacture of such works.
Art. 6: Objects unprotectedEdit
The protection provided by this order does. Extends not:
I) official texts of legislative, administrative or judicial, or their official translations,
Ii) to news of the day, and
Iii) to the simple facts and data.
Chapter III - The rights protectedEdit
Art. 7: Moral rightsEdit
Regardless of its rights (see Article 8) and even after the transfer of those rights, the author of a work has the right to:
I) to claim authorship of his work, especially the right to bear the inscription, his name on copies of his work and, as far as possible, and in the usual way, in relation to any public use of its work;
Ii) to remain anonymous or to use a pseudonym;
Iii) to object to any distortion, mutilation or other modification of his work or any other breach of the same work that would be prejudicial to his honor or reputation.
The rights mentioned in this article are hereinafter referred to as "moral rights".
Art. 8: Property rightsEdit
Subject to the provisions of sections 9 and 21, the author of a work has the exclusive right to make or authorize:
I) reproduce his work;
Ii) translate his work;
Iii) to prepare adaptations, arrangements and other transformations of his work;
Iv) distribute copies of his work to the public by sale or other transfer of ownership or rental or public lending
V) import copies of his work, even if the imported copies were made with his permission or that of any other holder of copyright
Vi) represent or carry out its work in public
Vii) communicate his work (including represent or perform, or broadcast) to the public by broadcasting and / or replay and
Viii) submit his work (including represent or perform, or-broadcast) to the public by cable or by any other means.
The rights mentioned in this article are referred to hereinafter as the ". Rights."
Chapter IV - Limiting rightsEdit
(A) FREE USE
Art. 9: Free reproduction for private purposesEdit
1) Notwithstanding the provisions of Article 8, and subject to those of paragraph 2 and Article 21, it is permitted without the author's permission and without payment of a fee, reproducing a work lawfully issued solely for the private use of the user
2) Paragraph 1 shall not apply to:
I) to the reproduction of works of architecture in the form of buildings or other similar buildings;
Ii) the reproduction of works of fine art limited edition, the graphic presentation of musical works (partitions) and exercise books and other publications which are used only once;
Iii) to reproduce all or parts of large databases
Iv) the reproduction of computer programmes except in the cases provided for in Article 16, and
V) any other reproduction of a work that would conflict with a normal exploitation of the work or cause undue hardship to the legitimate interests of the author.
Art. 10: Reproductive Freedom in the form of citationEdit
Notwithstanding the provisions of Article 8, it is permissible, the author's permission and without payment of a fee, to cite a work lawfully published in another work, provided to indicate the source and author name, and if the name appears in the source, on condition that such a citation is compatible with fair practice and that its magnitude does not exceed that justified by the goal to be attained.
Art. 11: Free use for educationEdit
Notwithstanding the provisions of Article 8, it is allowed, without permission from the author or any other owner of the copyright and without payment of a fee, but subject to the requirement to identify the source and the author's name if the name appears in the source:
I) to use a work lawfully published as an illustration in publications, missions broadcasting or sound or visual recordings for teaching and
Ii) to reproduce by means reprographies for teaching or exams in educational institutions whose activities are not intended directly or indirectly commercial gain, and to the extent justified by the purpose, individual items lawfully published in a newspaper or periodical, short snippets of a work lawfully issued or a shorter work lawfully issued, provided that the use is compatible with fair practice.
Art. 12: Reproduction reproduction by libraries and archivesEdit
Notwithstanding the provisions of Article 8 without the permission of the author, or any other owner of the copyright, a library or archive, whose activities are not intended directly or indirectly, a commercial profit can be carried out by reprographic reproduction of single copies of a work:
I) where the work is reproduced an article or a short or a short excerpt of a writing other than a computer program with or without illustration, published in a collection of works or in an issue of a newspaper or periodical, and when the purpose of reproduction is to meet the demand of an individual, provided that:
A) The library or archive service is provided that the copy is used solely for the purposes of study, research or private university,
B) the act of reproduction is an isolated case presenting itself, if it is repeated in separate occasions and without any connection between them, and
C) that can be obtained no license collective instrument for achieving such copies (ie no license offered by a collective management organization in a way that the library or archive service is or ought to be aware the existence of this possibility), or
Ii) where the implementation of such a copy is intended to preserve and if necessary (if it is lost, destroyed or rendered useless), to replace it, or, in a permanent collection of another library or another archive service, to replace one lost, destroyed or rendered unusable, provided that:
A) it is impossible to obtain a copy under reasonable conditions, and that:
B) the act of reproduction is reprographic an isolated case presenting itself, if it is repeated in separate occasions and without any connection between them.
Art. 13: Free reproduction for legal and administrativeEdit
Notwithstanding the provisions of Article 8, it is permitted without the author's permission and without payment of a fee, to reproduce a work for a judicial or administrative process to the extent justified by the goal .
Art. 14: Free use of informationEdit
Notwithstanding the provisions of Article 8, it is permitted without the author's permission and without payment of a fee, but subject to the requirement to identify the source and the author's name, if His name appears in the source:
I) to reproduce and distribute by the press, broadcast or cable to communicate to the public, an article economic, political or religious published in newspapers or periodicals or broadcast a work of the same character, in cases where the right of reproduction, broadcasting or such communication to the public is not expressly reserved
Ii) to reproduce or make available to the public, to, the purposes of reporting current events by means of photography, cinematography, or by means of broadcasting or cable communication to the public, or a work order heard in the course of such an event to the extent justified by the informatory purpose;
Iii) reproduced by the press, broadcast or communicate to the public political speeches, lectures, speeches, sermons dice and other works of the same type issued in public, as well as speeches delivered during the trial, for information news, to the extent justified by the goal to be achieved, the authors retain their rights to publish collections of these works.
Art. 15: Free use of images of works located permanently in public placesEdit
Notwithstanding the provisions of Article 8, it is permitted without the author's permission and without payment of a fee, reproduce, broadcast or cable to communicate to the public the image of a work of architecture , a work of fine art, a photographic work and a work of applied art which is located permanently in a place open to the public, unless the image of the work is the main subject of a Such reproduction, or 1 radio communications and if it is used for commercial purposes.
Art. 16: Free reproduction and adaptation of computer programsEdit
1) Notwithstanding the provisions of Article 8, the rightful owner of a copy of a computer program may, without the author's permission and without payment of a fee separately, make a copy or the adaptation of this program provided that a copy or adaptation is
I) required to use the computer program for the purpose for which the programme was secured, and
Ii) for archiving and to replace the copy lawfully detained in the case where it would be lost, destroyed or rendered unusable.
2) No record or no accommodations can be made for purposes other than those provided for in paragraph 1, and any copy or adaptation will be destroyed in the event that continued possession of the copy of the computer program to cease to be lawful.
Art. 17: Free registration ephemeral by broadcastersEdit
Notwithstanding the provisions of Article 8, a broadcaster may, without the author's permission and without payment of a fee separate achieve a record ephemeral under its own power and for its own broadcasts of a work that he has the right to broadcast. The broadcaster must destroy such registration within six months of its implementation, unless an agreement for a longer period of time had been spent with the author of the work and saved. However, without such an agreement, a single copy of this recording can be kept for the sole purpose of record keeping.
Art. 18: Free resale and public lendingEdit
Notwithstanding the provisions of Article 8, it is allowed, without the permission of the author and except as provided in section 9 without payment of a fee
I) sell, or transfer any other way, the ownership of a copy of a work after the first sale or other transfer of ownership of the copy;
Ii) to a library or an archive whose activities are not intended directly or indirectly commercial gain, ready to give the public a copy of a work written other than a computer program.
Art. 19: Free public performanceEdit
Notwithstanding the provisions of Article 8. It is permitted without the author's permission and without payment of a fee to represent or perform a work in public:
I) during religious ceremonies or to the extent justified by the nature of these ceremonies and
Ii) as part of activities to a different institution staff and students, such an institution, if the public is made up exclusively of staff and students of the institution or parents and children or supervisors others directly related to activities of the institution.
Art. 20: Importing for personal purposesEdit
Notwithstanding the provisions of Article 8. V), the importation of a copy of a work by an individual for personal purposes is permitted without the permission of the author or any other holder of the copyright in the work.
Art. 21: Fair remuneration for reproduction for private purposesEdit
1) Notwithstanding the provisions of Article 8, it is permitted without the author's permission, but against a fair wage, reproduce, exclusively for the private use of the user, an audiovisual work lawfully published or sound recording of a work.
2) The fair remuneration for reproduction intended for private purposes in the cases provided for in paragraph 1 shall be paid by producers and importers of devices and support materials used for reproduction and it is levied and distributed by the office Nigerien copyright. In the absence of agreement between the representatives of producers and importers on the one hand and the Nigerien office of copyright on the other hand, the amount of the remuneration and conditions of payment are set by the courts rights.
3) The distribution of equitable remuneration to be paid to authors according to the article, and. Performers and producers of records under Article 46, should be between these three groups of beneficiaries in accordance with existing regulations.
4) The equipment and support materials referred to in paragraph 2) shall be exempt from payment of fair compensation
I) if exported, or
Ii) if they can not normally be used for the reproduction of works intended for private purposes (such as professional equipment and the physical media or dictaphones and cassettes used for the latter).
Chapter V : Length of protectionEdit
Art. 22: Duration of protection; generalitiesEdit
1) Except as provided in this chapter, the rights over works are protected for the life of the author and fifty (50) years after his death.
2) Moral rights are unlimited in time. After the expiry of the protection of economic rights, the Nigerien office of copyright is entitled to enforce moral rights for authors.
Art. 23: Duration of protection for works of collaborationEdit
The rights in a work of collaboration are protected for the life of the last surviving author and fifty (50) years after his death.
Art. 24: Duration of protection for works anonymous and pseudonymousEdit
The rights in a work published anonymously or under a pseudonym are protected until the expiration of a period of fifty (50) years from the date on which such work has been lawfully published for the first time unless, before the expiration of such period, the author's identity is revealed or leaves no doubt, in which case the provisions of Article 22 or Article 23 shall apply.
Art. 25: Duration of protection for works for the collective and audiovisual worksEdit
The rights, relating to a collective work or audiovisual works are protected until the expiration of a period of fifty (50) years after that such work has been lawfully made available to the public or in default of such an event within fifty (50) years from the completion of this work, fifty (50) years after this achievement.
Art. 26: Duration of protection for works of applied artEdit
The rights in a work of applied art are protected until the expiration of a period of twenty-five (25) years from the completion of such work.
Art. 27: Computation of TimeEdit
In this chapter, any period expires at the end of the calendar year during which he normally happen in the long term.
Chapter VI: - Holders of rightsEdit
Art. 28: GeneralEdit
The author of a work is the first holder of the economic and moral rights to his work.
Art. 29: Holds the rights to the works of collaborative worksEdit
The sponsors of a collaborative venture is the first co-owners of the economic and moral rights over the work. However, if a work of collaboration can be divided into separate parts (ie, if the parties to this work can be reproduced, or represented executed or otherwise used in a manner separate), the co-authors can benefit from the independent rights of these parties, while the co-holders of the rights of the collaborative work as a whole.
Art. 30: Holder rights to the collective worksEdit
The first holder of the economic and moral rights on a collective work is the natural or legal person on the initiative and under the responsibility of when the work was created and who publishes it under his name.
Art. 31: Holds the rights to works created as part of an employment contractEdit
In the case of a work created by an author on behalf of a person or entity (hereinafter referred to as "employer") as part of an employment contract and his employment, unless the contract, the first holder of the economic and moral rights is the author but the rights over this work are considered to have been transferred to the employer to the extent justified by the usual activities of the employer at the time of creation of the work.
Art. 32: Holder rights to the audiovisual worksEdit
1) In the case of an audiovisual work, the former owners of the economic and moral rights are the sponsors of this work (including the director, the author of the screenplay, the music composer). The authors of the works existing adapted or used for audiovisual works are considered to have been treated with these sponsors.
2) Unless otherwise specified, the contract between the producer of an audiovisual work and the sponsors of this work - other than the authors of musical works embodied - as regards the contributions of sponsors to achieve this work wins assignment to the producer of the economic rights of co-sponsors on contributions. But the sponsors retain unless stated in the contract, their rights, over other uses for their contributions to the extent that they can be used separately from the audiovisual work.
1) In order for the author of a work is, in the absence of proof to the contrary, be regarded as such, and therefore be entitled to bring proceedings, it is enough that his name appears on the execution of a usual manner.
2) In the case of an anonymous work, or for a nickname except when the pseudonym leaves no doubt about the identity of the author - the publisher whose name appears on the work, in the absence of proof to the contrary, deemed to represent the author in this capacity, have the right to protect and enforce the rights of the author. This paragraph shall cease to apply when the author reveals his identity and asserts its right as a holder of the work.
Art. 34: Presumption of ownership producers of audiovisual worksEdit
The natural or legal person whose name is listed on an audiovisual work in a normal way as the producer is presumed in the absence of evidence to the contrary, be the producer of the work.
Chapter V: - Assignment of rights, licensesEdit
Art. 35: Transfer of RightsEdit
1) The rights are transferable by transfer inter vivos and testamentary through or by the effect of the order upon death.
2) Moral rights are not transferable between living but are by testamentary or by the effect of the order upon death.
Art. 36: LicensesEdit
1) The author of the work may grant licenses to others to perform acts covered by its rights. These licenses can be exclusive or non-exclusive.
2) A non-exclusive license allows its holder to accomplish, in the way that it is permitted, acts which concerns at the same time as the author and other holders of non-exclusive licenses.
3) An exclusive license allows its holder, to the exclusion of everything else, including the author, to be accomplished, in the way that it is permitted, it concerns acts.
4) No license shall be regarded as an exclusive license unless it is explicitly stipulated in the contract between the author and the licensee.
Art. 37: Form of transfer and licenseEdit
Except as provided in regulations, contracts for the sale of rights or license to perform acts covered by the rights are awarded in writing.
Art. 38: Scope of assignments and licensesEdit
1) Transfers of property rights and licenses to perform acts covered by the rights can be limited to certain specific rights and in terms of goals, duration, the territorial scope and extent or means of 'exploitation.
2) The failure to mention the territorial scope e why rights are sold or the license is granted to perform acts covered by the property rights, is seen as a limit of the assignment or licence to the country in which the transfer or license is granted.
3) The lack of mention of the extent or means of operation for which the rights are sold or the license is granted to perform acts covered by the property rights, is seen as a limit of the assignment or licence the scope and methods of operation necessary for the purposes contemplated in the granting of assignment or licence.
Art. 39: Sale of originals or copies of works and licensing and assignment concerning copyright in worksEdit
1) The author who transmits alienation by the original or a copy of his work, is considered, unless otherwise stipulated in the contract, have yielded none of these rights, nor have any license granted for the performance of Acts covered by the rights.
2) Notwithstanding paragraph 1), the legitimate purchaser of an original or a copy of a work, unless otherwise stipulated in the contract, has the right to present such an original or copy directly to the public.
3) The right provided for in paragraph 2) does not extend to persons who have come into possession of the originals or copies of a work by means of location, public lending or any other means without having acquired ownership .-
PART TWO: RIGHTS OF PERFORMERS, PRODUCERS OF PHONOGRAMS AND OF BROADCASTING (Draft Treaty)Edit
Chapter I - Introductory ProvisionsEdit
Art. 40: DefinitionsEdit
1) The following words and their variants as they are used in this part of the ordinance have the following meanings:
I) The "performers" are actors, singers, musicians, dancers and other persons who sing, declaim, play or otherwise perform literary or artistic works.
Ii) The "copy of a sound recording" is any support material containing sounds taken directly or indirectly from a phonogram and which embodies all or a substantial part of this sounds fixed in phonograms.
Iii) The "fixing" is the incorporation of sound, images or sounds and images in a physical medium sufficiently permanent or stable to permit their perception, copying or communicating in any way, for a period more than just temporary .
Iv) A "phonogram" is any exclusively aural fixation, the sounds of a performance or other sounds.
V) The "phonogram producer" is the natural or legal person who, first fixes sounds of a performance or other sounds.
2) The definitions laid down in Article 1 of the first part shall apply mutatis mutandis in this part of the order.
Art. 41: Scope of application of the ordinanceEdit
1) The provisions of this part of the ordinance apply
I) when performances
-- The performer is a national of Niger, or
-- The performance takes place on the territory of Niger, or
-- The performance is fixed in phonograms protected under this part of the order, or
-- The performance which has not been fixed in phonograms is incorporated into a broadcast protected under this part of the order.
Ii) Phonograms when the producer is a national of Niger, or the first fixation of the sounds was made in Niger.
Iii) broadcasts when the headquarters of the organization is located on the territory of Niger or the broadcast was transmitted from a station located on the territory of Niger.
2) The provisions of this part of the order also apply to performances, phonograms and broadcasts, protected under the international conventions to which Niger is a party, as the provisions of the Convention apply require.
I) the rebroadcasting of its broadcasts
1) Subject to the provisions of sections 46 to 49, the performer has the exclusive right to do or to authorize:
I) broadcasting of their performance, except when broadcasting:
-- Is made from a fixation of the interpretation or execution other than fixing made under section 49; or
-- Is a reissue authorized by the broadcaster who made the first interpretation or execution;
Ii) the fixation of their performance unfixed
Iii) the reproduction of a fixation of their performance when:
-- The performance was initially set without their permission, or
-- The reproduction is made for purposes other than those for which the artists have given their permission;
-- The performance was initially set in accordance with the provisions of Articles 46 to 49, but the reproduction is made for purposes other than those stated in these articles.
2) In the absence of agreement to the contrary:
I) the authorization to broadcast does not have permission to allow other organizations to broadcast to issue the performance;
Ii) the authorization to broadcast does not have permission to fix the interpretation or execution;
Iii) the authorization to broadcast and fix the performance does not imply permission fixation;
Iv) the authorization to set the performance and replicate this setting does not have permission to broadcast the performance from the fixation or its reproductions.
Subject to the provisions of sections 46, 47 and 49, producers of phonograms has the exclusive right to do or to authorize:
I) the direct or indirect reproduction, copies of his phonogram;
Ii) the importation of such copies for distribution to the public;
Iii) distribution to the public such copies
Subject to the provisions of Articles 47 and 49, the broadcaster has the exclusive right to do or to authorize:
I) the rebroadcasting of its broadcasts;
Ii) the fixation of their broadcasts;
Iii) the reproduction of a fixation of its broadcasts when:
-- Setting from which the reproduction is made was not allowed
-- The broadcast was originally set in accordance with the provisions of Articles 47 and 49 but the reproduction is made for purposes other than those stated in these articles.
Chapter III: Equitable remuneration for the use of phonogramsEdit
Art. 45: Fair remuneration for broadcastingEdit
1) If a phonogram published for commercial purposes, or a reproduction of this phonogram, is used directly for broadcasting and communication to the public, a single equitable remuneration, for both performers and the producer phonogram, will be paid by the user to the producer.
2) The amount received on the use of a sound recording will be shared, the rate of 50% for growers and 50% for performers
They will share the amount received by the producer or use in accordance with the agreements between them.
Art. 46: Fair remuneration for the private reproductionEdit
1) Notwithstanding the provisions of Articles 42 and 43 is allowed without the permission of the performer whose interpretation or enforcement is a sound set sut and without the permission of the producer, but against payment of a fair remuneration for their benefit, to reproduce a sound, but this only for the private use of the user.
2) Sections 2) to 4) of Article 21 shall also apply with regard to the equitable remuneration referred to in subparagraph 1) of this article.
Chapter IV: Free usesEdit
Art. 47: Free uses GeneralEdit
Notwithstanding the provisions of Articles 42 and 44, and subject to those contained in Article 46, the following acts shall be permitted without beneficiaries mentioned in those articles, and without payment of a fee:
I) private use
Ii) reporting news, provided it is used only short excerpts of a performance, a sound recording or a broadcast;
Iii) the use solely for the purposes of teaching or scientific research
Iv) citations, made up of short excerpts of a performance, or a sound recording of a broadcast, provided that such subpoenas are consistent with the fair practice and justified by their goal Information
V) such other purposes as exceptions to works protected by copyright under this ordinance.
Art. 48: Free use of interpretations, executionsEdit
Once performers have authorized the inclusion of their performance in a setting of images or of images and sounds, the provisions of Article 42 shall cease to apply.
Art. 49: Free use by broadcastersEdit
Notwithstanding the provisions of articles 42 to 44, the following acts shall be permitted without beneficiaries mentioned in those articles, and without payment of a fee, when the fixing or the reproduction is made by a broadcasting organization by its own and means for its own broadcasts, provided that
I) for each episode of a fixation on the interpretation or execution or its reproductions, made under this subparagraph, the broadcaster has the right to broadcast the performance of which he These
Ii) for each episode of a fixation of a broadcast, or a reproduction of such a fixation made under this subparagraph, the broadcaster has the right to broadcast the show
Iii) for fixing made under this paragraph or its reproductions fixation and its reproductions are destroyed within a period with the same length as that applied to fasteners and reproductions of works protected by copyright Under Article 17 of the Ordinance Presents, with the exception of that one copy can be retained for the sole purpose of record keeping.
Chapter V: Duration of protectionEdit
Art. 50: Duration of protection for performancesEdit
The duration of protection for performances under this ordinance is a period of fifty years from
I) the end of the fixation, for performances fixed in phonograms.
Ii) the end of the year in which the performance took place, for performances that are not fixed in phonograms.
Art. 51: Duration of protection for phonogramEdit
The duration of protection for phonogram by virtue of, this part of the ordinance is a period of fifty years from the end of the fixing.
Art. 52: Duration of protection for broadcastsEdit
The duration of protection for broadcasts under this part of the ordinance is a period of twenty-five years from the end of the year when the broadcast took place.
Chapter VI: Mention relative to the Protection of PhonogramsEdit
Art. 53: Mention relative to the Protection of PhonogramsEdit
1) All copies of phonograms put on the market or a pack containing bear a notice consisting of the symbol p accompanied by the year of first publication, affixed in a manner showing cleanly that the Protection is reserved.
2) If the samples or their wallets do not identify the producer by the name of the brand or other appropriate designation, the notice shall also include the name of the holder of the rights of the producer.
3) If the samples or their wallets do not identify the principal performers, the notice shall also include the name of the person who, in the country where the fixing took place, owns the rights of these artists.
THIRD PARTY: EXPRESSIONS OF FOLKLOREEdit
Chapter 1: Introductory ProvisionsEdit
Art. 54: DefinitionsEdit
1) "Folklore" means all productions created on the national territory by national ethnic communities passed on from generation to generation and constituting one of the fundamental elements of the traditional cultural heritage of a nation.
2) "Expressions of Folklore" refers to all products consisting of characteristic elements of the traditional artistic heritage developed and maintained by a community or by individuals reflecting the traditional artistic expectations of this community, in particular:
- Verbal expressions such as folk tales, folk poetry and riddles;
- Musical expressions such as folk songs and instrumental music;
- Expressions, such as dances and popular shows as well as artistic expressions rituals;
-- Tangible expressions, such as:
A) of folk art, including drawings, paintings, carvings, sculptures, pottery, terra cotta, mosaic, woodwork, metal objects, jewelry, basket weaving, needlework, textiles, carpets, costumes;
B) musical instruments
Art. 55: Principle decent protectionEdit
The expressions of folklore developed and maintained in Niger are protected by this part of this Ordinance Against Illicit Exploitation and Other Prejudicial Actions.
Subject to the provisions of Article 58, the following uses of folklore is subject to authorization by the Nigerien office of copyright when they are made both with gainful intent and outside their context traditional or customary
1) Any publication, reproduction and distribution of copies of expressions of folklore
2) Any recitation, public performance any transmission by wire or wireless, and any other form of communication to the public expressions of folklore.
I) Any request for authorization comprehensive individual or any use of expressions of folklore subject to authorization under this section of the ordinance must be submitted in writing to the office of the Nigerien copyright.
2) When the Nigerien office of copyright grants authorization, it fixes the amount of fees and receiving them. The fees collected are used to promote and preserve the culture of Niger.
Art. 58: ExceptionsEdit
1) The provisions of Article 56 shall not apply in the following cases
I) use for education
Ii) the use illustrative of an original work of an author, as far as l-extent of this use is consistent with the fair practice
Iii) the borrowing of expressions of folklore for creating an original work of one or more authors.
2) The provisions of section 56 do not apply when the use of folklore is coincidental. This would include:
I) the use of an expression of folklore that can be seen or heard in the course of current events, for the purposes of the record of this event by means of photography, broadcasting or recording audio or visual, provided that the scope of such use is justified by the informatory purpose;
Ii) the use of objects containing expressions of folklore, located permanently in a place where they can be viewed by the public, whether such use is to be seen at their use in a film or photograph, a television broadcast.
Art. 59: Mention of the sourceEdit
1) In all publications, in any communication to the public of an identifiable expression of folklore, the source must be included in an appropriate manner by mentioning the community and / or the geographic location from which it had emerged.
2) The provisions of paragraph 1 above shall not apply to the uses listed in subparagraphs 1. Iii) and 2 of article 58.
Art. 60: Protection of Expressions of Folklore abroadEdit
The expressions of folklore developed and maintained in a foreign country are protected under this part of the prescription
I) subject to reciprocity or
Ii) on the basis of international treaties or other agreements.
PART FOUR: COLLECTIVE MANAGEMENT OF RIGHTSEdit
Art. 61: Collective Management of the economic rights generalitiesEdit
1) The authors of works and the dependants of neighbouring rights in harmony with Articles 21, 2) and 46. 2) may authorize the Niger Copyright Office (BNDA) to manage their rights.
2) The rules relating to the establishment and operation of the Bureau Nigérien du Droit d’Auteur (BNDA) will be the subject of an enforcement decree taken by the Council of Ministers
PART FIVE: MEASURES TO APPEAL AND SANCTIONS AGAINST PIRACY AND OTHER OFFENCESEdit
Any fraudulent or malicious harm to the protection of copyright, related rights. And folklore will be punished in accordance with articles 372, 373, 374, 375, 376 and 377 of the penal code.
At the request of a writer, a performer or Bureau Nigérien du Droit d’Auteur (BNDA) and their dependants, the court injunctions, will be empowered to order:
-- Seizing copies constituting an illegal reproduction of their works
-- Suspension of all manufacturing under way to the illegal production of these works
-- Seizure, even outside the legal hours, revenue from all reproductions, representations or illegal broadcasts of these works.
Any person or entity, including rights under this Ordinance has been violated or is about to can be in a civil action using the following means:
-- An injunction in the terms that the court may deem necessary to prevent the violation of his rights
-- Reparations for damages suffered as a result of the breach, including the payment of all profits made by the infringer and attributable to it. If it is determined that a violation has been accompanied by fraud, the court may, at its discretion, grant harm interests liter example;
Regardless of the remedies specified in the preceding article, any person who violates or causes the violation of rights protected under this Ordinance shall be liable to imprisonment for one (1) to five (5) years' a fine of twenty thousand (20,000) to two hundred thousand (200,000) francs, or one of those two penalties.
PART SIX: FINAL PROVISIONSEdit
Art. 66: Administrative RegulationsEdit
Texts formal regulatory clarify certain arrangements for the application of this Ordinance, which applies to works already published in any manner whatsoever, and those to come.
Have repealed all previous provisions constraints to this particular ordinance Act No. 57-298 of 11 March 1957 on literary and artistic property as well as' Decree No. 58-447 regulating public administration for the application in the Overseas Territories of the Act.
This Ordinance shall be enforced as law of the State and will be published in the Official Journal of the Republic of Niger.
Done in Niamey, March 30, 1993
Signed: Prime Minister Amadou Cheiffou