WIPO

STANDING COMMITTEE ON COPYRIGHT
AND RELATED RIGHTS

Fourth Session

Geneva, April 11, 12 and 14, 2000

PROPOSAL BY CERTAIN AFRICAN COUNTRIES RELATING TO TRANSFER

submitted on behalf of Algeria, Burkina Faso, Cameroon, Côte d'Ivoire,
Ghana, Kenya, Madagascar, Morocco, Rwanda, South Africa, Togo, Tunisia,
Uganda and the United Republic of Tanzania^*

PROPOSAL BY CERTAIN AFRICAN COUNTRIES RELATING TO TRANSFER

1. In the absence of any contrary stipulation by the parties to a contract, any transfer, by agreement or operation of law, of any of the exclusive rights of authorization granted to a performer under this [Protocol/Treaty] shall be governed by the law of the country most closely connected with the particular audiovisual work.

2. The country most closely connected with a particular audiovisual work shall be:

(a) the Contracting Party in which the maker of the particular work has his headquarters or habitual residence; or

(b) where the maker does not have his headquarters or habitual residence in a Contracting Party, or where there is more than one maker, the country in which the particular performer has his habitual residence.

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