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Chad

TD002

Atrás

Law No. 005/PR/2003 of May 2, 2003

 Law No. 005/PR/2003 of May 2nd, 2003 on the Protection of Copyright, Neighboring rights and Expressions of Folklore

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Law No. 005/PR/2003 of May 2, 2003 on Protection of Copyright, Neighboring

Rights and Expressions of Folklore

Courtesy translation provided by WIPO, © 2012

Part 1: Copyright and Protection of Expressions of Folklore

Chapter 1: General provisions

Section I: General provisions and scope of application

Article 1: Under the present Law:

1 – "work" means an original creation or all the creations produced by an artist, in

particular those produced using a particular technique;

2 – "original work" means a work whose author can be identified by virtue of its

characteristics or its form;

3 – "derivative work" means a work based on pre­existing elements;

4 – "work of joint authorship" means a work in whose creation a number of natural

persons have collaborated;

5 – "composite work" means a work in which a pre­existing work is incorporated without

the collaboration of the author of the pre­existing work;

6 – "collective work" means a work created by a number of authors at the initiative and

under the authority of a natural or legal person who or which edits, publishes or discloses

it in his name and in which the contributions of the various authors participating in its

creation merge in the whole for which they were created, so that it is impossible to

attribute to each of them a separate right in the whole work once completed;

7 – "audiovisual work" means a work consisting of a series of related images giving an

impression of movement, whether or not accompanied by sounds, and, if accompanied by

sounds, capable of being heard;

8 – "broadcasting" means the wireless transmission of sounds or of images and sounds or

of representations thereof for the purposes of reception by the public; transmission of

this nature by satellite; and the transmission of encrypted signals, where the means of

decryption are provided to the public by the broadcasting organization or with its

consent;

9 – "communication of a work to the public" means the fact of making a work accessible

to the public by means other than the distribution of copies;

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10 – "public communication by cable" means the communication of a work to the public

by wire or by any other means constituted by a material substance;

11 – "to perform" a work means to recite it, play it, dance it or perform it, either directly

or by any device or process or, in the case of an audiovisual work, to show the images in

any sequence whatsoever or to make the sounds accompanying it audible;

12 – "producer" of an audiovisual work means the natural or legal person who or which

takes the initiative and has the responsibility for creating the work;

13 – "entertainment promoter" means any natural or legal person who or which,

occasionally or on a permanent basis, performs, communicates to the public or arranges

for the performance or communication to the public, in an establishment open to the

public and by any means whatsoever, of works protected under the present Law;

14 – "reproduction" means the material fixation of the work by any processes that allow

it to be communicated to the public indirectly, in particular by printing, drawing,

engraving, photography, casting and any process in the graphic and three­dimensional

arts, or mechanical, cinematographic, magnetic or digital recording;

For works of architecture, reproduction also consists of the repeated execution of a plan

or blueprint;

15 – "rental" means the transfer of possession of the original or a copy of a work for a

limited period of time, for profit­making purposes;

16 – "expressions of folklore" means productions consisting of characteristic elements of

the traditional artistic heritage developed and perpetuated by a community of the

Republic of Chad or by individuals who are unknown but are recognized as meeting the

artistic aspirations of such community and including folk tales, folk poetry, folk songs

and instrumental music, folk dancing and entertainments and also the artistic expressions

of rites and productions of folk art.

Article 2: The provisions of the present Law shall apply to:

1 – works of which the author or any other original holder of copyright is a national of

the Republic of Chad or has his habitual residence or headquarters in the Republic of

Chad;

2 – audiovisual works of which the producer is a national of the Republic of Chad or has

his habitual residence or headquarters in the Republic of Chad;

3 ­ works published for the first time in the Republic of Chad or published for the first

time in another country and also published in the Republic of Chad within a period of 30

days;

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4 ­ works of architecture erected in the Republic of Chad;

5 – works that are entitled to protection pursuant to an international treaty to which the

Republic of Chad is a party.

Article 3: The integrity or authorship of works may not be infringed even where,

pursuant to the preceding Article, they are not protected by the law.

The exploitation of such works shall be subject to the collection of royalties by the

Chadian Copyright Office provided for in Article 119 of the present Law, which shall use

them for welfare and cultural purposes for the benefit of Chadian authors and performers.

Section 2: Protected works

Article 4: Original literary, artistic and scientific works shall be protected in accordance

with the provisions of Part 1 of the present Law.

Article 5: The following shall be considered works of the mind under the present Law:

1 – written works (books, brochures and other literary, artistic and scientific writings);

2 – oral works (lectures, addresses, sermons, pleadings and other works of that nature);

3 ­ dramatic or dramatico­musical works;

4 ­ choreographic works, circus acts and feats, and entertainments in dumb show the

realization of which is fixed in writing or in another form;

5 ­ musical compositions with or without words;

6 ­ cinematographic works and other works consisting of sequences of moving images,

with or without sound, referred to together as audiovisual works;

7 ­ works of drawing, painting, architecture, sculpture, engraving and lithography;

8 ­ graphic and typographic works;

9 ­ photographic works and works produced using techniques analogous to photography;

10 – works of applied art;

11 – geographical illustrations and maps;

12 ­ plans, sketches and three­dimensional works relating to geography, topography,

architecture and science;

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13 – computer programs;

14 – compilations of data or other information in any form which, by reason of the

selection or arrangement of their contents, constitute intellectual creations;

15 – "expressions of folklore".

Article 6: Translations, adaptations, transformations or arrangements of works of the

mind and of expressions of folklore shall be protected under the present Law, without

prejudice to the rights of the author of the original work. The same shall apply to the

authors of anthologies or collections of various works which, by reason of the selection

and arrangement of their contents, constitute intellectual creations.

Article 7: The title of a work of the mind, provided it is original, shall be protected in the

same way as the work itself.

Even where the work is no longer protected, no one may use such title to identify a work

in the same genre, in circumstances likely to cause confusion.

Article 8: A work shall be deemed created, irrespective of any public disclosure, by

virtue of the mere fact of realization of the author's concept, even if incomplete.

Article 9: The protection afforded by this Law shall not extend to:

1 ­ official texts of a legislative, administrative or judicial nature or to the official

translations thereof;

2 ­ the news of the day;

3 ­ simple facts and data.

Section 3: Copyright holders

Article 10: The provisions of the present Law shall protect the rights of authors in all

works of the mind, whatever their genre, form of expression, merit or intended use,

without any prior formalities.

Article 11: The existence or conclusion of a contract for hire or service by the author of a

work of the mind shall not entail any derogation from the enjoyment of copyright

afforded by the present Law.

Copyright in a work created in this context on behalf of a natural or legal person, private

or public, shall vest originally in the author, unless otherwise stipulated in writing in the

contract.

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Article 12: Authorship shall belong, unless proved otherwise, to the person or persons in

whose name the work is disclosed.

Article 13: A work of joint authorship shall be the joint property of the joint authors.

The joint authors shall exercise their rights by mutual agreement.

In the event of disagreement, one or more of the joint authors may seek a ruling thereon

from the civil court with recognized competence in the matter.

Where the participation of each of the joint authors is of a different kind, each may,

unless otherwise agreed, exploit his personal contribution separately, without prejudice,

however, to the exploitation of the joint work.

Article 14: A composite work shall be the property of the author who created it, subject

to the rights of the author of the pre­existing work.

Article 15: A collective work shall, unless proved otherwise, be the property of the

natural or legal person in whose name it is disclosed.

That person shall hold the copyright.

Article 16: The authors of pseudonymous and anonymous works shall enjoy in such

works the rights afforded by the present Law.

They shall be represented in the exercise of these rights by the original editor or

publisher, until such time as they reveal their identity and prove their authorship.

The disclosure of identity referred to in the preceding paragraph may be made by will;

however, any rights previously acquired by third parties shall be retained.

The provisions of the second and third paragraphs shall not apply where the pseudonym

adopted by the author leaves no doubt as to his identity.

Article 17: The natural person or persons responsible for the intellectual creation of an

audiovisual work shall be regarded as the author or authors of that work.

Unless proved otherwise, the following shall be presumed to be the joint authors of an

audiovisual work produced in collaboration:

4 ­ the author of the script;

5 ­ the author of the adaptation;

6 ­ the author of the dialogue;

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7 ­ the author of the musical compositions, with or without words, specially created for

the work;

8 ­ the director.

Where an audiovisual work is based on a pre­existing work or script that is still protected,

the authors of the original work shall be assimilated to the authors of the new work.

Article 18: The natural person or persons responsible for the intellectual creation of a

radio work shall be regarded as the author or authors of that work.

The provisions of the last paragraph of the preceding Article shall apply to radio works.

Article 19: Unless otherwise stipulated, software created by one or more employees in

the performance of their duties shall belong to the employer, in whom shall vest all the

rights afforded to the authors.

The first paragraph of the present Article shall also apply to officials of the State, of

public authorities and of public administrative institutions.

Chapter 2: Copyright

Section 1: General provisions

Article 20: The author of a work of the mind shall enjoy, by the mere fact of its creation,

an exclusive incorporeal property right in the work that shall be enforceable against all

persons. This right shall include attributes of an intellectual and economic nature, as

determined by the present Law.

Article 21: The incorporeal property right set out in the preceding Article shall be

independent of ownership of the material object.

The acquirer of such object shall not, by virtue of the acquisition, be vested with any of

the rights set out in the preceding Article. These rights shall vest in the person of the

author or his successors in title, who may not, however, require the owner of the material

object to make the object available to them for the exercise of said rights. Nonetheless,

where manifest abuse by the owner prevents the exercise of the right of disclosure, the

competent court may order any appropriate measure once the case has been referred to it.

Section 2: Moral rights

Article 22: The author shall be entitled to respect for his name, status and work.

This right shall be a strictly personal right.

It shall be perpetual, inalienable and imprescriptible.

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It may be transmitted mortis causa to the author's heirs.

The exercise thereof may be conferred on a third party pursuant to a will.

Article 23: Only the author shall be entitled to disclose his work. He shall determine the

procedure for disclosure and shall lay down the conditions thereof.

After the author's death, the right to disclose his posthumous works shall be exercised,

during their lifetimes, by the executor or executors appointed by the author. If there are

none, or after their death, and unless the author has willed otherwise, this right shall be

exercised in the following order: by the descendants; by a spouse in respect of whom

there is no final judgement of separation dating back more than six (6) years or who has

not remarried; by heirs other than descendants who inherit all or part of the estate; and

by the universal legatees or donees of the totality of the future assets.

This right may be exercised even after the exclusive right of exploitation has expired.

Article 24: In the event of non­exercise or manifest abuse of the right of disclosure by

the deceased author's representatives referred to in the preceding Article, the competent

court hearing the case may order any appropriate measure. The same shall apply where

there are no known successors in title or in the event of abeyance or escheat.

Such matters may be referred to the courts by the Minister responsible for culture.

Article 25: Notwithstanding assignment of his right of exploitation, an author shall enjoy

a right of reconsideration or withdrawal, even after publication of his work, with respect

to the assignee. However, he may exercise such right only on condition that he

indemnify the assignee beforehand for any prejudice which the reconsideration or

withdrawal may cause him. Where the author decides to have his work published after

having exercised the right to reconsider or withdraw, he shall be required to offer his

exploitation rights in the first instance to the assignee that he originally chose and under

the conditions originally determined.

Article 26: An audiovisual work shall be deemed to be completed when the final version

has been established by mutual agreement between the director or, where appropriate, the

joint authors, on the one hand, and the producer, on the other.

Destruction of the master copy of such version shall be prohibited.

Any alteration to such version through the addition, removal or change of any element

thereof shall require the agreement of the persons referred to in the first paragraph.

Any transfer of the audiovisual work to another type of medium with a view to a different

mode of exploitation shall be subject to prior consultation with the director.

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The authors' moral rights may be exercised by those authors only in respect of the

completed audiovisual work.

Article 27: Where one of the authors refuses to complete his contribution to an

audiovisual work or is unable to complete such contribution because of force majeure, he

may not object to the use of that part of his contribution already in existence for the

purpose of completion of the work. He shall have the status of author of such

contribution and shall enjoy the rights deriving therefrom.

Article 28: Unless otherwise stipulated, an author may not oppose the adaptation of

software within the scope of the rights that he has assigned or exercise his right to

reconsider or withdraw.

Article 29: Only the author shall be entitled to make a collection of his articles and

speeches and to publish them or to authorize the publication thereof in such form.

For all works thus published in a newspaper or periodical, the author shall retain the

right, unless otherwise stipulated, to have them reproduced and to exploit them in any

form whatsoever, provided that such reproduction or exploitation is not such as to

compete with the newspaper or periodical concerned.

Article 30: Under all matrimonial regimes and on pain of invalidity of any clause to the

contrary contained in a marriage contract, the right to disclose a work, to lay down the

conditions for its exploitation and to defend its integrity shall remain vested in the spouse

who is the author or in the spouse to whom such rights have been transferred. This right

may not be brought as a dowry or acquired as community property.

The monetary proceeds of the exploitation of a work of the mind or of the total or partial

assignment of the right of exploitation shall be subject to the ordinary law applicable to

matrimonial regimes only where they were acquired during the marriage; the same shall

apply to savings made in this respect.

Legislative provisions relating to the spouses' contributions to household costs shall apply

to the monetary proceeds referred to in the second paragraph of the present Article.

Section 3: Economic rights and limits on the exercise thereof

Article 31: The author of a work of the mind shall have the exclusive right to carry out or

authorize the following acts:

1 – the reproduction of his work;

2 – the public performance of his work;

3 – the translation, adaptation, arrangement or other transformations of his work;

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4 – the distribution of copies of the work to the public by sale or by any other transfer of

ownership;

5 – the commercial rental and public lending of the original or of copies of his work;

6 – the communication of his work to the public by broadcasting or by cable.

Article 32: Rental and lending rights shall not apply to computer programs, where the

program itself is not the essential subject of the rental or loan.

Article 33: Authors of graphic and three­dimensional works shall, notwithstanding any

assignment of the original work, have an inalienable right to a share in the proceeds of

any sale of such work by public auction or through a dealer.

The resale royalty shall be set uniformly at 10 per cent and shall apply only where the

sale price is 50,000 CFA francs or more.

This royalty shall be levied on the sale price of each work with no deduction at source.

Article 34: Where a work has been lawfully disclosed, the author may not prohibit:

1 ­ private performances given free of charge exclusively within the family circle;

2 ­ copies or reproductions reserved strictly for the private use of the copier and not

intended for collective use, with the exception of copies of works of art intended to be

used for purposes identical to those for which the original work was created;

3 ­ on condition that the author's name and the source are clearly indicated:

(a) analyses and short quotations justified by the critical, polemic, educational, scientific

or informative nature of the work in which they are incorporated;

(b) press reviews;

(c) the reproduction and dissemination, even in their entirety, through the press or by

broadcasting, as current news, of articles on current political, social, economic or

religious topics, speeches intended for the public made at political, administrative,

judicial or academic gatherings, and sermons, lectures, addresses and other works of that

nature;

4 ­ parody, pastiche and caricature, subject to the rules of the genre;

5 – the use of literary or artistic works as teaching examples by means of publication,

broadcasting or audio or visual recording, provided that such use is not improper and is

not for profit­making purposes.

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Article 35: As an exception to subparagraph 2 of the preceding Article, where the work

is a computer program, any reproduction without the consent of the copyright holder,

other than the making of a backup copy by the user, shall be unlawful.

Article 36: As an exception to copyright, a library or archive service whose activities are

not directly or indirectly profit­making may make individual copies of a work by means

of reprographic reproduction:

1 ­ where the work reproduced is an article or a short work or a short extract from a

written work 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 where the purpose of

reproduction is to fulfill the request of a natural person;

2 ­ where the making of such copy is for the purpose of preserving the work and, if

necessary, replacing it or for replacing a copy that has been lost, destroyed or rendered

unusable in the permanent collection of another library or archive service.

Article 37: As an exception to copyright, it shall be permitted to reproduce, broadcast or

communicate by cable to the public an image of a work of architecture, a work of fine art,

a photographic work or a work of applied art that is permanently located in a place open

to the public, except where the image of the work is the main subject of such

reproduction or communication and where it is used for profit­making purposes.

Article 38: As an exception to copyright, a broadcasting organization may, without the

consent of the author and without payment of separate remuneration, make an ephemeral

recording by means of its own facilities and for the purposes of its own broadcasts of a

work that it is authorized to broadcast. The broadcasting organization shall be required to

destroy such recording within six months of its having been made, unless a longer period

has been agreed with the author of the work thus recorded. However, without such

agreement, a single copy of such recording may be kept for the exclusive purpose of the

conservation of archives.

Section 4: Term of protection

Article 39: The author shall, during his lifetime, enjoy the exclusive right to exploit his

work in any form whatsoever and to derive monetary profit therefrom.

On the author's death, this right shall subsist for his successors in title during the current

calendar year and for seventy (70) years thereafter.

Article 40: In the case of works of joint authorship, with the exception of audiovisual

and radio works of joint authorship, the calendar year taken into account shall be that of

the death of the last surviving joint author.

The term of protection of audiovisual and radio works of joint authorship shall expire

fifty (50) years after the work has been lawfully made accessible to the public or, where

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no such event occurs during the seventy (70) years following the making of the work,

fifty (50) years after its making.

Article 41: In the case of collective works, the duration of the exclusive right shall be

fifty (50) years from January 1 of the calendar year following that in which the work was

published.

Where a collective work is published in installments, the term shall commence on

January 1 of the calendar year following that in which each installment is published.

However, where the work is published in its entirety within twenty (20) years of the

publication of the first installment, the duration of the exclusive right in the whole work

shall end only on expiry of the seventieth (70th) year following that of the publication of

the last installment.

Article 42: In the case of anonymous or pseudonymous works, the duration of the

exclusive right shall be fifty (50) years from January 1 of the calendar year following that

in which the work was published. Where the author or authors make themselves known

before the expiry of that term, the duration of the right of exploitation shall be that

corresponding to the category of the work in question, and the period of legal protection

shall commence in accordance with the provisions of Article 39.

Article 43: In the case of posthumous works, the duration of the exclusive right shall be

fifty (50) years from the date of publication of the work.

Where a posthumous work is disclosed during the fifty (50) years following the author's

death, the right to exploit it shall vest in the author's successors in title. Where the work

is disclosed after expiry of that period, the right shall vest in those who, by succession or

for other reasons, own the work and who publish it or have it published.

Posthumous works shall be published separately, except where they constitute only a

fragment of a work previously published.

They may be added to previously published works by the same author only where the

author's successors in title still hold the exploitation right therein.

Article 44: In the case of computer programs, the rights provided for in the present Law

shall lapse on expiry of a period of fifty (50) years after the creation of such program.

Article 45: In the case of works of applied art, the rights provided for in the Law shall

lapse on expiry of a period of twenty­five (25) years after the creation of such work.

Chapter 3: Exploitation of rights

Section I: General principles

Article 46: Total assignment of future works shall be invalid.

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Article 47: The performance, publishing and audiovisual production contracts referred to

in the present Chapter shall be in writing, on pain of relative invalidity. The same shall

apply to performance authorizations granted free of charge.

In all other cases, the provisions of contract law shall apply.

Article 48: The transfer of copyright must be mentioned specifically in the deed of

assignment and the scope, purpose, place and duration of the exploitation of the rights

assigned must be established.

The assignment of the rights of audiovisual adaptation must be the subject of a written

contract in a document separate from the contract relating to the publication as such of

the printed work.

The assignee shall undertake by such contract to seek exploitation of the right assigned in

compliance with the practice within the profession and, in the case of an adaptation, to

pay the author remuneration in proportion to the revenue received.

Article 49: The author may assign the rights in his work in whole or in part. Such

assignment must include a proportional share of the revenue from the sale or exploitation

for the benefit of the author.

The author's remuneration may, however, be assessed as a lump sum in the following

cases:

1 – where it is impossible in practice to determine the basis for calculating a share;

2 – where there is no means of monitoring the application of the share;

3 ­ where the calculation and monitoring costs would be disproportionate to the desired

results;

4 ­ where the nature or conditions of the exploitation make it impossible to apply the rule

of proportional remuneration, either because the author's contribution does not constitute

one of the essential elements of the intellectual creation of the work or because the use of

the work is merely incidental to the subject of the exploitation;

5 ­ in the event of the assignment of a software program;

6 ­ in the other cases provided for in the present Law.

It shall also be lawful for the parties, at the request of the author, to convert the royalties

deriving from the contracts currently in force into lump­sum annuities for periods to be

determined by the parties.

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Article 50: In the event of assignment of an exploitation right, where the author has

suffered a loss of over seven twelfths as a result of injury or an underestimation of the

anticipated proceeds of the work, he may seek a review of the terms of the contract

relating to price.

Such request may be made only in cases where the work has been assigned against

payment of a lump sum.

The injury shall be assessed taking into consideration the full extent of the exploitation by

the assignee of the works of the author who claims to have been injured.

Article 51: Any assignment clause conferring the right to exploit the work in a form that

was unforeseeable or unforeseen on the date of the contract must be explicit and must

stipulate a share that is correlated to the profits of exploitation.

Article 52: In addition to his monetary rights, the author shall have a general lien on the

debtor's property. The lien shall outlast bankruptcy and court­ordered liquidation. It

shall be exercised after employees' salaries have been guaranteed.

Section 2: Publishing contracts

Article 53: A publishing contract shall be a contract under which the author of a work of

the mind or his successors in title assign to a person known as a publisher, under

specified conditions, the right to make or have made a number of copies of the work, and

under which the publisher is required to effect the publication and dissemination thereof.

Article 54: A contract known as a contract at the author's expense shall not constitute a

publishing contract.

Under such contract, the author or his successors in title shall pay to the publisher an

agreed remuneration against which the publisher shall make a number of copies of the

work in the form and in accordance with the modes of expression specified in the

contract, and effect the publication and dissemination thereof.

Such contract shall constitute a contract for services governed by convention, usage and

the provisions of the Civil Code.

Article 55: A contract known as a contract at joint expense shall not constitute a

publishing contract.

Under such contract, the author or his successors in title shall commission a publisher to

make, at his expense, a number of copies of the work in the form and in accordance with

the modes of expression specified in the contract and to effect publication and

dissemination thereof in accordance with the agreement reciprocally contracted to share

the profits and losses of exploitation in the agreed proportion.

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Such contract shall constitute a joint undertaking. It shall be governed, subject to the

provisions of the Civil Code, by convention and usage.

Article 56: It shall be lawful to specify that the author undertakes to grant a preferential

right to a publisher for the publication of his future works in clearly defined genres.

Such right shall be limited for each genre to five new works from the date of signing of

the contract entered into for the first work, or works produced by the author within a

period of five years from the same date.

The publisher shall exercise the right conferred on him by informing the author in writing

of his decision, within a period of three months from the date on which the author

delivers each final manuscript.

Where a publisher enjoying the preferential right has successively refused two new works

submitted by the author in the genre specified in the contract, the author may

immediately and automatically regain his freedom in relation to any future works that he

may produce in that genre. Where the author has received advances for his future works

from the first publisher, however, he must first refund them.

Article 57: Where book publishing is concerned, the author may, subject to a formally

expressed agreement, receive a lump­sum remuneration for the first edition of the

following:

1 ­ scientific or technical works;

2 ­ anthologies and encyclopedias;

3 ­ prefaces, annotations, introductions, presentations;

4 ­ illustrations to a work;

5 ­ limited de luxe editions;

6 ­ prayer books;

7 – translations, at the request of the translator;

8 ­ low­priced popular editions;

9 ­ low­priced albums.

Lump­sum remuneration may also be paid for the assignment of rights to or by a person

or a company established abroad.

15

Where works of the mind published in newspapers or periodicals of any kind or by press

agencies are concerned, the remuneration of the author, who is bound to the news

publishing company by a contract for hire or service, may also be fixed as a lump sum.

Article 58: The personal, written consent of the author shall be compulsory.

Without prejudice to provisions governing contracts entered into by minors and persons

who have attained majority who are under guardianship, consent shall be required even in

the case of an author without legal capacity, except where he is physically incapable of

giving his consent.

The provisions of the preceding paragraph shall not be applicable where the publishing

contract is signed by the author's successors in title.

Article 59: The author shall guarantee the publisher the undisturbed and, unless

otherwise agreed, exclusive exercise of the right assigned.

He shall be required to ensure respect for this right and to defend it against any

infringements.

Article 60: The author shall put the publisher in a position to produce and distribute

copies of the work.

He must deliver to the publisher, within the period stipulated in the contract, the material

to be published in a form permitting normal production.

Unless otherwise agreed or where it is technically impossible, the material for publication

supplied by the author shall remain the property of the author. The publisher shall be

responsible for it for a period of one year after production has been completed.

Article 61: A publishing contract must indicate the minimum number of copies

constituting the first print run. This obligation shall not apply, however, to contracts

providing for minimum royalties guaranteed by the publisher.

Article 62: The publisher shall be required to produce copies or have them produced

under the conditions, in the form and in accordance with the modes of expression

stipulated in the contract.

He may not make any alterations to the work without the written consent of the author.

Unless otherwise agreed, he shall ensure that the author's name, pseudonym or mark

appears on each copy.

In the absence of a special agreement, the publisher shall effect publication within a

period set in accordance with the practice within the profession.

16

In the case of a fixed­term contract, the rights of the assignee shall lapse automatically on

expiry of the term in question without the need for formal notice.

In the three years after such expiry the publisher may, however, sell off, at the normal

price, the copies remaining in stock, unless the author prefers to buy such copies at a

price that shall be set according to expert opinion, in the absence of an amicable

agreement. This option, open to the first publisher, shall not prevent the author from

proceeding with a new edition within a period of 30 months.

Article 63: The publisher shall be required to ensure ongoing and consistent exploitation

and commercial distribution of the work, in accordance with the practice within the

profession.

Article 64: The publisher shall be required to render accounts.

In the absence of special terms laid down in the contract, the author may require the

publisher to produce, at least once a year, a statement indicating the number of copies

produced during the financial year and specifying the date and size of the print runs and

the number of copies in stock.

Except where contrary to normal practice or otherwise agreed, this statement shall also

indicate the number of copies that are unusable or have been destroyed by accident or

because of force majeure and the amount of any royalties owed or paid to the author.

Article 65: The publisher shall be required to furnish the author with all evidence

necessary to establish the accuracy of his accounts.

Where the publisher fails to provide the necessary evidence, he shall be obliged to do so

by the courts.

Article 66: Judicial administration proceedings in respect of the publisher shall not entail

the termination of the contract, unless otherwise stipulated.

Where the company continues to be operated by a receiver or liquidator, all the

publisher's obligations toward the author shall be met by such receiver or liquidator.

In the event of assignment of the publishing company, the purchaser shall be bound by

the obligations of the seller.

Article 67: Where the company's activity has ceased more than three months previously

or where the courts have ordered liquidation, the author may request the termination of

the contract.

The liquidator may not undertake the remaindering or other disposal of copies that have

been produced until at least 15 days after notifying the author of his intention by

registered letter with a request for acknowledgement of receipt.

17

The author shall have a right of pre­emption in respect of all or some of the copies. In the

absence of agreement, the buyback price shall be set in accordance with expert opinion.

Article 68: The publisher may not transfer the enjoyment of the publishing contract to

third parties, either free of charge or against payment or as a contribution to the assets of

a partnership, independently of his business, without first having obtained the author's

consent.

In the event of the disposal of the business in such a way as seriously to compromise the

author's material or moral interests, the author shall be entitled to obtain reparation even

in the form of termination of the contract.

Where the publishing business was operated as a partnership or a joint enterprise, the

award of the business to one of the former partners or one of the co­owners as a result of

the liquidation or division shall under no circumstances be considered assignment.

Article 69: A publishing contract shall come to an end, irrespective of the situations

provided for in ordinary law or in the preceding articles, when the publisher destroys all

the copies.

The contract shall be terminated automatically where, when the author has formally

notified the publisher of an appropriate deadline, the publisher has not published the work

or, where it is out of print, republished it.

A publication shall be deemed to be out of print where two requests for deliveries of

copies addressed to the publisher have not been fulfilled within three months.

Where, in the event of the author's death, a work is incomplete, the contract shall be

terminated in respect of the unfinished part of the work, except as otherwise agreed

between the publisher and the author's successors in title.

Section 3: Performance contracts

Article 70: A performance contract shall be a contract under which the author of a work

of the mind and his successors in title authorize a natural or legal person to perform the

work under conditions that they stipulate.

A contract under which a professional association of authors affords to an entertainment

promoter the faculty of performing, during the term of the contract, the present or future

works that constitute the repertoire of such association, under the conditions laid down by

the author or his successors in title, shall be known as a general performance contract.

Article 71: A performance contract shall be concluded for a limited duration or for a

specified number of communications to the public.

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Unless exclusive rights are expressly provided for, no monopoly on exploitation shall be

conferred on the entertainment promoter .

The period of validity of the exclusive rights afforded by a playwright may not exceed

five years; the suspension of performances for two consecutive years shall automatically

end such validity.

An entertainment promoter may not transfer the enjoyment of his contract without formal

consent given in writing by the author or his representative.

Article 72: Unless otherwise provided:

1 ­ authorization for the terrestrial broadcast of a work shall not include distribution of

such broadcast by cable, unless it is done simultaneously and in full by the organization

that has received the authorization and without any extension of the geographical area

stipulated in the contract;

2 ­ authorization to broadcast a work shall not be equivalent to authorization to

communicate the broadcast of the work in a place accessible to the public;

3 ­ authorization for the terrestrial broadcast of a work shall not include the broadcast

thereof to a satellite allowing the work to be received through the intermediary of third­

party organizations, unless the authors or their successors in title have contractually

authorized such organizations to communicate the work to the public; in this case, the

broadcasting organization shall be exempt from paying any remuneration.

Article 73: An entertainment promoter shall be required to inform the author or his

representatives of the exact program of public performances and to furnish them with a

certified statement of his takings. He shall pay the amount of royalties stipulated on the

due dates specified, directly to the author or his representatives.

Article 74: An entertainment promoter shall be required to effect the public performance

under technical conditions suitable to ensure that the intellectual and moral rights of the

author are respected.

Section 4: Audiovisual production contracts

Article 75: A contract binding the producer to the authors of an audiovisual work, other

than the author of a musical composition with or without words, shall, unless otherwise

stipulated and without prejudice to the rights afforded to the authors, imply the

assignment to the producer of the exclusive exploitation rights in the audiovisual work.

An audiovisual production contract shall not imply the assignment to the producer of the

graphic or theatrical rights in the work.

19

The contract shall specify a list of the elements used in the production of the work that is

conserved and the procedures for conservation.

Article 76: Remuneration shall be payable to the authors for each mode of exploitation.

Subject to the provisions of Article 49, where the public pays a price to receive the

communication of a specified and identifiable audiovisual work, the remuneration shall

be proportional to such price, taking into account any decreasing rates granted by the

distributor to the operator, and shall be paid to the authors by the producer.

Article 77: The author shall guarantee the producer the undisturbed exercise of the rights

assigned.

Article 78: The producer shall be required to ensure that the audiovisual work is

exploited in accordance with the practice within the profession.

Article 79: At least once a year, the producer shall provide the author and the joint

authors with a statement of the revenue from the exploitation of the work for each mode

of exploitation.

At their request, he shall supply them with all evidence necessary to establish the

accuracy of the accounts, in particular a copy of the contracts under which he assigns to

third parties all or some of the rights which he enjoys.

Article 80: Unless otherwise agreed, each of the authors of an audiovisual work may

freely dispose of the part of the work that constitutes his personal contribution with a

view to exploiting it in a different genre, where such exploitation is without prejudice to

the exploitation of the joint work.

Article 81: Judicial administration proceedings in respect of the producer shall not entail

the termination of the audiovisual production contract.

Where the producer or exploiter of the work is involved in proceedings, the

administrator, the receiver or any person involved in the business operations during

bankruptcy or court­ordered liquidation shall be bound by all the producer's obligations,

in particular with regard to the joint authors.

In the event of assignment of all or part of the business, or liquidation, the administrator,

the debtor or the liquidator, as the case may be, shall be required to establish a separate

lot for each audiovisual work that may be assigned or auctioned. He shall be obliged to

notify each of the authors and co­producers of the work by registered letter one month

before any decision on assignment or sale by auction, on pain of invalidity. The

purchaser shall likewise be bound by the obligations of the seller.

20

The author and the joint authors shall have a right of pre­emption in respect of the work,

except where one of the co­producers declares himself a purchaser. In the absence of

agreement, the purchase price shall be set by expert opinion.

Where the company's activity has ceased more than three months previously or where

liquidation has been declared, the author and the joint authors may request the

termination of the audiovisual production contract.

Chapter 4: Protection of "expressions of folklore"

Article 82: “Expressions of folklore” shall belong by their origin to the national heritage.

Article 83: “Expressions of folklore” shall be protected by the present Law against illicit

exploitation and other prejudicial actions.

Article 84: The creation of works derived from “expressions of folklore” (adaptations,

translations, arrangements and other transformations) shall be declared, after creation, to

the Chadian Copyright Office.

Article 85: The following uses of “expressions of folklore” shall be subject to the

authorization of the Chadian Copyright Office, where they are carried out both for profit­

making purposes and outside their traditional or customary context:

1 ­ any publication, reproduction and distribution of copies of “expressions of folklore”;

2 ­ any recitation or public performance, any transmission by wire or by wireless means,

and any other form of communication to the public of “expressions of folklore”.

Article 86: The authorization of the Chadian Copyright Office provided for in Article

119 shall be granted against payment of a royalty, the amount of which shall be fixed in

accordance with the conditions for the use of protected works in the same category. The

proceeds of such royalty shall be managed by the Chadian Copyright Office and used for

cultural or welfare purposes for the benefit of the communities of origin, authors and

performers in Chad.

Article 87: Copies of “expressions of folklore” and also copies of translations,

arrangements and other transformations of such expressions produced without

authorization or without being declared, as appropriate, may not be imported, exported or

distributed.

Article 88: The exceptions to copyright set out in this Law shall apply mutatis mutandis

to “expressions of folklore”.

Article 89: Any publication and communication to the public of an identifiable

expression of folklore must indicate its source in an appropriate manner, by mentioning

the community and/or the geographical place from which the expression originates.

21

Article 90: “Expressions of folklore” developed and perpetuated in a foreign country

shall be protected by the present Law, subject to reciprocity or on the basis of treaties or

other agreements that are binding on the Republic of Chad.

Part 2: Protection of Neighboring Rights

Chapter 1: General provisions

Article 91: Neighboring rights shall include the rights of performers, producers of

phonograms or videograms and audiovisual communication companies.

Article 92: Neighboring rights shall not prejudice copyright. Consequently, no provision

in the present Part of the Law shall be interpreted in such a way as to limit the exercise of

copyright by the holders thereof.

Article 93: For the purposes of the present Part of the Law:

1 – "performers" means natural persons who act, sing, recite, declaim, play in, dance or

otherwise perform literary or artistic works, variety, circus or puppet acts, or “expressions

of folklore”;

2 – "fixation" means the embodiment of sounds, images, or sounds and images in a

material medium that is permanent or sufficiently stable to allow them to be viewed,

reproduced or communicated in any manner whatsoever during a period of time that is

more than provisional;

3 – "phonogram" means any exclusively audio fixation of the sounds of a performance or

of other sounds, or of a representation of sounds, other than in the form of a fixation

incorporated in a cinematographic or other audiovisual work;

4 – "producer of a phonogram" means the natural or legal person who or which takes the

initiative and has the responsibility for the first fixation of a phonogram;

5 – "videogram" means the fixation of a series of related images, with or without sound,

giving an impression of movement, on cassette, disk or other material media;

6 – "producer of a videogram" means the natural or legal person who or which takes the

initiative and has the responsibility for the first fixation of a videogram;

7 – "publication" of a fixed performance, a phonogram or a videogram means the making

available to the public of copies of the fixed performance or of the phonogram or

videogram, with the consent of the rightholder, and provided that copies are made

available to the public in reasonable quantity;

22

8 – "communication to the public" of a performance, a phonogram or a videogram means

the transmission to the public by any means otherwise than by broadcasting, of sounds,

images, or images and sounds of a performance, or the sounds, images, or images and

sounds or representations of sounds, images, or images and sounds fixed in a phonogram

or videogram.

Article 94: The provisions of the present Part of the Law shall apply to performances

where:

1 ­ the performer is a national of the Republic of Chad;

2 ­ the performance takes place on the territory of the Republic of Chad;

3 – the performance is fixed in a phonogram that is protected under the present Part of the

Law;

4 ­ a performance that has not been fixed in a phonogram is incorporated in a broadcast

program that is protected under the present Part of the Law.

They shall apply to phonograms and videograms where:

1 ­ the producer is a national of the Republic of Chad;

2 ­ the first fixation has been made in the Republic of Chad.

They shall apply to broadcast programs where:

1 ­ the headquarters of the organization is located on the territory of the Republic of

Chad;

2 ­ the broadcast program has been transmitted from a station located on the territory of

the Republic of Chad.

The provisions of the present Part of the Law shall also apply to performances,

phonograms or videograms and broadcast programs that are protected pursuant to the

international agreements to which the Republic of Chad is a party.

Article 95: The exceptions to copyright set out in Part 1, Articles 34 and 38, of the Law

shall apply mutatis mutandis to neighboring rights.

Chapter 2: Neighboring rights

Section 1: Rights of performers

Article 96: The performer shall be entitled to respect for his name, status and

performance.

23

This inalienable and imprescriptible right shall be a strictly personal right.

It shall be transferable to his heirs for the protection of the performance and of the

memory of the deceased.

Article 97: The following acts shall be subject to the written consent of the performer:

1 ­ the fixation of his non­fixed performance;

2 ­ the reproduction of the fixation of his performance;

3 ­ the distribution of copies of a fixation of his performance by sale or by any other form

of transfer of ownership;

4 – rental or public lending;

5 ­ the broadcasting of his performance, except where the broadcast is made by means of

a fixation of the performance or where it is a retransmission authorized by the

broadcasting organization that was the first to transmit the performance;

6 ­ the communication to the public of his performance, except where such

communication is made by means of a fixation of the performance or where it is made by

means of a broadcast of the performance.

Article 98: Unless otherwise provided:

1 ­ the broadcasting authorization shall not imply authorization to permit other

broadcasting organizations to transmit the performance;

2 ­ the broadcasting authorization shall not imply authorization to fix the performance;

3 ­ the authorization to broadcast and fix the performance shall not imply authorization to

reproduce the fixation;

4 ­ the authorization to fix the performance and to reproduce the fixation shall not imply

authorization to broadcast the performance by means of the fixation or of reproductions

thereof.

Article 99: The duration of performers' economic rights shall be fifty (50) years from:

1 – January 1 of the calendar year following that of fixation, in the case of performances

fixed in phonograms or videograms;

2 – January 1 of the calendar year following that of performance, in the case of

performances that are not fixed in phonograms or videograms.

24

Article 100: The signing of a contract concluded between a performer and a producer for

the production of an audiovisual work shall constitute authorization to fix and reproduce

the performer's performance and to communicate it to the public.

Such contract shall establish separate remuneration for each mode of exploitation of the

work.

Section 2: Rights of producers of phonograms

Article 101: The following acts shall be subject to the written consent of the phonogram

producer:

1 – the direct or indirect reproduction of his phonogram;

2 – the import of copies of his phonogram with a view to the distribution thereof to the

public;

3 – the distribution to the public of copies of his phonogram by sale or by any other form

of transfer of ownership;

4 – rental or public lending;

5 – communication to the public other than that mentioned in Article 90.

Article 102: The rights afforded to a phonogram producer under the preceding Article,

and also the copyright and the rights of the performers at his disposal, in the work fixed

in such phonogram may not be assigned separately.

Article 103: The duration of a phonogram producer's rights shall be fifty (50) years from

January 1 of the calendar year following that of the fixation.

Section 3: Equitable remuneration for phonograms for commercial use

Article 104: Where a phonogram has been published for commercial purposes, the

performer and the producer may not oppose:

1 – the direct communication thereof in a public place, provided that it is not used in

entertainment;

2 ­ the broadcast thereof, or the simultaneous distribution in full of such broadcast by

cable.

Such uses of phonograms published for commercial purposes, irrespective of the place of

fixation of such phonograms, shall entitle performers and producers to remuneration.

25

Article 105: The remuneration referred to in the preceding Article shall be paid by the

persons who or which use phonograms published for commercial purposes. The rate of

remuneration and the procedures for payment thereof shall be established by the Chadian

Copyright Office in consultation with users.

Remuneration shall be collected on behalf of the successors in title and shared out equally

among the performers and producers by the Chadian Copyright Office.

Article 106: Persons using phonograms published for commercial purposes shall be

required, when they discharge their obligations, to provide the professional copyright

organization with the exact programs of the uses that they are making of such

phonograms and all the documents necessary for the distribution of the royalties.

Section 4: Rights of producers of videograms

Article 107: The following acts shall be subject to the written consent of the videogram

producer:

1 – the direct or indirect reproduction of his videogram;

2 – the import of copies of his videogram with a view to distribution to the public;

3 – the distribution to the public of copies of his videogram by sale or by any other form

of transfer of ownership;

4 – rental or public lending;

5 – the communication to the public of his videogram.

Article 108: The rights afforded to a videogram producer under the preceding Article,

the copyright and the rights of the performers at his disposal in the work fixed in such

videogram may not be assigned separately.

Article 109: The duration of a videogram producer's rights shall be fifty (50) years from

January 1 of the calendar year following that of the fixation.

Section 5: Rights of audiovisual communication companies

Article 110: Organizations that exploit an audiovisual communication service shall be

known as audiovisual communication companies.

Article 111: The following acts shall be subject to the written consent of the audiovisual

communication company:

1 – the retransmission of its programs;

26

2 – the fixation of its programs;

3 – the reproduction of a fixation of its programs and the making available thereof to the

public by sale, hire or exchange, the broadcasting thereof and the communication thereof

to the public in a publicly accessible place against payment of an entry fee.

Article 112: The duration of the rights afforded to audiovisual communication

companies shall be twenty­five (25) years from January 1 of the calendar year following

that of the first communication of the program to the public.

Part 3: Common provisions

Chapter 1: Remuneration for private copying

Single section

Article 113: The authors and performers of works fixed in phonograms or videograms

and the producers of such phonograms or videograms shall be entitled to remuneration

for the reproduction of such works intended for strictly personal and private use, not for

collective use, and produced pursuant to Article 34 of the present Law.

Article 114: Remuneration for private copying shall be paid by the manufacturer or

importer of recording media that can be used for the reproduction for private use of

works fixed in phonograms or videograms, when such media are put into circulation in

the Republic of Chad.

The amount of the remuneration shall be based on the type of medium and the length of

recording that it allows. It shall be assessed according to the lump­sum method.

Article 115: The types of medium, the remuneration rates and the procedures for

payment of the remuneration shall be laid down in regulations; such remuneration may

not be less than 10 per cent of the price of the medium.

Article 116: Remuneration for private copying shall be collected on behalf of the

successors in title by the Chadian Copyright Office.

Remuneration for the private copying of phonograms shall be shared out as follows: half

to the authors, one quarter to the performers and one quarter to the producers.

Remuneration for the private copying of videograms shall be shared out equally among

the authors, performers and producers.

Article 117: Remuneration for private copying shall be reimbursable where the recording

medium is acquired for their own use or production by:

1 ­ audiovisual communication companies;

27

2 ­ producers of phonograms and videograms and persons who or which reproduce

phonograms or videograms on behalf of the producers thereof;

3 ­ legal persons or organizations, a list of which shall be drawn up by the Ministry

responsible for culture, that use recording media for the purpose of assisting visually or

aurally impaired persons.

Article 118: The manufacture, assembly, sale, exchange, hire or making available to the

public in any way of any digital audio recording apparatus that does not have a digital

audio anti­copying device shall be subject to prior authorization by the Ministry

responsible for culture.

The same authorization shall be required for any apparatus, process, device or service, the

purpose of which is to remove, bypass, deactivate and more generally make inoperative a

digital audio anti­copying device or a device for limiting the possibility of copying or

recopying.

A regulatory text shall lay down the rules exempting certain digital audio recording

apparatuses from the preceding provisions, where such apparatuses are intended

exclusively for lawful professional purposes.

The present Article and any provisions that may be enacted under the foregoing

paragraphs shall not impede the implementation of the provisions of Chapter 1 of this

part of the Law concerning recording media that can be used by means of digital

processes.

Chapter 2: Copyright Office

Article 119: A public administrative institution known as the Chadian Copyright Office,

abbreviated as BUTDRA, is hereby created under the Ministry responsible for culture.

Pursuant to the present Law, BUTDRA shall be responsible for the collective

management of copyright and neighboring rights.

In that capacity it shall be responsible for:

1 – the organization and representation of authors of literary and artistic works and their

successors in title;

2 – the promotion and defense of the professional, material and moral interests of such

authors and their successors in title;

3 – the promotion of national creativity in the literary, artistic and scientific fields;

28

4 – exclusive administration on the territory of the Republic of Chad of all the economic

rights of its members that it may have determined;

5 – the safeguarding and promotion of Chad's folk heritage.

A decree adopted by the Council of Ministers on the advice of the National Coordinating

Body of Chadian Artists or of any other appropriate body shall determine its functions,

organization and operating procedures.

Article 120: The provisions of the preceding Article shall not in any way prevent holders

of copyright and neighboring rights from personally exercising the rights afforded to

them under the present Law.

Article 121: The Chadian Copyright Office shall manage the interests of foreign

organizations on the national territory within the framework of any arrangements or

agreements that it may conclude with them.

Part 4

Chapter 1: Securities and penalties

Section 1: General provisions

Article 122: All disputes relating to the implementation of the present Law that fall

within the jurisdiction of the judiciary shall be brought before the competent courts,

without prejudice to the right of the injured party to institute criminal proceedings under

ordinary law.

The Chadian Copyright Office shall have capacity to institute legal proceedings in

defense of the interests for which it is responsible.

However, in the event of a dispute between an artist and the Chadian Copyright Office,

the Administrative Chamber of the Supreme Court shall be competent to hear the case.

Article 123: In addition to statements by police detectives or criminal investigation

officers, factual evidence of any infringement of the provisions of the present Law may

result from the reports of sworn officials of the Chadian Copyright Office.

Section 2: Protective measures

Article 124: The civil court competent to hear proceedings instituted under civil law in

accordance with the present Law shall be empowered, subject to the conditions that it

deems reasonable, to issue an order prohibiting the commission or ordering the cessation

of the infringement of any right protected under the present Law.

29

Article 125: Police detectives, justices of the peace and sworn officials of the Chadian

Copyright Office shall be required, at the request of any author or holder of neighboring

rights, their successors in title, licensees or the Chadian Copyright Office, to seize copies

that have been produced in violation of copyright or neighboring rights.

Where the desired effect of the seizure is to delay or suspend public performances that

are already under way or have been announced, special authorization must be obtained

from the President of the court of minor jurisdiction, by an order issued on request. The

President of the court may also, in the same manner, order:

1 ­ the suspension of any manufacturing currently under way to reproduce unlawfully a

work, performance, phonogram or videogram;

2 ­ the seizure, irrespective of the day and time, of copies constituting an unlawful

reproduction of a work, performance, phonogram or videogram that has been or is being

produced, of the revenue obtained, and of copies used unlawfully;

3 ­ the seizure of the revenue from any reproduction, performance or broadcast, by any

means whatsoever, of a work of the mind, performance, phonogram or videogram,

effected in violation of copyright or neighboring rights.

In the orders referred to above, the President of the court may order the distrainer to

provide appropriate security first.

The provisions of the present Article shall also apply in the event of improper

exploitation.

Article 126: The distrainee or the garnishee may request the President of the court to

order the release of the seizure, to limit its effects or to authorize the resumption of

manufacture or of public performances, under the authority of an administrator appointed

as custodian, for the benefit of whomsoever it may concern, of the proceeds of such

manufacture or exploitation.

Where the President of the court allows the request of the distrainee or garnishee, he may,

hearing the case in chambers, order the applicant to deposit a sum as security against any

damages to which the author may be entitled.

Article 127: The measures taken pursuant to Article 114 above shall be lifted

automatically in the event of a non­suit or discharge.

In the absence of criminal proceedings, the measures shall also be lifted automatically

where the distrainer fails to refer the matter to the competent civil court within 30 days of

the seizure.

30

Article 128: Authorities of all kinds, and in particular the police and the gendarmerie,

shall be required, at the request of the Chadian Copyright Office, to give their assistance

and, where appropriate, their protection.

Section 3: Civil and criminal penalties

Article 129: A victim of the infringement of a right protected under the present Law may

obtain payment, by the infringer, of damages to compensate for the prejudice that they

have suffered and the payment of the costs arising from the infringing act, including legal

costs.

Article 130: In the event of an infringement of the author's resale royalty right, the

purchaser and ministerial officials may be ordered, jointly and severally, to pay damages

to the beneficiaries of that right.

Article 131: Article 209 of the Penal Code is hereby amended as follows:

Any publication of writings or of a musical composition, drawing, painting or any other

production, printed or engraved, in whole or in part, any reproduction, translation,

adaptation, arrangement or other transformation, any representation, rental, public

lending or communication to the public of works published in Chad or abroad, in

violation of the laws and regulations on the ownership of authors, shall be punished with

imprisonment for a term of three (3) months to two (2) years or with a fine of fifty

thousand (50,000) to five million (5,000,000) CFA francs or both.

Anyone who sells, exports and imports infringing works shall be punished with the same

penalties.

Article 132: Anyone who infringes one of the rights of performers, producers of

phonograms or videograms or audiovisual communication companies, as set out in the

present Law, shall be punished with imprisonment for a term of three (3) months to two

(2) years or with a fine of fifty thousand (50,000) to five million (5,000,000) CFA francs

or both.

Anyone who sells, imports or exports phonograms or videograms made without the

consent of the producer or the performer, where such consent is required, shall be

punished with the same penalties.

Failure to pay the remuneration due to the author, the performer or the phonogram or

videogram producer for private copying or public communication and for the

broadcasting of commercial phonograms, and also infringements of the provisions of

Article 106 of the present Law, shall be punishable with the same fine as provided for in

the first paragraph.

Article 133: In the event of repetition of the infringements referred to in the two

preceding Articles, the penalties incurred shall be doubled.

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In addition, the court may order the closure, either permanent or temporary – for a period

not exceeding five (5) years ­ of the establishment operated by the offender.

Article 134: In all the cases provided for in the three preceding articles, the court may

order the confiscation of all or part of the revenue obtained as a result of the

infringement, all the infringing or unlawfully reproduced phonograms, videograms,

objects or copies, and equipment specially installed for the purpose of committing the

offense.

Equipment and revenue or portions of revenue that have been confiscated shall be

returned to the victims to compensate them for the damage done to them; the surplus

compensation or the full compensation, where there is no confiscation of equipment or of

revenue, shall be settled in accordance with ordinary procedures.

The court shall order the destruction of all unlawfully produced copies.

The court may also order, at the offender's expense, the display of the judgement

pronouncing the conviction and the publication thereof in full or in the form of extracts in

such newspapers as it may designate, provided that the costs of such publication do not

exceed the maximum amount of the fine incurred.

Article 135: A user who fails to request the required consent or to declare it to the

Chadian Copyright Office shall be punished with a fine equal to double the amount of

revenue due; the minimum shall be five thousand (5,000) francs.

Part 5: Final provisions

Article 136: The provisions of the present Law shall also apply to works that were

created, performances that were fixed, phonograms or videograms that were fixed and

broadcasts that were created prior to its entry into force, provided that such works,

performances, phonograms or videograms and broadcasts have not yet fallen into the

public domain by reason of the expiry of the term of protection that they enjoyed under

the previous legislation or under the legislation of their country of origin.

The legal effects of acts and contracts concluded prior to the entry into force of this Law

shall, however, remain entirely unaffected.

Article 137: All earlier conflicting provisions, in particular Law No. 57­298 of March

11, 1957 on Literary and Artistic Property and Decree No. 58­447 on Public

Administration Regulations for the Implementation of the Law in Overseas Territories,

are hereby repealed.

Where necessary, regulations shall specify the terms of implementation of the present

Law.

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Article 138: The present Law shall be registered and published in the Official Gazette of

the Republic and enforced as the law of the land.

Done at N'Djamena, May 2, 2003

IDRISS DEBY