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

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