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

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