210 COPYRIGH T - JUNE 1981 broadcasting organization by means of its own fa­ cilities and for its own broadcasts, provided that: (i) in respect of each broadcast of a fixation of a performan ce or of a reproduction thereof made under this subsection, the broadcasting organization has the right to broadcast the par­ ticular performance; and (ii) in respect of ,each broadcast of a fixation of a broadcast, and each broadcast of a reproduc­ tion of such a fixation of a broadcast, made under thi!S Ar-ticle, the broadoasting organi­ zation has the ,right to broadcast the particular broadcast; and (iii) in respect of any fixation made under this Article or ,any •reproduotion the.reof, the fixation and any reproductions thereof are destroyed within the same period as applies to fixations and reproductions of copyright works under Article 10, except for a single copy which may be preserved exclusively for archi­ val purposes. CHAPTER VII Exercise of Neighboring Rights Article 77. The 'administration of the ·rights con­ ferred by Title II 'Of this Law shall be entrusted to the Guinean Copyright Office (BGDA), mentioned in Article 46 above. CHAPTER VIII Procedure and Sanctions Article 78. In a civil action brought. by any person or legal entity whose rights under this Title are threatened with violation or have been violated, the following remedies shall be available: (i) an injunction, upon such terms as the court may deem reasonable, to restrain violations; (ii) payment to the complaining party of any ·damages ·suffered by it as a result of a viola­ tion, including any profits enjoyed by the viola­ tor that are attributable to the violation. If the violation is found to have been malicious, the court may, at its discretion, award damages. Article 79. (1) Any person who gives authoriza­ tions on behalf of performers without being a duly appointed representative, or any person who know­ ingly proceeds under such an unlawful authorization, shall be guillty of a criminal offense punishabie by a fine of 10,000 to 20,000 sylis. (2) Any person who fails to affix the notice pro­ vided for in Article 69 on copies of published phono­ grams or on their containers shall be liable to a fine not exceeding 10,000 sylis. CHAPTER IX Field of Application of Title II Article 80. Protection of performers under this Title is available where: (i) .the performer is a national of the Revolutio­ nary People's Republic of Guinea; {ii) the performan ce took place on the territory of the Revolution ary People's Republic of Guinea; (iii) the performanoe is fixed in a phonogram quali­ fying for protection under Article 81; (iv) the performance, which has not been fixed in a phonogram, is embodied in a broadcast qualifying for protection under Article 82. Article 81. Protection of phonogram s under this Title is available where: (i) the producer is a national of the Revolutionary People's Republic of Guinea; (ii) the first fixation of the sound was made in the Revolution ary People's Republic of Guinea; (iii) the phonogram was first published in the Revolutionary People's Republic of Guinea. Article 82. Protection of broadcasts under this Title is available where: (i) the headquart ers of the organization is situated in the Revolutionary People's Republic of Guinea; (ii) the broadcast was transmitte d from a transmit­ ter situated in the Revolutionary People's Republic of Guinea. Article 83. This Title shall also apply to perfor­ mers who, and to phonograms and broadcasts which, are to be protected by virtue of the internatio­ nal conventions to which the Revolutionary People's Republic of Guinea is party. ArNcle 84. Nothing in this Title shall prejudice the right of persons or legal entities to use, in accor­ dance with the requirements ·of this Law, fixations or reproductions made in good faith before the date of its coming into force. Article 85. The provisions of this Title on the protection of performers, producers of phonogram s and broadcastm g organizations shall in no way be interpreted to limit or prejudice the proteotion other­ wise secured to authors or to any person or legal entity under 'I1it1e I of this Law or under any inter­ national agreement to which the Revolutio nary People's Republic of Guinea is party. FINAL PROVISIO NS Article 86. All earlier provisions contrary to the provisions of this Law are repealed. Article 87. This Law !Shall be registered and pub­ lished in the Official Journal of the Republic.

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