206 COPYRIGHT - JUNE 1981 CHAPTER VIII Domaine Public Payant Article 45. On expiry of the terms of protection referred to in Articles 42 and 43, during which are­ cognized exclusive right belongs to authors, their heirs or successors in title, the works of the author shall fall into the public domain. Exploitation of works in the public domain shall be subject to: - respect for moral ·rights; - prior declaration; - payment of a fee, the product of which shall be paid to the BGDA and used for cultural and social purposes for the benefit of authors. The right of exploitation or performance of works in the public domain shall be administered by the BGDA. The rate of the fee shall be specified by the Ministry of Higher Education and Scientific Research, and may not exceed 50 Ofo of the rate of collection by virtue of the copyright during the period of protection. CHAPTER IX Exercise of Copyright Article 46. The administration of the rights and the defense of the material and moral interests of cre­ ators of intellectual works, as defined in Title I of this Law, shall be entrusted to a body called the Bureau guineen du droit d' auteur [Guinean Copyright Office] (BGDA), the tasks, organization and operation of which shall be laid down by decree. The BGDA shall have the status of a public institution of professional character; it shall be under the authority of the Ministry of Higher Education and Scientific Research. The BGDA shall be entitled, to the exclusion of any other natural person or legal entity, to act as intermediary between the author and his successors in title and the users of literary or artistic works, for the issue of authorizations and for the collection and distribution of the royalties payable for rights as specified in this Law. The BGDA shall represent the interests of the various foreign authors' offices or societies on the national territory under such conventions or agree­ ments as it may have entered into with them. CHAPTER X Procedure and Sanctions Article 47. The BGDA shall be entitled to be party to legal proceedings in the defense of the interests entrusted to it, notably in all disputes di­ recly or indirectly concerning the reproduction or communication to the public of works protected under the provisions of this Law. Article 48. The user of a work of folklore or of the right of performance of a work in the public domain who fails to make the appropriate prior declaration to the BGDA shall be liable to a fine amounting to twice the amount of the royalties nor­ mally payable, but not less than 500 sylis. Article 49. It shall be prohibited and shall con­ stitute an act of infringement to import into the terri­ tory of the Revolutionary People's Republic of Gui­ nea any rep:roduction of a work made in violation of the provisions of this Law. Article 50. At the request of any author of a work protected by this Law, his successors in title or the BGDA, the examining magistrate to whom the infringement has been referred or the president of the court in all cases, including when the interests of the author risk imminent violation, shall be em­ powered, subject to security where appropriate, to order the seizure in any place, and even at hours not provided for in the law in force, of copies of an unlawfully reproduced work that have been or are being manufactured, of unlawfully used copies and of the p:roceeds of any unlawful reproduction, performance or dissemination of a protected work. He may also order the cessation of any manu­ facture or public performance, either in progress or announced, that constitutes an infringement or an act preparatory to infringement. The provisions of this Article shall be applicable in the case of irregular exploitation of folklore or by reason of performance of a work in the public domain. Article 51. Where the proceeds from exploitation due to the author of an intellectual work are the subject of a seizure, the president of the court may order payment to the author, as maintenance, of a specified sum or proportion of the amounts seized. Article 52. The measures ordered by the exam­ ining magistrate under Article 50 shall be withdrawn automatically in the event of a non-suit or nolle prosequi order. They may be withdrawn at any time by the exam­ ining magistrate or by the criminal jurisdiction, on condition, where appropriate, that security is given or a receiver is appointed to resume the manufacture or the public performances and to hold· the proceeds from the exploitation of the work on behalf of the owner to be determined. The measures ordered by the president of the court shall be withdrawn automatically on the 30th day following the decision if the plaintiff fails to refer the matter to the competent civil court,