NATIONAL LEGISLATIO N without prejudice to the rights of the author of the original work as defined in Article 3 above. The same shall apply to the authors of anthologies or collections of works which, by reason of the choice and arrangement of their contents, constitute intellec­ tual creations. Article 9. Folklore shall belong in the first in­ stance to the national heritage. For the purposes of this Law: (1) "Folklore" means all literary and artistic creations made by authors presumed to be of Guinean nationality, passed from generation to generation and constituting one of the basic elements of the traditional Guinean cultural heritage. (2) "Work derived from folklore" means any work composed exclusively of elements borrowed from the traditional Guinean cultural heritage. The public performance or direct or indirect fixation of folklore with a view to its exploitation for profit-makin g purposes shall require the prior autho­ rization of the BGDA (Guinean Copyright Office), obtainable against payment of a fee, the amount of which shall be determined under the conditions cus­ tomary in each of the categories of creation con­ cerned. The fees payable in connection with the compi­ lation of a work of folklore shall be distributed as follows: (i) compilation without arrangement or personal contribution: 50 Oj 0 to the person who made the compilation; 50 Oj 0 to the BGDA; (ii) compilation with arrangement or adaptation: 75 Ofo to the author; 25 °I 0 to the BDGA. The proceeds from the above fees shall be man­ aged by the BGDA and used for cultural and social purposes for the benefits of authors. CHAPTER II 201 course of a religious service, m premises reserved for that purpose; (ii) reproductions, translations and adaptations intended for strictly personal and private use; (iii) parodies, pastiches and caricatures, with due regard for the laws governing that type of work. Article 11. It shall be lawful, provided that the title of the work and the name of its author are mentioned, to make analyses of and short quotations from a work that has already been lawfully made available to the public, provided that this is compat­ ible with fair practice and justified by the scientific, critical, polemic, educational or informatory purpose, including quotations from newspaper articles and periodicals in the form of press summaries. Such quotations and analyses may be used in their original form or in translation. Article 12. Subject to the mention of the name of the author and of the source, the following may be reproduced in the press or broadcast for informa­ tion purposes, unless the right of reproduction has been expressly reserved: articles on current political, social! and economic topics, published in their original form or in trans1ation; speeches intended for the public and delivered at political, judici•al, administrative and religious assemblies, and at public meetings of political chamoter and officiarl ceremonies. Article 13. It shall be lawful, to the extent jus­ tified by the informatory purpose, to record, repro­ duce and communicate to the public literary, scien­ tific or artistic works that may be seen or heard in the reporting of current events by means of photography , cinematography, or sound or visual broadcasting. Article 14. It shall be lawful to reproduce in a film or in a television broadcast and to communicat e to the public works of figurative art permanently located in a public place, or whose inclusion in the film or broadcast is only by way of background or is incidental to the essential matters represented. Limitations on Copyright Permanent Limitations Exceptional Limitations Article 10. Where the work has been lawfully made available to the public, the author may not prohibit: (i) communications such as performance or broadcasting, (a) if they are private, take place exclusively within a family circle and do not give rise to receipts of any kind; (b) if they take place free of charge for strictly educational or scholastic purposes or in the Article 15. Subject to, and under the conditions specified in, the Appendix to the Paris Act (1971) of the Berne Convention for the Protection of Liter­ ary and Artistic Works, licenses may be granted by the Minister for Higher Education and Scientific Research to any natural person or legal entity re­ siding on the territory of the Revolutiona ry People's Republic of Guinea for: (i) the translation of foreign works already law­ fully made available to the public and their publication in printed or analogous forms of

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