NATIONAL LEGISLATION unless criminal proceedings are in progress; they may be withdrawn at any time by the president of the court in a summary proceeding or by the civil court hearing the main issue, in accordance with the condi­ tions provided for in the second paragraph of this Article, where appropriate. Article 53. Evidence of violations of the provi­ sions on the protection of copyright may be obtained either from the reports of police officers or from the statements of sworn agents of the BGDA. Article 54. In the case of violation of the provi­ sions of Article 24, the acquirer and the ministerial officials may be jointly condemned to pay damages to the beneficiaries of the droit de suite. CHAPTER XI Field of Application of Title I Article 55. The p.rovisions of this Title shall apply to current contracts whose execution shall con­ tinue until the expiry date agreed upon at the time of their conclusion. Article 56. This Title shall apply: (a) to the works of nationals of Guinea; (b) to :the works of fmeign nationals the first pub­ lication of which took place in Guinea; (c) 'io works of ·architecture erected on the terri­ tory of the Revolutionary People's Republic of Guinea and any work of art incorporated in a building located on that territory. Works that do not fall into any of the categories referred to above shall enjoy protection under this Law only if the country of which the original owner of the copyright is a national or resident affords equivalent protection to the works of nationals of Guinea. No derogatory action may, however, be un­ dertaken with respect to the integrity or authorship of such works. Royalties shall be paid to the BGDA. The countries for which the reciprocity condition provided for in the second paragraph above is deemed fulfilled shall be decided jointly by the Min­ istry of Higher Education and Scientific Research and by the Ministry of Foreign Affairs. CHAPTER XII Production Bonus Article 57. The Revolutionary People's Republic of Guinea, (1) moved by the desire to encourage creative activity and promote the protection of intellectual property, (2) resolved to render effective the administration of management bodies that have been and may yet be created in the field of literary and artistic property and · 207 (3) determined to derive the maximum benefit from the wide experience of WIPO in the promotion of intellectual works under the protection of intellec­ tual property, without prejudice to the rights of the author as specified in Article 3 of this Law, hereby introduces the following: (i) a literary production bonus to encourage cre­ ative activity on the part of the authors referred to in Articles 4 and 8 above; (ii) a ibonus for the correction of this literary and artistic production; (iii) a literary competition with a range of prizes. Article 58. The procedure for the application of the provisions of Chapter XII will be laid down by decree of the President of the Republic. Article 59. Authms whose works were pub­ lished prior to this Law shall be fully eligible for the literary production bonus provided for in Article 57(i). TITLE II Neighboring Rights CHAPTER I Definitions Article 60. For the purposes of this Title: (i) "performers" means actors, singers, musicians, dancers and other persons who act, sing, deli­ ver, declaim, play in or otherwise perform in­ tellectual works as referred to in Article 1, and expressions of folklore; (ii) "duplicate of a phonogram" means any article which contains sounds taken directly or indi­ rectly from a phonogram and which embodies all or a substantial part of the sounds fixed in that phonogram; (iii) "distribution to the public" means any act by which duplicates of a phonogram are offered, directly or indirectly, to the general public or any section thereof. (iv) "fixation" means the embodiment of sounds, images or both in a material form sufficiently permanent or stable to permit them to be per­ ceived, reproduced or otherwise communicated during a period of more than transitory dura­ tion; (v) "phonogram" means any exclusively aural fixation of sounds of a performance or of other sounds; (vi) "producer of phonograms" means the person who, or the legal entity which, first fixes the sounds of a performance or other sounds; (vii) "publication of a phonogram" means the offering of copies of a phonogram to the public in reasonable quantity;

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