COPYRIGHT- SEPTEMBER 1990 national ethnic communities, passed from generation to generation, which form one of the fundamental elements of the national traditional cultural heritage; -"work inspired by folklore" shall mean any work composed of elements borrowed from the traditional Gabonese cultural heritage. Article 7. Works of national folklore shall be protected without limitation in time. Article 8. The right of exploitation of folklore shall be administered by the National Artistic and Cultural Promotion Agency (ANPAC). The adaptation of folklore or the utilization of elements borrowed from folklore must be declared to the National Artistic and Cultural Promotion Agency (ANPAC). The public performance and reproduction of folklore with a view to exploitation for profit-making purposes shall require authorization from that body. Such authorization shall be granted against payment of a royalty, the proceeds of which shall be used for cultural and welfare purposes for the benefit of the authors. The amount of such royalty shall be determined according to the regulations in force, as a function of the conditions customary for protected works in the same category. Copies of works of national folklore and copies of translations, adaptations, arrangements and other transformations of such works, manufactured abroad without ANPAC's authorization, may be neither imported nor distributed. Article 9. The title of a work of the mind shall enjoy the same protection as the work itself if it is original in character. Even if the work is no longer protected under Articles 34, 35 and 61 of this Law, no one may use this title to identify a work of the same kind if such use is liable to mislead. Article 10. For the purposes of this Law - "original work" shall mean a work whose characteristic elements and whose form, or whose form alone, enable its author to be distinguished, that is to say that it has in no way been inspired by a prior creation; -"derived work" shall mean a work whose creation results from the contributions of a number of natural persons. Such a work may be the result of relative collaboration where the individual contribution of each author can be clearly identified, or of absolute collaboration where the individual con- GABON- Text 1-01 , page 2 LAWS AND TREATIES tribution of each author can no longer be distinguished in the overall work created jointly; -"composite work" shall mean a new work in which a preexisting work or elements of a preexisting work are incorporated without the collaboration of the author of that latter work; -"collective work" shall mean a work created on the initiative of a natural or legal person who edits it, publishes it and discloses it under his direction and name, and in which the personal contributions of the various authors who participated in its development are merged in the overall work for which they were conceived, so that it is impossible to attribute to each author a separate right in the work as created; -"posthumous work" shall mean a work made available to the public after the death of the author; -"audiovisual work" shall mean a television, cinematographic, radio or videographic work or any other work expressed by analogous processes. Article 11. Notwithstanding the provisions of Articles 2 to 5 above, protection shall not apply: -to laws and regulations and officially published preparatory work therefor, decisions of the courts and of administrative bodies and official translations of such texts; -the news of the day published, diffused or communicated to the public. Article 12. A work shall be considered created, irrespective of any public disclosure, by the mere fact of the author's conception and of its realization, even incomplete. Article 13. Authorship of a work shall belong, save proofto the contrary, to that person or persons under whose name or pseudonym the work is disclosed. Article 14. A work of collaboration shall belong jointly to the coauthors. The coauthors must exercise their rights by common accord. In the case of disagreement, the competent jurisdiction shall decide. Where the participation of each of the coauthors is of a different kind, each shall be entitled, in the absence of agreement to the contrary, to oppose exploitation of the joint work. Article 15. The authors of pseudonymous or anonymous works shall enjoy in such works the rights afforded by Article 2 above. They shall be GA . ·: