COPYRIGHT - MARCH 1992 Sanctions Article 32.(1) The-offenses referred to in the preceding Articles shall be punishable by imprison­ ment together with a fine of up to 100,000 Kz, (2) Simple negligence shall be punishable by a fine of up to 100,000 Kz. Infringement of moral rights Article 33. Shall be liable to the penalties laid down in the preceding Article: . (a) anyone who fraudulently claims authorship of a literary, artistic or scientific work; (b) anyone who fraudulently prejudices the au­ thenticity or integrity of a work by an act which denatures the work and which is lia­ ble to tarnish the honor or reputation of the author or of-the artist. Use ofa usurped or infringing work Article 34. Anyone who sells, puts up for sale, exports or distributes to the public by any means a usurped or infringing work shall be liable to the sanctions laid down in Article 32. Criminal procedure Article 35. (1) The offenses laid down in this Law shall be subject to criminal prosecution irre­ spective of any complaint filed by the injured party, except where the infringement consists exclusively in a violation of moral rights. (2) In the case of works in the public domain, the complaint must be filed by the State Secretariat for Culture. Civil liability Article 36. Any civil liability proceedings con­ LAWS AND TREATIES (2) The court may also order seizure of revenue from any act constituting an infringement of the provisions of this Law, together with the equipment serving to carry out the act concerned. Proofofinfringement Article 38. The courts shall admit reports drawn up in accordance with the Code of Criminal Proce­ dure by police officials or officials of the State Secretariat for Culture or by sworn agents of the body referred to in Article 39. CHAPTER VIII Final Provisions Administration ofrights Article 39. (1) The administration of the rights referred to in Article 17 and the defense of the moral rights referred to in Article 18 may be en­ trusted to a body of authors which, as the represen­ tative of those authors and in their name, shall be competent to grant the necessary authorizations for the use and exploitation of the works, to collect the corresponding royalties and to distribute them be­ tween the right owners, to supervise application of the Law,to ascertain infringements of the Law and to request the courts to take appropriate measures. (2) Special legislation shall lay down the struc­ ture, composition and operation of such body which may conclude representation contracts with corresponding foreign bodies through which the rights of their members will be exercised on the ter­ ritory of the People's Republic of Angola and those of Angolan authors, in the country concerned. Implementing rules cerning the violation of the rights laid down in this Law shall be independent of the criminal proceed­ ings of which they are the origin; however, they may be conducted parallel to the criminal proceed­ ings. Article 40. The Council of Ministers will pro­ mulgate implementing rules to this Law within a period of 180 days. Up to publication of those rules, the State Secretariat for Culture shall be com­ petent to take the decisions necessary for its proper execution. Repression ofillegal activities Decisions in cases ofdoubt Article 37. (1) At the request of the author whose rights have been infringed or are likely to be infringed, the court will order the seizure of the copies that constitute the unlawful reproduction of the work together with suspension of the manufac­ ture or use of the work, in any form whatsoever, where such is not authorized. Article 41. Where there is a doubt as to the interpretation and application of this Law, it shall be for the Council of Ministers to take a decision. AO Repeal oflegislation Article 42. All legislative provisions contrary to this Law shall be repealed. ANGOLA - Text 1-01, page 7

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