e24702_SN004 Translated from French 2 Explanatory statement The preliminary draft submitted to you takes an entirely original approach that has few precedents in the world and for which support has been expressed by all those involved in the Senegalese cultural world, who have become aware that the potential of cultural industries can be realized only within a secure legal environment that is conducive to the blossoming of creativity and the promotion of vital investment. This preliminary draft embodies three basic ideas: (1). First, Law No. 73-52 of December 4, 1973, which currently governs copyright, remains relevant in many respects. For this reason, a number of its provisions are found in the new text. (2). Second, in order to comply with its international obligations, Senegal must bring its laws into line with certain conventions. In chronological order, these are the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of October 26, 1961; the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement - the intellectual-property-related annex to the Marrakesh Agreement Establishing the World Trade Organization of April 14, 1994); and the two World Intellectual Property Organization (WIPO) treaties of December 20, 1996 known as the Internet Treaties. Two sets of provisions have arisen from the aforementioned aim. First, the text is novel in that it introduces into Senegalese law the protection of neighboring rights to copyright that are afforded to those that assist in literary and artistic creation, namely performers, producers of phonograms and broadcasting organizations. It also includes some very important provisions, based essentially on the TRIPS Agreement, and relating to procedures and penalties, the purpose of which is to provide Senegal with a mechanism for effective prevention of the scourge of counterfeiting, in particular through the establishment of more severe penalties. (3). The third central tenet of the preliminary draft is the personalized focus of the protection of authors and performers. In contrast to the philosophy underlying AngloAmerican copyright, the interested parties are placed at the center of the legislation through a clear statement that they are the source of the intangible wealth which various users will then enjoy. Hence the choice to enshrine the rights of employed authors and officials; to relinquish the category of collective work, which, by granting rights to a legal entity, is incompatible with the personalized approach; to confirm the existence of strong and perpetual moral rights; to provide a broad and synthesized definition of the economic prerogatives granted to the various rights owners (eliminating any doubt as to whether such a definition includes digital exploitation); and to elaborate a contract law that can compensate for the financially disadvantaged position of authors and performers in comparison with those who exploit their work. This principled position, however, does not prevent consideration of the legitimate claims of those who, through their investment, make it possible to create this cultural wealth. Thus the employer benefits, in accordance with the company's needs, from a presumption of assignment of the rights in