202 COPYRIGH T- JUNE 1981 reproduction on the territory of the Revolu­ tionary People's Republic of Guinea; (ii) the reproduction and publication in printed or analogous forms of reproduction on the terri­ tory of the Revolutionary People's Republic of Guinea of foreign works already lawfully made available to the public; such licenses may not be granted, however, for the publication of literary or scientific works of which a French edition is 'available abmad unless such publi­ cation on the national territory affords good conditions for the desired dissemination. Article 16. In the cases provided for in Article 15, there must be no derogation from the rights conferred on the author by Article 3 above. Further­ more, the author shall have the right to equitable remuneration which, failing amicable agreement, shall be ·determined by the Minister for Higher Education and Scientific Research, whose decision may be referred to the court competent under Arti­ cle 50 below. CHAPTER III Transfer of Copyright Article 17. With the exception of the right to modify the work, copyright as defined in Article 3 shall be transferable by inheritance. The moral rights shall be exercised jointly by the S'llccessors •and the BGDA. The right of disclosure of posthumous works shall be exercised during their lifetime by the executors designated by the author. In the absence of executors or after their death, and unless otherwise willed by the author, this right shall be exercised in the follow­ ing order: by the descendants, by the spouse or spouses against whom there exists no final judgment of separation or who have not remarried, by succes­ sors other than descendants who inherit all or part of the estate and by the universal legatees or donees of the entirety of future assets. This right may be exercised even after expiry of the exclusive right of exploitation specified in Arti­ cle 42. In the event of manifest abuse in the exercise or non-exercise of the right of disclosure on the part of the deceased author's representatives referred to in the !Second paragraph of this Article, the civil court may order any appropriate measure. The same shall apply if there is conflict between the said represen­ tatives or if there is no known successor in title, no claimant and no heir. The maMer may be referred ·to the court in parti­ cular by the Minister for Higher Education and Scientific Research. Escheated ·economic rights of authors shall accrue to the BGDA, and royalty revenue deriving therefrom shall be used for cultural and social purposes, without prejudice to the rights of creditors and to the honor­ ing of such ass~gnment contracts as may have been concluded by the author or his successors in title. Article 18. The total or partial assignment of any one of the rights specified in Article 3 above shall not imply assignment of any one of the other rights. Where a contract entails total assignment of one of the rights, the scope of the assignment shall be limited to the methods of exploitation provided for in the contract. Arvicle 19. The transfer of ownership of the sole copy or of one or more copies of a work shall not imply transfer of the copyright in the work. In the case of manifest abuse on the part of the owner preventing exercise of the right of disclosure, the civil court may take any appropriate measure in accordance with the provisions of Article 17. Article 20. A clause assigning the right to exploit a work in a manner which is unforeseen or unfo­ reseeable on the date of the contract shall be explicit and shall stipulate a corresponding participation in the profits derived from exploitation. Article 21. Total assignment of future works shall ·be null and void. However, it shall be lawful to conclude a contract commissioning three-dimen­ sional or graphic works that grants temporary exclu­ sive r1ghts for a period not exceeding five years, subject to respect for the independence and freedom of expression of the author. Article 22. Unless otherwise specified, the au­ thorization to broadcast the work shall cover all free communications made using its own facilities and on its own responsibility by the Radio and Television Broadcasting Office of the Revolutionary People's Republic of Guinea. Pursuant to A11ticle 3(b)(ii), this 'authorization shall not extend to 1he communication of broadcasts made in places open to the public or to any trans­ missions made by third parties by wire or wireless. Article 23. Rights of performance, reproduction, adaptation and translation shall be assignable for a consideration or free of charge. The author's assign­ ment of his rights in his work may be total or partial. It shall confer on the author a proportiona te partici­ pation in any proceeds from sale or exploitation. However, the remuneratio n of the author may be calculated as a lump sum under the following circum­ stances: (i) a basis for calculating the proportiona te parti­ cipation cannot be determined practically;