Copyrights Law in Congo
The Republic of the Congo (Congo-Brazzaville) protects copyright under Law No. 24/82 of July 7, 1982, titled Law on Copyright and Neighboring Rights. This legislation aligns with regional and international standards, including the Berne Convention and the Bangui Agreement, ensuring comprehensive protection for creative works.
📜 Legal Framework
National Law: Law No. 24/82 of July 7, 1982 governs copyright and neighboring rights in the Republic of the Congo. It provides protection for a wide range of literary, artistic, and scientific works. The law also includes provisions for the protection of traditional cultural expressions
Regional Law: As a member of the African Intellectual Property Organization (AIPO), established under the Bangui Agreement, the Republic of the Congo participates in a unified copyright system enforceable across all member states. This system ensures that copyright protection is consistent and effective throughout the region.
International Treaties: The Republic of the Congo is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, which establishes minimum standards of protection for authors and ensures mutual recognition of copyright among member countries.
📚 Subject Matter Eligible for Protection
Under Law No. 24/82, the following works are eligible for copyright protection:
Written works, including computer programs
Oral works, such as lectures, addresses, and sermons
Musical works, with or without accompanying words
Dramatic and dramatico-musical works
Choreographic and mimed works
Audiovisual works
Works of fine art, including drawings, paintings, sculptures, engravings, and lithographs
Architectural works
Photographic works
Applied art works
Illustrations, maps, plans, sketches, and three-dimensional works related to geography, topography, architecture, or science
Traditional cultural expressions
Additionally, translations, adaptations, arrangements, and other transformations of works and expressions of folklore are also protected. Collections of works or data, such as encyclopedias and anthologies, are protected if they constitute original creations due to the selection, coordination, or arrangement of their contents.
⏳ Duration of Protection
The duration of copyright protection in the Republic of the Congo varies based on the type of work:
General Rule: The copyright lasts for the lifetime of the author plus 50 years after their death.
Works of Joint Authorship: The duration is calculated from the lifetime of the last surviving author plus 50 years.
Anonymous and Pseudonymous Works: Protection lasts for 50 years from the end of the calendar year of publication or, if not published, 50 years from the making of the work.
Collective Works: Protection lasts for 50 years from the end of the calendar year of publication or, if not published, 50 years from the making of the work.
Posthumous Works: Protection lasts for 50 years from the date of publication.
Applied Art Works: Protection lasts for 25 years from the making of the work.
Upon expiry of the protection term, the work falls into the public domain. However, the right of exploitation of works in the public domain is administered by the professional body of authors, and public performance or reproduction for profit-making purposes requires authorization against payment of a royalty. The revenue from such royalties is devoted to cultural and social ends for the benefit of Congolese authors.
⚖️ Limitations and Exceptions
The 1982 law outlines specific exceptions to copyright protection, which include:
Private and Gratuitous Representations: Made exclusively within the family circle.
Private Copies: Reproductions strictly reserved for the private use of the copier and not intended for collective use.
Analyses and Short Quotations: Justified by the critical, polemical, educational, scientific, or informative nature of the work in which they are incorporated.
Press Reviews: Dissemination of news via the press or radio.
Parody, Pastiche, and Caricature: Use of works in a manner that is transformative and humorous.
These exceptions are more limited compared to the fair use or fair dealing models found in some other jurisdictions, which may restrict the lawful use of copyrighted works by others.
🏛️ Enforcement and Administration
In the Republic of the Congo, copyright matters are overseen by the Ministry of Culture and Arts, which is responsible for cultural affairs and the enforcement of copyright laws. The Congolese Copyright Office (OCC) handles administrative functions related to copyright registration and protection.
🌐 International Treaties
The Republic of the Congo is a member of several international treaties related to copyright:
Berne Convention for the Protection of Literary and Artistic Works: Comoros has been a member since April 17, 2005, ensuring international recognition of its copyright protections.
WIPO Copyright Treaty (WCT): Comoros acceded to the WCT on January 25, 2021, with the treaty entering into force on April 25, 2021.
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