Copyrights Law in Guinea
Guinea's copyright law is primarily governed by Law No. 043/APN/CP, adopted on August 9, 1980, which outlines provisions related to copyright and neighboring rights. This law provides protection for various types of creative works, including literary, artistic, and scientific creations.
📘 Key Provisions of Guinea's Copyright Law
1. Automatic Protection
Copyright protection in Guinea is automatic upon the creation of an original work. There is no requirement for formal registration; however, registering a work can provide legal advantages in case of disputes.(Generis Global Legal Services)
2. Protected Works
The law protects a wide range of works, including:
Literary works (e.g., books, articles, computer programs)
Dramatic and dramatico-musical works
Musical compositions
Choreographic works and pantomimes
Audiovisual works
Works of fine art (e.g., paintings, sculptures, engravings)
Photographic works
Works of applied art
Illustrations, maps, plans, sketches, and three-dimensional works
Expressions of folklore and works inspired by folklore
These works are protected as long as they are original intellectual creations in the literary, artistic, and scientific fields.
3. Duration of Protection
The duration of copyright protection varies depending on the type of work:
Literary, artistic, and scientific works: Protection lasts for the lifetime of the author plus 70 years after their death.
Anonymous or pseudonymous works: Protection lasts for 70 years from the date of publication.
Cinematographic works: Protection lasts for 70 years from the date of publication.
Photographic works and works of applied art: Protection lasts for 40 years from the end of the year of the author's death.
4. Moral Rights
Authors in Guinea enjoy moral rights, which include:
The right to attribution (the right to be identified as the author of a work).
The right to object to derogatory treatment of the work that may prejudice the author's honour or reputation.
5. Economic Rights
Economic rights allow authors to control the use of their works and include:
The right to reproduction.
The right to distribution.
The right to public performance.
The right to adaptation
These rights can be transferred or licensed to others.
6. Protection of Folklore
Expressions of folklore are considered part of the national heritage. Any public performance or fixation of folklore for commercial purposes requires prior authorization from the Guinean Copyright Office (BGDA), which may involve payment of a fee.
7. Public Domain and Payment
Once the term of protection expires, works fall into the public domain. Exploitation of works in the public domain is subject to respect for moral rights, prior declaration, and payment of a fee to the BGDA. The proceeds are used for cultural and social purposes benefiting authors.
🌐 International Treaties
Guinea is a member of several international treaties that facilitate the protection of copyrighted works across borders:
Berne Convention for the Protection of Literary and Artistic Works: Provides automatic copyright protection in all member countries.
World Trade Organization (WTO): Establishes minimum standards for the regulation of different forms of intellectual property.
WIPO Copyright Treaty (WCT): Addresses copyright issues in the digital environment.
WIPO Performances and Phonograms Treaty (WPPT): Deals with the rights of performers and producers of phonograms in the digital environment.
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled: Makes the production and international transfer of specially adapted books for people with blindness or visual impairments easier.
🛡️ Enforcement and Protection
While Guinea does not have a formal copyright registry, copyright holders can enforce their rights through civil litigation in the local courts. The Guinean Copyright Office (BGDA) is responsible for overseeing copyright matters and can assist in the enforcement of rights.
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