Copyrights Law in Guinea-Bissau
Here is an overview of Copyright Law in Guinea-Bissau:
📚 Copyright Law in Guinea-Bissau
Guinea-Bissau’s copyright system is governed through its membership in the African Intellectual Property Organization (OAPI), which provides a unified legal framework for copyright and related rights across its member states.
1. Legal Framework
Governing Agreement: Bangui Agreement (revised in 1999 and 2015), which serves as the legal foundation for copyright law in all OAPI member states, including Guinea-Bissau.
Administering Authority:
OAPI (based in Cameroon) manages registration, policy, and enforcement support.
National courts of Guinea-Bissau handle enforcement locally.
Guinea-Bissau is also a signatory to several international treaties via OAPI or directly, such as:
Berne Convention,
Rome Convention,
WIPO Copyright Treaty (WCT),
TRIPS Agreement (through WTO membership).
2. Protected Works
The law protects original intellectual creations in a tangible form, including:
Literary works (books, articles, software),
Musical compositions,
Audiovisual works (films, videos),
Artistic works (photography, paintings),
Architectural designs,
Databases (if original),
Performances, phonograms, and broadcasts (related rights).
3. Rights Granted
Economic Rights: Reproduction, distribution, public performance, communication to the public, broadcasting, translation, and adaptation.
Moral Rights: Right to claim authorship and to object to any distortion or mutilation of the work.
4. Duration of Protection
| Type of Work | Duration |
|---|---|
| Literary and artistic works | Life of the author + 50 years |
| Audiovisual works and photographs | 50 years from publication |
| Related rights (performers, producers, broadcasters) | 50 years from performance/publication |
5. Exceptions and Limitations
Permitted uses include:
Private use,
Educational and teaching purposes,
News reporting,
Quotation for criticism or review,
Libraries and archives,
Access for persons with disabilities.
All exceptions must not conflict with normal exploitation of the work or unreasonably prejudice the rights of the author.
6. Registration
Registration is optional and not required for protection.
Authors may register their works with OAPI to serve as evidence in case of disputes.
7. Enforcement
Civil and criminal remedies are available through local courts.
Remedies may include injunctions, damages, fines, and seizure of infringing goods.
OAPI can assist with cross-border issues and enforcement coordination among member states.
8. International Treaties
Guinea-Bissau benefits from OAPI’s participation in:
Berne Convention,
Rome Convention,
WIPO Copyright Treaty (WCT),
TRIPS Agreement.
✅ Summary Table
| Aspect | Details |
|---|---|
| Law | Bangui Agreement (via OAPI) |
| Protected Works | Literary, musical, audiovisual, software, etc. |
| Duration | Life of author + 50 years |
| Registration | Optional (with OAPI) |
| Rights | Economic and moral rights |
| Enforcement | Local courts with OAPI support |
| International Treaties | Berne, WIPO, TRIPS, Rome Convention |
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