Copyrights Law in Niger
Here's a detailed overview of Copyright Law in Niger:
Copyright Law in Niger
Niger, a member of the African Intellectual Property Organization (OAPI), follows a unified copyright law applicable to all OAPI member states. This means Niger’s copyright protection is governed mainly by OAPI regulations, alongside its national provisions aligned with international treaties.
Legal Framework
Primary Legislation:
Niger is governed by the Bangui Agreement (1977, revised 1999), the regional copyright law established by OAPI (Organisation Africaine de la Propriété Intellectuelle).
This agreement provides the framework for the protection of literary and artistic works in all OAPI member states, including Niger.
International Treaties:
Berne Convention for the Protection of Literary and Artistic Works (via OAPI).
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
WIPO Treaties.
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.
Works Protected
The Bangui Agreement protects original works such as:
Literary works: books, articles, computer software.
Artistic works: paintings, sculptures, drawings.
Musical works, including lyrics.
Cinematographic and audiovisual works.
Dramatic, choreographic, and pantomime works.
Photographs, architectural works, and applied arts.
Sound recordings and broadcasts.
Rights Granted
Economic Rights:
Reproduction.
Distribution.
Public performance and communication to the public.
Adaptation, translation, and arrangement.
Moral Rights:
Right to claim authorship.
Right to object to modifications prejudicial to the author's honor or reputation.
Duration of Protection
Protection lasts for 50 years after the death of the author.
For joint works, 50 years after the death of the last surviving author.
For anonymous or pseudonymous works: 50 years from the date of publication.
For cinematographic works: 50 years from the first publication or broadcast.
For sound recordings and broadcasts: 50 years from fixation or broadcast.
Limitations and Exceptions
Limited exceptions exist for private use, educational purposes, and quotations.
Exceptions must not conflict with normal exploitation or unduly prejudice the author’s rights.
Enforcement
Enforcement is coordinated at the OAPI level and through Niger’s judicial system.
Remedies for infringement include:
Civil remedies (injunctions, damages).
Criminal penalties (fines and imprisonment).
The OAPI Intellectual Property Court also hears cases related to copyright disputes among member states.
Administration
Copyright registration is not mandatory but can be done through OAPI for evidentiary purposes.
OAPI oversees collective management of rights and provides support to member states including Niger.
Summary
Niger’s copyright protection is part of a regional framework under OAPI.
It offers protection consistent with international standards, with 50-year terms post-author’s death.
Moral and economic rights are recognized and protected.
Enforcement mechanisms are both national and regional.
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