a. Definition of copyright
Copyright is the right that protects literary and artistic works such as writings, musical works, works of art (painting, sculpture), etc.
All national legislations [1] on copyright give a non-exhaustive list of works protected in both their original and derivative forms, thus reproducing the enumeration in Article 2 of the Berne Convention for the Protection of Literary and Artistic Works.
The term "primary form" refers to: literary works, including computer programs, musical compositions with or without lyrics, audiovisual works, etc.
The derivative form results from works that are derived from other works that precede them: translations, adaptations, collections of works, etc.
It should be noted that copyright protects works, that is, the expression of a concept, and not ideas [2] . Works are protected by the mere fact of their creation, regardless of their merit or intended use. No registration is required, unlike in the case of industrial property.
The Revised Bangui Agreement also includes provisions relating to copyright, which are contained in Annex VII dealing with literary and artistic property[3].
b. Copyright holders
A distinction must be made between original holders and derivative holders.
The original holders
- The author is the natural person who created a literary or artistic work.
However, the author varies depending on the type of work.
- A collaborative work is a work to the creation of which two or more authors have contributed.
It is important to note, however, that each co-author must have an original creative role. Here, all authors are the primary copyright holders. Example: An encyclopedia.
- A composite work is a new work that incorporates a pre-existing work and is created without the collaboration but with the agreement of the original author. The author of a composite work is the first holder of the copyright to it, subject to respecting the copyright of the pre-existing work.
- A commissioned work is a work created on behalf of a natural or legal person, known as the commissioning party, whether or not they receive payment. The author is the initial copyright holder. However, the economic rights are transferred to the commissioning party by contractual provisions. Example: The Guide for Magistrates and Court Officials.
- A collective work is a work created by several authors at the initiative and under the responsibility of a natural or legal person who publishes it under their name. In this case, the first copyright holder is the person who initiated the project.
The successive holders
These are individuals whose rights derive not directly from the law, but from the original holders, through a unilateral or bilateral legal act. Examples: assignee, legatee, etc.
[1] See, for example, Article 5 of Law No. 032-99/AN of 22 December 1999 on the protection of literary and artistic property in Burkina Faso; Article 8 of Law No. 2005-30 of 10 April 2006 on the protection of copyright and related rights in the Republic of Benin; Articles 3 et seq. of Law No. 2000/11 of 19 December 2000 on copyright and related rights in Cameroon; Article 6 of Law No. 2008-09 of 25 January 2008 on copyright and related rights in Senegal.
[2]Cass. 1st Civ . Ch., May 25, 1992, Boisset and others v. Worldvision Enterprises INC, Decision No. 4, Fundamental Judgments and Decisions of Intellectual Property, Jean Luc Piotraut, p.8.
[3] These provisions take precedence over those arising from the various eponymous national laws by virtue of the principle of the hierarchy of legal norms, the ABR being a treaty which has supranational value.
