BURKINA FASO Decree No. 2000-575/PRES/PM/MAC/MEF --------- on Collecting Remuneration for Private Copying.
(English version)1 Unity – Progress – Justice
THE PRESIDENT OF FASO,
PRESIDENT OF THE COUNCIL OF MINISTERS,
Having regard to the Constitution;
Having regard to Decree No. 2000-526/PRES of November 6, 2000, on the Appointment of the Prime Minister;
Having regard to Decree No. 2000-527/PRES/PM of November 12, 2000, on the Composition of the Government of Burkina Faso;
Having regard to Decree No. 97-468/PRES/PM of October 31, 1997, on the Responsibilities of Members of Government;
Having regard to Decree No. 99-444/PRES/PM/MCA of December 2, 1999, on the Organization of the Ministry of Culture and the Arts;
Having regard to Decree No. 2000-149/PRES/PM/MCA on the Establishment of the National Copyright Office of Burkina Faso (BBDA);
Having regard to Law No. 032/99/AN of December 22, 1999, on the Protection of Literary and Artistic Property;
On the report of the Ministry of Culture and the Arts;
The Council of Ministers heard at its session of November 29, 2000;
D E C R E E S
Article 1: Pursuant to Article 82 of Law No. 032/99/AN of December 22, 1999 on the Protection of Literary and Artistic Property, the Customs Service shall be authorized to collect remuneration for private copying on behalf of the National Copyright Office of Burkina Faso, when importing blank recording media into Burkina Faso. In other cases, such collection is carried out by agents of the National Copyright Office of Burkina Faso, who are lawfully authorized to do so.
1 Courtesy translation provided by WIPO.
Article 2: Under the terms of Article 84 of the abovementioned Law, the collection rate as regards remuneration for private copying shall be set at ten per cent (10%) of the CAF value of the blank recording media, regardless of type.
Article 3: The Customs Service shall be authorized to levy ten per cent (10%) of the collected amount as operating costs for its services.
This amount shall be deducted from the authorized levy under Article 82 of Law No. 032/99/AN of December 22, 1999, as National Copyright Office of Burkina Faso management costs.
Article 4: Remuneration collected by the Customs Service, less the authorized levy, shall be refunded no later than the fifth (05) of every month to the National Copyright Office of Burkina Faso.
Article 5: Arrangements for applying this Decree shall be set out in a joint order of the Minister of Culture and the Arts and of the Minister of Economy and Finance.
Article 6: This Decree shall repeal any previous contrary provisions.
Article 7: The Minister of Culture and the Arts and the Minister of Economy and Finance shall be responsible, each as far as it is concerned, for the implementation of this Decree, which shall be published in the Official Journal of Burkina Faso.
Ouagadougou, December 20, 2000.
The President of Burkina Faso Blaise COMPAORE (signed and stamped)
The Prime Minister Paramanga Ernest YONLI
(signed) The Minister of Culture and the Arts For the Minister of Economy Mahamoudou OUEDRAOGO (signed) and Finance and by order, the
Minister (Delegate) of Finance and Budget Jean Baptiste COMPAORE (signed)