Democratic Republic of the Congo
Protection of copyright and related rights
OrdinanceLaw No. 86033 of April 5, 1986
[NB – OrdinanceLaw No. 86033 of April 5, 1986, on the protection of copyright and
related rights]
Contents
Title 1 – Copyright.......
........................................................................ 1
Title 2 – Related rights................................................................ 12
Title 3 – Protection of
copyright...........................................................14
Title 4 – Final and repealing provisions
.............................................. 15
Title 1 Copyright
Chapter 1 – General provisions
Art.1. The author of a work of the mind, purely as a result of its creation, shall enjoy an
exclusive intangible property right in the work that is binding on everyone.
This right shall have intellectual and moral attributes, as well as economic attributes that are
determined by this OrdinanceLaw.
The existence or conclusion of a contract to hire a work or service by the author of a work
of the mind shall carry no restriction on the enjoyment of the author’s moral and economic
right recognized in the first subparagraph of this Article.
Art.2. The work shall be deemed created, regardless of any public disclosure, by virtue of
the mere fact that the author’s concept has been put into practice, if only incompletely.
Art.3.This OrdinanceLaw shall be applicable to the works of Congolese nationals. It shall
only apply to the works of foreigners, unless there is an international convention or
reciprocity, if such works have been published in the Democratic Republic of the Congo.
However, no infringement may be made of the integrity or authorship of works published
abroad, even in the absence of an international convention or reciprocity.
Art.4.Without prejudice to the provisions of Law No. 82001 of January 7, 1982,
governing industrial property, this Ordinancelaw shall protect the copyright in all works of
the mind, regardless of the genre, form of expression, merit or purpose.
The following in particular shall be considered works of the mind:
• (a) books, pamphlets and other literary, artistic and scientific writings;
• (b) lectures, addresses, pleas, sermons, lessons, statements, commentaries and other
works of the same nature in oral, written or recorded form.
• (c) dramatic and dramaticomusical works and theatrical works in general, as well as
choreographic works and pantomimes with a fixed production;
• (d) musical compositions with or without lyrics;
• (e) cinematographic works, including works expressed by processes analogous to
cinematography;
• (f) newspapers, journals or other publications of the same nature;
• (g) works of drawing, painting, architecture, etching and lithography;
• (h) photographic works, including works expressed by processes analogous to
photography;
• (i) works of applied art, whether handicraft or produced on an industrial scale;
• (j) illustrations, maps and threedimensional works relative to geography, topography,
architecture or any other science;
• (k) architectural plans, drawings and models;
• (l) musical arrangements, adaptations, translations and other transformations,
provided they have been authorized by the author of the original work when the work is not
part of shared cultural heritage;
• (m) collections of literary or artistic works, such as encyclopedias, guides,
dictionaries and anthologies which, by reason of the selection and arrangement of their
contents, constitute intellectual creations protected as such, without prejudice to the
copyright in each of the works forming part of such collections;
• (n) folklore;
• (o) works derived from folklore.
Art.5. The title of a work of the mind, provided that it is original, shall be protected as the
work itself, and must always be mentioned with the name of the author when the work is
publicly disseminated.
Even if the work is no longer protected, nobody may use that title to designate a work of the
same kind, in conditions likely to cause confusion.
Art.6. Under the terms of this OrdinanceLaw, the phrases below shall mean the following:
(a) original work: work presented in the initial form of creation;
(b) derived work: that which results from the adaptation or transformation of an original
work such that it constitutes an autonomous work;
(c) individual work: a work of which the author is one person;
(d) collaborative work: work for which the creation has involved two or more natural
persons or legal entities;
(e) collective work: a work produced on the initiative of a natural person or legal entity who
publishes or discloses it according to his/her instructions and under his/her name, and the
whole of which is produced by a number of contributors in such a way that it is impossible
to attribute a particular contribution to the whole of or any one of them;
(f) pseudonymous work: work signed using a nom de plume;
(g) anonymous work: work not reproduced in several copies made available to the public;
(h) unpublished work: work for which the author’s identity is not known;
(i) posthumous work: work made public after the death of the author;
(j) composite work: new work that incorporates a preexisting work without the
collaboration of the author of that work;
(k) folklore: artistic, literary or scientific work passed from generation to generation and
constituting one of the basic elements of the traditional cultural heritage;
(l) work derived from folklore: work composed of elements borrowed from the traditional
cultural heritage;
(m) publication: making copies of a work available to the public;
(n) performance: direct communication of the work in public, particularly by means of:
recital, performance, dramatic performance;
disseminated by any procedure, be that words, sounds or images;
projection, transmission of the work broadcast by a loudspeaker and possibly a radio
television screen located in a public place;
(o) reproduction: material fixation of the work by all processes making it possible to
communicate the work indirectly to the public, particularly through printing, drawing,
engraving, photography, casting and any other process of graphic and plastic arts, as well as
through mechanical, cinematographic or magnetic recording; for works of architecture,
reproduction shall also consist of the repeated execution of a model plan or project.
Art.7. Official acts of the authority shall not give rise to any copyright. Any other literary,
artistic or scientific publications produced by the authorities shall generate copyright for the
authorities.
Chapter 2 – Owner of copyright
Art.8. In the absence of proof to the contrary, the person whose name or pseudonym is
mentioned on the work disseminated shall be assumed to be the author thereof.
Copyright, even where it concerns a work produced in the framework of a work contract or
service contract, shall belong originally to the author.
The employer may only exploit the author’s work within the specific limits of his/her usual
activity.
Art.9.The copyright in a collaborative work shall belong to the coauthors who shall
exercise their rights by joint agreement.
In the event of disagreement, it shall fall to the competent authority to issue a ruling.
If the involvement of each of the co
authors relates to different genres, each
one may, unless otherwise agreed,
separately exploit his/her personal
contribution, yet without causing harm to
the exploitation of the joint work.
Art.10.Copyright in a collective work,
unless proved otherwise, shall belong to
the natural person or legal entity who
took the initiative behind it and under
whose name the work was disclosed.
Art.11.Copyright in a composite work
shall belong to the person who created it,
subject to the copyright in the preexisting
work.
Art.12.The author of a pseudonymous or
anonymous work shall enjoy the rights
recognized for it by this OrdinanceLaw.
However, as long as the author does not
reveal his/her identity, the publisher
whose name appears on the work shall,
without other proof, be presumed to
represent the author and, in this capacity,
shall have grounds to protect and enforce
the rights of the author.
Art.13.The copyright in the translation,
adaptation, transformation or arrangement
of any work of the mind shall belong to
its author, without prejudice to the
copyright of the original work. The same
shall apply to the authors of anthologies
or collections of various works that, by
reason of the selection and arrangement
of their contents, shall constitute new
intellectual creations.
Art.14.The copyright in folklore shall
belong to the State, which shall exercise it
under the arrangements laid down by the
President of the Republic.
Art.15.The copyright in a work inspired
by folklore shall belong to the person who
created it.
Art.16.The copyright in a
cinematographic work shall belong
jointly to the following creators:
• (1) screenplay writer;
• (2) adaptation writer;
• (3) scriptwriter;
• (4) author of the musical
composition with or without lyrics
produced specially for the work;
• (5) director;
• (6) main illustrator in the case
of cartoons;
• (7) author of the original
work, when the cinematographic
work is based on a protected pre
existing work.
Chapter 3 – Author’s
prerogatives and the associated
limitations
Section 1 Author’s prerogatives
Art.17.The author of a protected
work shall enjoy the exclusive right
to claim authorship of the work and,
in particular, to demand that his/her
name appear whenever all or part of
the work is quoted, communicated
or published, reproduced or
transformed in any way whatsoever.
Art.18.The author shall enjoy the
exclusive right to ensure the
integrity of his/her work.
The author may, for this purpose,
oppose any deformation, mutilation,
amendment or, generally speaking,
any infringement of the work.
The author may oppose the
destruction of the published work.
Any translation, adaptation,
transformation or arrangement of
any kind may only be carried
out by the author or with his/her
authorization.
Art.19. The author shall have the right to
carry out any modifications to the work
that he/she deems proper in order to make
it conform to the ideal he/she has of it.
The author may oppose the work being
published as is and even destroy it if
he/she deems it unworthy, as well as
opposing its reconstitution by third
parties.
Any act intended to perfect the unfinished
work may only be undertaken by third
parties with prior authorization from the
author and the consent of any transferees.
Art.20. The author shall have the right to
exploit the work him/herself or to assign
the rights of exploitation, as stated in
Chapter IV below, so as to obtain a
financial gain where applicable.
Notwithstanding the assignment of the
work, the authors of graphic and three
dimensional works shall have the right to
receive up to five per cent of the proceeds
of any sale or resale of that work.
Art.21.Any owner, assignee,
entertainment manager, lessee or any
other person exploiting an entertainment
venue, public premises or a broadcast or
television station where works of the
mind by national or foreign authors are
represented or performed shall be
required to pay a royalty fixed by contract
to the owners of the holders of copyright
or related rights, as defined in Title II or
to their representatives, in accordance
with the provisions of this Ordinance
Law or other particular laws.
Art.22.The rights referred to in Articles
17, 18 and 19 above shall be moral rights
attached to the author as a person. They
shall be perpetual, imprescriptible and
inalienable.
They may only be exercised by heirs
and other successors in title for the
purpose of protecting the memory of
the author.
Art.23.In the case of a
commissioned portrait or three
dimensional work using paint,
photography or other means:
• (a) the author shall not have
the right to reproduce it or publicly
display it without the consent of the
person who commissioned it or that
of his/her successors.
• (b) the author or owner of the
portrait shall not have the right to
reproduce it or publicly display it
without the consent of the person
represented or that of his/her
successors.
Section 2 Limitations to
copyright
Art.24.It shall be lawful to
reproduce quotations or excerpts of
protected works for cultural,
scientific, teaching, critical or
polemic purposes, provided that the
source, title and name of the author
are mentioned.
Art.25. In order to illustrate a text,
the reproduction of photographs in
anthologies intended for teaching
use and in scientific works shall be
authorized.
Art.26. Subject to the mention of
the author’s name and the source,
the complete or partial
dissemination by press or broadcast
for the purposes of news, lectures
and speeches for the public
delivered in political, administrative,
judicial or academic gatherings, as
well as in public political meetings
and official ceremonies, shall be
lawful.
However, the authorization of the author
shall be required if the work must be
reproduced in separate, complete or
partial collections, as well as in the form
of a brochure.
Art.27.Lessons delivered as part of
teaching may be reproduced or
summarized by the people to whom they
were addressed. However, these may not
be published, in part or in full, without the
written authorization of the authors or
their successors.
Art.28. The reproduction of an
architectural work by means of
photography, cinematography, television
or any other similar procedure, as well as
the publication of the corresponding
photographs in newspapers, journals and
school textbooks, shall be lawful and may
not give rise to payment of copyright.
Art.29. The reproduction in a film or
television program of figurative works of
art that are permanently located in a
public place or included in the film or
program in a way that is incidental to the
main subject, shall not require
authorization from the author.
Art.30.The author of a work of
architecture may not prevent the owner
from making the changes that he has
decided to make. However, he/she may
oppose his/her name being mentioned as
the author of the change.
Art.31.Free performances may be
carried out, without prior authorization
from the author and provided that the
work has already been disseminated, if
they are given free of charge in a teaching
establishment during school hours and
have a direct bearing on the subject
of the lesson.
Art.32.The written or spoken press
may reproduce an article published
in a newspaper or journal, provided
that the source, title and name of the
author are mentioned, unless this
article or the periodical in which it is
published states that reproduction is
prohibited.
News of the day or miscellaneous
facts having the character of mere
items of press information may be
freely used.
Chapter 4 Exploitation of
economic rights
Section 1 – Transfer of economic
rights
(1) General provisions
Art.33.The attributes of the
copyright mentioned in Article 20 of
this OrdinanceLaw shall be
partially or entirely assignable free
of charge or at a price, as well as
being transferable by succession.
Art.34.The transfer of any of the
rights referred to in Articles 20 and
21 carried out other than by virtue of
the Law shall be recorded in writing.
Art.35. Notwithstanding the
assignment of the right of
exploitation, the author shall have
the right of termination or
withdrawal visàvis the assignee,
even after the publication of the work.
The author may not, however, exercise
this right without first providing
indemnification for harm caused to the
assignee thereby. When, after the right of
termination or withdrawal has been
exercised, the author decides to have the
work published, he/she shall be obliged to
give first refusal on the rights of
exploitation to the originally identified
assignee.
Art.36. Any contract shall include the
following:
• (1) domain and form of
exploitation;
• (2) duration of assignment
contract;
• (3) number of performances,
broadcasts or copies, in the case of a
mechanical reproduction or publication;
• (4) remuneration and means of
payment. The payment to the author may
not in any circumstances be less than ten
per cent of the revenue from the sale or
exploitation of the work;
• (5) provisions enabling possible
amendments of content or termination.
Art.37. The global assignment of future
works shall be null and void.
(2) Provisions specific to contracts of
exploitation
A. Publishing contract
Art.38. The publishing contract shall be
the agreement under which, excluding
contracts for “publication at the author's
expense” or a “halfandhalf” contract,
the author of the work or his/her
successors assign to a publisher, under
specific conditions, the right to produce
or have produced copies of the work
and proceed with their publication
and dissemination.
Art.39. The publishing contract
shall determine the form and means
of expression, arrangements for
carrying out the publication and the
termination clauses.
Art.40. The publishing contract
shall state the minimum number of
copies that make up the first
printing. However, this obligation
shall not apply to contracts laying
down a guaranteed minimum of
royalties to be paid by the publisher.
Art.41. The publisher may not,
without the author’s agreement,
make any amendment to the work.
Unless the contract stipulates
otherwise, the publisher must
indicate the name or pseudonym of the author on each copy.
Art.42.The contract shall provide
for a remuneration to the author or
his/her successors that is
proportionate to the proceeds from
exploiting the work.
Furthermore, the publishing contract
may provide for the author to be
paid an advance on this royalty,
either at the time of commission, if
the work is commissioned, or on the
date of acceptance of the
manuscript.
Art.43.The publisher shall be
required to provide the author with
all the evidence needed to establish
the accuracy of his/her accounts.
Unless otherwise stipulated, at least
once a year the author may demand
that the publisher produce a
statement that mentions the following:
• (1) number of copies produced
during the financial year, indicating the
date and size of the printing;
• (2) number of copies sold;
• (3) number of copies in stock;
• (4) number of copies unusable or
destroyed due to unforeseeable
circumstances or force majeure;
• (5) sum of royalties due and
royalties already paid to the author.
Art.44.Except in the case of a transfer of
his/her business assets, the publisher may
not assign, free of charge or in return for
payment, the profit from the publishing
contract to third parties without obtaining
the prior agreement of the author.
Art.45.The publishing contract may be
terminated by the publisher if the author,
following the serving of six months’
notice, has not enabled the publisher to
proceed with publishing the work.
Art.46. The author shall guarantee the
publisher undisturbed and, unless
otherwise agreed, exclusive exercise of
the right granted. The author shall allow
the publisher to fulfill his/her obligations
and, in particular, shall deliver to the
publisher within the period provided for
in the contract the work to be published in
a form that allows for it to be produced
normally; the subject of the publication
provided by the author shall remain the
author’s property.
Art.47.The publishing contract may be
terminated by the author independently of
the cases provided for in ordinary law or
the previous articles:
• (a) if, following the serving of six
months’ notice, the publisher has not
made copies of the work available to the
public or, if the work is out of print,
has not carried out a reprint. The
work shall be considered out of print
if two orders to the publisher for
copies to be delivered have not been
met within three months.
• (b) if the disposal of the
business assets is likely seriously to
compromise the moral or material
interests of the author. In the event
of contract termination following
nonimplementation of the clauses
on the part of the publisher, the
author shall retain the advances
he/she has received from the
publisher, without prejudice to the
right to damages.
Art.48. The publishing contract
shall end independently of the cases
provided for in ordinary law or the
previous articles if the publisher
destroys all copies.
Art.49. Should the author die while
the work remains unfinished, the
contract shall be voided in relation
to the unfinished part of the work,
unless there is an agreement
between the publisher and the
author’s successors.
Art.50. A contract for “publication
at the author's expense” shall not
constitute a publishing contract
within the meaning of Article 38;
under such a contract, the author or
his/her successors shall remit an
agreed sum to the publisher, on
condition that the publisher
manufacture copies of the work in
quantity, in the form and according
to the modes of expression specified
in the contract, and ensure its
publication and dissemination.
Art.51. A "halfandhalf" contract does
not constitute a publishing contract within
the meaning of Article 38; under such a
contract, the author or his/her successors
shall commission a publisher to
manufacture, at his/her expense and in
quantity, copies of the work in the form
and according to the modes of expression
specified in the contract, and to ensure
their publication and dissemination,
subject to a reciprocally contracted
agreement to share the profits and losses
of exploitation in the proportion specified.
B. Performance contract
Art.52. A performance contract shall be
a contract under which the author of a
work of the mind and his/her successors
authorize an entertainment manager to
perform the work under conditions
determined by them.
A contract under which the national
professional body for copyright protection
and management, referred to in Article
111, confers on an entertainment manager
the right to perform, for the duration of
the contract, the existing or future works
constituting the repertoire of the body
under conditions determined by the
author or his/her successors shall be
described as a general performance
contract. In the case provided for in the
foregoing paragraph, an exception may be
made to the provisions of Article 37.
Art.53.Under the terms of this
OrdinanceLaw, an entertainment
manager shall be considered to be any
natural person who, or legal entity
that, occasionally or permanently,
performs or arranges the
performance for the public and by
any means, of works of the mind.
Art.54. The entertainment manager
shall be obliged to present, at the
request of the competent authority,
the prior authorization from the
author, his/her successors or the
national professional body for
copyright and royalties protection
and management, in accordance
with Articles 20 and 21.
Art.55. The performance contract
shall be concluded for a limited
period or for a specified number of
public performances.
Unless exclusive rights are
expressly stipulated, such a contract
shall not confer any monopoly of
exploitation on the entertainment
manager.
Art.56. The validity of the
exclusive rights granted by a
playwright as part of a performance
contract may not exceed three years;
interruption of performances for one
year shall automatically terminate
these rights, unless otherwise
agreed.
Art.57. The entertainment manager
may not transfer the profit from his
contract without the formal and
written consent of the author, his/her
successors or representative(s).
The entertainment manager shall be
required to:
• (1) inform the author, his/her
successors or the national body for
copyright protection and management of
the exact program of public
performances;
• (2) provide them with a
documented statement of his/her receipts;
• (3) pay them the amount of
royalties provided for on the dates they
are due;
• (4) ensure that the public
performance takes place under technical
conditions which guarantee the author's
intellectual and moral rights.
C. Cinematographic production contract
Art.58. The cinematographic production
contract shall be an agreement under
which the authors of works used for the
production assign to the producer, under
specific conditions, the rights to use the
cinematographic work, without prejudice
to the rights recognized by law for the
authors of the works used.
Art.59. The cinematographic production
contract shall establish the forms and
means of expression, arrangements for
implementation, termination clauses and
the remuneration for the authors of the
works used.
Art.60. The authors shall guarantee the
producer undisturbed and, unless
otherwise agreed, exclusive exercise of
the rights granted. The authors shall allow
the producer to fulfill his/her obligations
and, in particular, shall deliver to the
producer within the period provided for in
the contract the work to be produced in a
form that allows for it to be produced.
Art.61.If one of the authors of the
cinematographic work refuses to finish
his/her contribution to the work or finds it
impossible to finish it, due to force
majeure, he/she may not oppose the use
of this completed part of the contribution
for the purposes of finishing the work.
Art.62. Unless otherwise stated, the
authors of a cinematographic work
may dispose of their personal
contribution with a view to its
exploitation in a different genre,
provided that this does not prejudice
the exploitation of the work on
which they collaborated.
Art.63.The author or authors of the
assigned works may terminate the
contract if the cinematographic
production is not carried out in the
period provided for in the contract,
beginning from the day when the
author or authors fulfilled their
obligation.
Art.64.If the contract is terminated
following noncompliance with
these clauses by the producer, the
authors shall retain the advances
received by him/her without
prejudice to the right to damages.
Art.65. The producer of the
cinematographic work may
terminate the contract if the authors
have not enabled him/her to carry
out the cinematographic production,
following the serving of a oneyear
notice period.
Art.66.The producer shall mean
any natural person or legal entity
who takes the initiative for the
production and the financial
responsibility of exploiting the
work. The director shall be the
person responsible for artistic
responsibility and management of
the transformation into sound and
images, editing the work and its
final cut.
(3) Provisions on hire, loan and
reproduction for personal and private
use
Art.67.The right to hire out and loan to
the public copies of sound, graphic and
audiovisual works may only be exercised
by the copyright holders of those works,
unless they have duly assigned those
rights.
Art.68.Any person who produces or
imports into the Democratic Republic of
the Congo devices able to manufacture
productions and the media intended for
sound and visual recordings shall be
required to pay a royalty to the national
body responsible for copyright
management and protection. The amount
shall be calculated in proportion to the
retail revenues.
(4) Specific provisions on photographic
works
Art.69.Unless proved otherwise, the
photographer shall be considered to be
the person whose name, signature or
initials are indicated as required by
proper usage on the copies of the image
or when the image is publicly
communicated or displayed.
Art.70. Within the limits provided for
by this Ordinancelaw, the author shall
enjoy the exclusive right to reproduce the
image by printing, graphically or using
any other procedure, as well as to
communicate and display it publicly.
Art.71. The name of the photographer
shall be indicated, to the extent and in
the manner that are required by proper
usage, on any copy reproducing the
photographic image and whenever it
is publicly displayed or
communicated.
The image shall not be subjected to
any amendment that may infringe
upon the professional reputation of
the photographer. No one may
publicly display or communicate it in
a way or under circumstances that
harm the photographer.
Art.72.If the photographer has
assigned one or more copies of a
photographic image or if the image
has been published, assigned copies
or copies from the publication may be publicly presented.
Art.73. Where photographic images
have been presented or
communicated during an event, it
shall be lawful to insert such images
in the written, filmed or televised news lifetime of each of the collaborators,
account of the event. and 50 years following the death of
the last collaborator.
Section 2 – Term of protection of
economic rights and public domain
(1) Term of protection of economic
rights
Article 74.The term of protection
afforded by the law for economic rights
in literary, artistic and scientific works
shall extend for the lifetime of the author
and 50 calendar years from his/her death.
Art.75.The owners of a posthumous
work shall enjoy the right of exploitation
for 50 years following the first of
January of the calendar year following
the year when the work is published,
displayed, performed or exhibited for the
first time. If the right is transferred to the
surviving spouse, the protection shall last
for the entire lifetime thereof.
Art.76.The term of protection for
anonymous or pseudonymous works
shall be 50 years from the first of
January of the calendar year following
the year when the work is published.
However, when the pseudonym adopted
by the author leaves no doubt as to
his/her identity, or when the author of the
anonymous work reveals himself/herself,
the term of protection shall be that
provided in Article 75.
Art.77. As for photographic works, the
term of protection shall be 25 years from
publication.
Art.78.The term of protection for a
collaborative work shall extend for the
If a collaborator dies without leaving
a will or heirs, his/her rights shall be
added to the rights of the coauthors.
The right of exploitation shall be for
the heirs or successors and shall exist
for 50 years from the first of January
of the calendar year following the
death of the last surviving
collaborator.
Art.79.The protection of a collective
work shall last for the entire lifetime
of the natural person or legal entity
that owns the copyright in the work,
and for 50 years following the year
of the owner’s death or dissolution.
(2) Public domain
Art.80.At the end of the period of
protection of the right of exploitation,
artistic, literary and scientific works
shall enter the public domain.
Art.81.The right of exploitation in
works within the public domain shall
be managed by the national body
responsible for copyright
management and protection.
The performance or reproduction of
these works shall be subject to the
authorization of this body.
Art.82.The authorization to exploit
works from the public domain shall
be subject to:
• respect for moral rights;
• prior declaration;
• payment of a royalty that will be
used for cultural and social purposes
for the benefit of the authors.
The sum of the royalty shall be equal to
half that usually applied for works of the
same category in the private domain.
Title 2 – Related rights
Chapter 1 – General provisions
Art.83. Related rights shall include the
prerogatives that the law recognizes for
performers, producers of phonograms
and any other sound and audiovisual
medium and broadcasting organizations
to authorize or prohibit the dissemination
of their performances and to receive
remuneration for each public
performance, without prejudice to the
exclusive rights of the author of the
work.
Art.84. Under the terms of this
OrdinanceLaw:
• (a) “performers” means actors, singers,
musicians, dancers, and other
persons who act, sing, deliver,
declaim, play in, or otherwise
perform literary or artistic works;
• (b) “phonogram” means any
exclusively aural fixation;
• (c) “publication” means the
offering of copies of a phonogram to the
public;
• (d) “producer of phonograms”
means the natural person who, or the
legal entity which, first fixes the sounds;
• (e) “videogram” means fixation of
sounds and images;
• (f) “producer of videograms”
means the natural person who, or the
legal entity which, first fixes the
sounds or images;
• (g) “broadcasting” means the
transmission of sounds or of sounds
and images by wireless means for
public reception;
• (h) “reproduction” means the
making of a copy or copies of a
fixation or a substantial part of that
fixation;
• (i) “rebroadcasting” means the
simultaneous broadcasting by one
broadcasting organization of a
broadcast of another broadcasting
organization;
• (j) “fixation” means the
embodiment of sounds, images, or
both in a material form sufficiently
permanent or stable to permit them to
be perceived, reproduced, or
otherwise communicated.
Chapter 2 – Performers
Art.85. Without the authorization of
the performers, no person shall
perform any of the following acts:
(a) broadcasting and communication
to the public of their performance
that have not yet been fixed or
broadcast;
(b) incorporation in a fixation of
sounds or images or images and
sounds of their as yet unfixed
performances;
(c) reproduction of a fixation of their
performance carried out for purposes
that contradict those for which the
authorization for fixation was given.
Art.86.Whomsover uses a fixation or
reproduction thereof to disseminate it by
broadcasting or any other form of
communication to the public shall be
required to pay the performers a
remuneration of which the amount and
means of payment shall be fixed by
agreement between users and the body
responsible for copyright protection and
management.
Chapter 3 – Broadcasting
organizations
Art.87. Radio and television broadcasts
and television programs are artistic
activities protected by law. Broadcasting
organizations shall enjoy the right to
authorize or prohibit the fixing of their
broadcasts, the rebroadcasting of their
broadcasts and their reproduction.
Art.88. Retransmission to the public for
profit of radio and television broadcasts
in places freely accessible to the public
shall confer upon the broadcasting
organization the right to a royalty set by
the competent authority.
Art.89. Broadcasting organizations
may, without the authorization of the
performers, make fixations of a
performance rendered by an artist for the
sole purpose of using it for a pre
determined number of teaching or
cultural broadcasts.
Chapter 4 – Producers of phonograms
and videograms
Art.90. Producers of phonograms
and videograms shall have the right
to authorize or prohibit:
• (a) the direct or indirect
reproduction of their phonograms or
videograms or copies thereof;
• (b) the export or import of their
phonograms or videograms or copies
thereof in order to sell or distribute
them to the public.
Art.91. For the purposes of proving
infringement of the rights recognized
under law, all copies of phonograms
or videograms produced on the
territory of the Democratic Republic
of the Congo shall bear the record
number assigned by the duty copy
service.
Art.92.The use for broadcast or
communication to the public of a
phonogram or videogram published
for profit, or of a reproduction of that
phonogram or videogram, shall give
rise to the payment of a royalty from
the user to the phonogram or
videogram producer and the
performers.
Art.93. The royalties received for
the use of phonograms and
videograms and copies of
phonograms and videograms of
foreign producers shall be handed to
the body responsible for copyright
management and protection, and
shall be used to promote the cultural
and artistic activities of the
Democratic Republic of the Congo.
Art.94. The royalties received for
the use of phonograms or videograms
and copies of phonograms or
videograms of Congolese producers
shall be divided into 60 per cent for
performers and 40 per cent for
producers, unless otherwise agreed.
Art.95.The protection afforded to
phonograms and videograms or to their
copies shall be 25 years from January 1
following the end of the calendar year
during which the phonogram or
videogram or copies thereof were
produced.
Title 3 – Copyright protection
Chapter 1 – Criminal sanctions
Art.96. Any malicious or fraudulent
violation knowingly committed against
copyright shall constitute an
infringement offense.
Art.97.Infringement shall be punished
by criminal imprisonment of between
one month and one year, plus a fine of
between 5,000 and 10,000 Zaïres, or one
of these penalties only.
Art.98. The following shall be
considered infringements and shall be
punished using the penalties provided for
in Article 97: the sale, display, hire,
possession, import and export of
infringing works or objects where these
acts have been knowingly committed and
for commercial purposes.
Art.99. The malicious or fraudulent
placing on a work of art, literature or
music of the name of an author or any
distinctive sign adopted by him/her to
designate his/her works shall be
punished by criminal imprisonment of
between one and five years, plus a fine
of between 10,000 and 50,000 Zaïres, or
one of these penalties.
Those who knowingly sell, display
for sale, hire out, possess or bring
into the territory of the Democratic
Republic of the Congo for
commercial purposes, objects or
works referred to in the first
subparagraph shall be punished with
the same penalties only.
Art.100.Article 14 of the Penal
Code shall apply to the offenses
provided for in Articles 96, 97 and
98.
Art.101.In cases of violation of
Articles 96, 97, 98 and 99, the
revenues may be seized as the
proceeds of the violation.
Furthermore, the revenues may be
allocated to the claimant who has
brought civil proceedings, to be used
as part of the damages he/she is due,
but only in proportion to the share of
the work in the sum of revenues
received.
Art.102. Violations of this
OrdinanceLaw, except those
provided for in Article 98, may only
be prosecuted following a complaint
by the person who claims to be
aggrieved.
Art.103. The court may, upon
request of the aggrieved party, order
the publication of the ruling, with or
without grounds, in a journal
indicated by him/her and at the
expense of the infringer.
Chapter 2 – Proceedings in a civil
court
Art.104.Copyright holders may, with
the authorization of the judge in the
place of infringement, instruct one or
more experts appointed by the judge to
produce a description of the alleged
infringing objects or the details of the
infringement and the tools that were
specially used to carry out the
infringement.
The judge may also, using the same order, forbid the holders of the infringing objects to
part with them, allow the appointment of a custodian or even place the objects under seal.
This order shall be served according to the usual procedures for issuing summons.
Should the case involve revenues, the judge may authorize the sequestration of the
revenues.
Art.105. The request shall contain the election of domicile in the area where the
description must take place. The experts shall swear an oath to the judge that they will
faithfully complete their task.
Art.106. The judge may force the plaintiff to provide a security deposit. In this case, the
order will only be issued once there is proof that the deposit has been made.
Art.107. If the doors are closed or if the opening thereof is refused, proceedings shall be
taken in accordance with the rules of civil procedure.
Art.108.A copy of the record of the description shall be deposited with the registry within
a time period fixed by the judge, with immediate notification to the plaintiff and the
defendant.
Art.109.If, within two weeks of the notification of the record of the description or the
sequestration of revenues, there has been no summons to the court within the jurisdiction
where the description was made, the order shall cease to have the full effect of the law, and
the holder of the described or seized objects may request the return of all copies of the
record, with the prohibition on anyone using its content or making it public, without
prejudice to any damages.
Art.110.The seized objects may be allocated against the distrainer to the applicant up to
the limit of the prejudice suffered.
Title 4 – Final and repealing provisions
Art.111.The management of copyright and related rights, and the protection of the moral
and financial interests of all authors of works of the mind, shall be the responsibility of a
national body that is the only one authorized to operate in the territory of the Democratic
Republic of the Congo.
Art.112.The Decree of June 21, 1948, relating to copyright protection, as well as any
provisions that contradict this OrdinanceLaw, are hereby repealed.
Art.113. This OrdinanceLaw shall enter into force on the date when it is signed.