- DECREE RELATING TO COPYRIGHT IN LITERARY, SCIENTIFIC AND ARTISTIC WORKS
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
- Article 22
- Article 23
- Article 24
- Article 25
- Article 26
- Article 27
- Article 28
- Article 29
- Article 30
- Article 31
- Article 32
- Article 33
- Article 34
- Article 35
- Article 36
- Article 37
- Article 38
- Article 39
- Article40
- Article 41
- Article 42
- Article 43
- Article 44
- Article 45
- Article 46
- Article 47
- Article 48
- Article 49
- Article 50
- Article 51
- Article 52
- Article 53
- Article 54
- Article 55
- Article 56
HAITI: ITEM ]A
DECREE RELATING TO COPYRIGHT IN LITERARY, SCIENTIFIC
AND ARTISTIC WORKS
[01lli55iol/s] Article 1
Under the appellation "Copyright", the prerogatives relating to the exclusive exploitation of a person's creation, including all the modalities in respect of the protection which he may claim for it, arc recognised in favour of the person under whose name a literary, scientific or artistic work is made public, constituting, at least for a limited period, a legal monopoly to this effect.
The notion of copyright implies, by itself. a particular form of complete appropriation. It gives rise, independently of any suggestion of material integration in the intellectual works which form the subject thereof, to the juridical concept of incorporeal or intellectual property 'which forms the basis of literary and artistic property, protected by law.
Article 3
Copyright confers the maximum of advantage upon its owner. To its character of exclusivity, which forms an obstacle to any rival claim in respect ofthe same works, there is added the quality of opposability, which is capable, if need be, of being invoked against all persons.
Article 4
Whereas subjective rights, established in relation to a totality of values, positive or negative, devolve upon the same person and are divided into patrimonial and extrapatrimonial rights, the monopoly of exploitation indicated in Article I, and vested in the author, compnses only the patrimonial rights, without prejudice to the non-commercial privilege, which devolves upon him, ofconserving the mastery ofhis thought and of his work, and of deciding, if need be, upon its publication or its nonpublication. This right, which belongs to him alone, is absolute: It is discretionary.
Article 5
This moral or extra-patrimonial right, forming part of the attributes of personality, and not being capable of pecuniary evaluation, remains intangible and IS inalienable and undistrainable.
Article 6
Further, the author has the right to choose between the publication of Ius work under Ius name, or under another name, or III anonymous form.
Article 7
In so far as the author has not proceeded to publish Jus work, its reproduction by any means is strictly prohibited. No person may compel the writer or artist to reveal Jus intellectual or moral personality to the public.
Article 8
Accordingly, the work cannot be the subject ofseizure on the part ofcreditors of the writer or of the artist.
Article 9
If the author consents to allow the publication of his work in a specified manner, the work may only be published
. , .l' ..
1Il accoruance witn SUCll manner. rs.greements drawn up to this effect, in the form of a contract for publication, reproduction or performance, have the force of law as between the parties, in accordance with Article 925 of the Civil Code.
Article 10
Copyright comprises the exclusive right of the author of a literary, scientific or artistic work to make use of his work and to authorise the utilisation thereof, in whole or in part; to dispose of Ius rights, upon any basis, in whole or in part, and to
Dale of Decree: 9 January 1968.
Official French lex I published in "Le Moniteur", No.6 ofJanuary 18, 1968. CL TW Supplement 1969
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transmit them by will or by operation of
law. Utilisation of the work may be effect
ed, in accordance with its nature, by any
of the following processes, or by others
which may come into existence hereafter.
The author may: (0 translate it, transpose it, arrange it, score it, dramatise it, adapt it and, in general, transform it in any manner;
(g) reproduce it, in any form, in whole or in part.
Article 1I
Literary, scientific and artistic works, protected by the present Decree, comprise: books, manuscripts, brochures of all kinds, whatever their length, manuscripts or printed texts of lectures, speeches, lessons, sermons and other works of the same nature; theatrical and draruatico-musica] works, choreographies and pantomimes, the acting form of which is fixed in writing or otherwise; musical compositions, with or without words; drawings, illustrations, paintings, sculptures, engravings, lithographics; photographic and cinematographic works; astronomical or geographical spheres, maps, plans, sketches or plastic works relating to geography, geology, topography, architecture, or any other science; and fmally all literary, scientific or artistic productions, capable of being published or reproduced.
Article 12
The rights of an author in respect of unedited or unpublished works are equally recognised.
Article 13
The same protection is also granted to works of art executed principally tor industrial purposes, without such protection extending to the industrial utilisation of scientific theories.
Article 14
Translations, adaptations, compilations, arrangements, abridgments, dramatisations, or other versions of literary, scientific and artistic works, including photographic and cinematographic adaptations, enjoy the protection established by the present Decree as original works, without prejudice to the rights of the author in respect of the work utilised.
Article 15
When the works indicated in the preceding Arricle are ascribable to works which have fallen into the public domain, they are still protected as original works. However, this protection does not convey the exclusive right to utilise the basic work.
Article 16
Literary, scientific and artistic works which enjoy the benefit of legal protection and which arc published in newspapers and magazines may not be reproduced without authorisation, whatever the nature of their subject.
Article 17
Articles ofnews, published ill newspapers and magazines, may be reproduced in the press, unless their reproduction is forbidden by a special or general reservation included in them. In all cases, the source from which they originate must be indicated in a precise manner. However, the simple signature of the author shall be equivalent to a mention of reservation.
Article 18
The protection of the law does not apply to information contained in news of the day published in the press.
Article 19
The right to patcrniry, in respect of a
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literary or artistic work, is the right which the author has to publish the work under hisname. Being an intellectual creation, the work is linked with the author by a relationship ofintcllcctucal filiation. Thus, if it is for the author alone to decide whether hiswork should or should not be published, it is also for him alone to decide whether his work should or should not be published under his name.
Article 20
The author is equally invested with the right to defend his name. Not only may he proceed against any person who gives a false name to his works and forbid such person to publish them under a name other than that of the author, but he may take proceedings against persons who usurp his name.
Article 21
The fraudulent use of the name of an author constitutes an infringement, and every infringement is an offence. In such a case, apart from the penalties of fme and confiscation specified, according to circumstances, in Articles 349, 350 and 351 of the Penal Code, which will 'be applied by the competent Correctional Court, the victim o(the offence, by making himself a civil party, may also claim damages under repressive jurisdiction, in conformity with Articles 3 Cor. c., II C.P., 1J68 and 1169 of the Civil Code.
Article 22
An accomplice lJl infringement is punishable under the conditions ofcommon law. He can be proceeded against even if the principal offender is unknown and has not been made a party to the proceedings.
Article 23