Copyrights Law in Guinea
Copyright Law in Guinea
Copyright law in Guinea is primarily governed by Law No. 021/97/AN of 1997 on the Protection of Literary and Artistic Works, supplemented by Guinea’s ratification of international treaties like:
Berne Convention for the Protection of Literary and Artistic Works (1971, revised)
World Intellectual Property Organization (WIPO) treaties
TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)
These laws establish authors’ rights over their creations and regulate how others can use those works.
1. Scope of Copyright in Guinea
Copyright protects both economic and moral rights of authors.
A. Works Protected
Literary works: novels, poems, articles, computer programs.
Artistic works: paintings, sculptures, drawings.
Musical works: compositions, lyrics.
Audiovisual works: films, videos.
Architectural works: building designs.
Note: Protection is automatic—registration is not required, but it can help in enforcement.
B. Rights of the Author
Moral Rights: Cannot be transferred; include:
Right to claim authorship
Right to object to derogatory treatment of the work
Economic Rights: Can be transferred; include:
Reproduction (copying)
Public performance
Distribution (selling, leasing)
Adaptation (translations, derivative works)
2. Duration of Copyright
Life of the author + 50 years after death (standard in most African countries under OAPI rules).
For corporate works or anonymous works: 50 years from publication.
3. Exceptions and Limitations
Private use: Reproduction for personal or private use without commercial gain.
Education and research: Use for teaching or scientific research.
Citations: Limited quoting with proper attribution.
These are usually modeled after Berne Convention standards.
4. Infringement and Enforcement
Copyright infringement occurs when someone reproduces, distributes, performs, or adapts a work without authorization. Enforcement is handled by:
Civil Remedies: Lawsuits for damages or injunctions.
Criminal Remedies: Fines or imprisonment if infringement is deliberate and commercial.
Customs and Police: Can seize pirated materials like CDs, DVDs, or counterfeit books.
Criminal Penalties (Under Guinea Law)
Fines: Can be significant depending on scale of infringement.
Imprisonment: For severe commercial piracy, up to 2–5 years in serious cases.
Seizure of infringing goods and destruction of illegal copies.
5. Guinea and the African Intellectual Property Organization (OAPI)
Guinea is a member of OAPI, which standardizes copyright law across 17 African countries. Under OAPI rules:
Copyright protection is automatic in member states.
Economic and moral rights are respected across borders within OAPI.
Enforcement can involve cross-border seizure of pirated works within member states.
6. Case Examples / Enforcement in Guinea
There is limited publicly documented case law from Guinea, but enforcement trends are observable:
Pirated CDs and DVDs: Police often seize pirated media in markets in Conakry.
Unauthorized copying of textbooks: Publishers have taken civil actions to stop illegal photocopying of educational materials.
Music piracy: Popular Guinean musicians have pressed charges under economic rights provisions.
Online content: Increasing attention is being paid to social media piracy (music and video), though formal prosecutions are rare.
Cross-border enforcement: Under OAPI rules, infringing materials imported from neighboring countries can be seized and destroyed.
Observation: While Guinea’s law is strong on paper, enforcement is often limited by resources, lack of public awareness, and informal markets.
7. International Protection
Guinea honors Berne Convention standards: foreign works are automatically protected.
Enforcement can involve cooperation with OAPI or WIPO in case of large-scale commercial piracy.
TRIPS compliance ensures that imported copyrighted works from member countries are protected.
8. Key Takeaways
Copyright in Guinea protects literary, artistic, musical, and audiovisual works automatically.
Authors have moral rights (inviolable) and economic rights (transferable).
Duration: life + 50 years.
Enforcement includes civil remedies, criminal penalties, and seizure of infringing materials.
Guinea’s membership in OAPI strengthens cross-border protection in West and Central Africa.
Challenges: Limited awareness, informal markets, and resource constraints in enforcement.
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