Entertainment Law at Gabon
Gabon has established a legal framework to protect intellectual property rights, particularly in the realms of copyright and neighboring rights. The primary legislation governing these protections is the "Law No. 1/87, of July 29, 1987," which institutes protection for copyright in literary, artistic, or scientific works, as well as neighboring rights for performers, phonogram producers, and producers of radio and television broadcasts.
Key Aspects of Gabon's Intellectual Property Law:
Definition of Works: The law encompasses a broad range of creative works, including written works, oral works, dramatic and musical compositions, audiovisual works, artistic creations like drawings and sculptures, architectural works, applied art, illustrations, maps, photographic works, and works of national folklore.
Moral Rights: Authors are granted moral rights, which include the right to decide when and how their work is disclosed, the right to claim authorship, and the right to protect the integrity of their work. These rights are perpetual, inalienable, and imprescriptible.
Economic Rights: Authors hold exclusive economic rights to exploit their works and derive financial benefits. These rights can be transferred or licensed, but such agreements must be documented in writing to be legally valid.
Protection of Folklore: Works inspired by national folklore are also protected under this law. The National Artistic and Cultural Promotion Agency (ANPAC) administers the exploitation rights of folklore, requiring authorization for adaptations or commercial use, with royalties benefiting the authors.
Enforcement and Sanctions: Infringements of moral or economic rights are considered offenses punishable under the Criminal Code related to literary and artistic property. ANPAC is empowered to take legal action to defend the interests of authors and can seek remedies such as the seizure of unauthorized copies and injunctions against further infringements.
For a comprehensive understanding of Gabon's intellectual property laws, including detailed provisions and any amendments, it is advisable to consult the full text of the law available through the World Intellectual Property Organization (WIPO) Lex database.
Regarding entertainment law, which often intersects with intellectual property rights, Gabon's legal framework provides mechanisms to address issues such as unauthorized use of creative works, protection of performers' rights, and regulation of media content. However, specific statutes or regulations exclusively dedicated to entertainment law are not distinctly outlined in the available sources. Professionals and stakeholders in the entertainment industry may benefit from engaging with legal experts or institutions specializing in entertainment law within Gabon for more targeted guidance.
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