LAW NO. 2000/011 OF 19 DECEMBER 2000 RELATING TO COPYRIGHT AND RELATED RIGHTS
Article 1. This law governs copyright and related rights in Cameroon.
TITLE I:
GENERAL PROVISIONS
Article 2. For this law and its implementing regulations, the following definitions apply:
1. “Original work” means a work which, in its characteristic elements or expression, is distinct from prior works;
2. “Collaborative work” means a work whose creation results from the collaboration of two or more authors, whether or not this collaboration is individualized;
3. “Composite work” means a work into which a pre-existing work is incorporated without the collaboration of the author of the latter;
4. “Audiovisual work” means a work consisting of an animated series of linked images, with or without sound;
5. “Posthumous work” means a work made accessible to the public after the author’s death;
6. “Anonymous work” means a work that does not bear the author’s name;
7. “Pseudonymous work” means a work that designates the author by a fictitious name;
8. “Work in the public domain” means a work whose period of protection has expired;
9. “Work inspired by folklore” means a work composed from elements borrowed from the national traditional cultural heritage;
10. “Folklore” means the body of productions of elements characteristic of the traditional cultural heritage developed and perpetuated by a community or by individuals recognized as meeting the expectations of that community, including in particular folk tales,
folk dances and performances, as well as artistic expressions, rituals, and productions of folk art;
11. “Computer program” or “software” means the set of instructions that direct the computer to perform certain tasks;
12. “Database” or “data bank” means a collection of works, data, or other elements systematized in such a way that they can be searched and processed using a computer;
13. “Commissioned work” means a work created on behalf of a natural or legal person known as the commissioner, in exchange for remuneration;
14. “Collective work” means a work created by several authors at the initiative and under the responsibility of a natural or legal person who publishes it under their name, and in which the contributions of the authors who participated in the creation of the work are merged into the whole of the work, without it being possible to identify in isolation the contribution of each of the authors in this whole;
15. “performing artists” means actors, singers, musicians, dancers and other persons who represent, sing, recite, act or otherwise perform literary or artistic works, including expressions of folklore;
16. “phonogram” means any fixation of sounds from a performance or other sounds, or of a representation of sounds other than in the form of a fixation incorporated in an audiovisual work;
17. “videogram” means any fixation of images with or without sound;
18. “programme” means any combination of images, sounds or images and sounds, which is incorporated in signals intended for distribution;
19. “audiovisual communications undertaking” means the broadcasting, television or other medium body that transmits programmes to the public;
20. “phonogram producer” means the natural or legal person who first fixes sounds from a performance or other sounds or a representation of sounds, or the natural or legal person who initiated such fixing;
21. “videogram producer” means the natural or legal person who first fixes images, whether or not accompanied by sound, or a representation of such images, or the natural or legal person who initiated such fixing;
22. “publication” means making available to the public the original or a copy of a literary or artistic work, a performance, a program, a phonogram or a videogram;
23. “rebroadcast” means the simultaneous or delayed broadcast by an audiovisual communication undertaking of a program of another audiovisual communication undertaking.
TITLE II:
COPYRIGHT
CHAPTER I:
PROTECTED WORKS AND OWNERSHIP OF RIGHTS
Article 3.- (1) All works in the literary or artistic field, regardless of their mode, value, genre or purpose of expression, are protected by this law, including:
a) literary works, including computer programs;
b) musical compositions with or without words;
c) dramatic, dramatico-musical, choreographic and pantomime works created for the stage;
d) audiovisual works;
e) works of drawing, painting, lithography, etching or wood engraving and other works of the same kind;
f) sculptures, bas-reliefs and mosaics of all kinds;
g) architectural works, including drawings and models as well as the construction itself;
(h) tapestries and objects created by artistic crafts and applied arts, both the sketch or model and the work itself;
(i) Maps, as well as scientific or technical drawings and graphic and plastic reproductions;
(j) Photographic works, including works expressed by a process analogous to photography.
(2) Copyright covers the expression by which ideas are described, explained, or illustrated. It extends to the characteristic elements of works, such as the outline of a literary work, insofar as it is materially linked to the expression.
(3) Only original expressions or characteristic elements resulting from a creation are protected by this law.
(4) The following are not protected by copyright:
(a) Ideas in themselves;
(b) Laws, court decisions, and other official texts, as well as their official translations;
(c) Coats of arms, decorations, monetary symbols, and other official symbols.
Article 4. (1) A work is understood to include both its original and derivative or composite forms.
(2) In addition to the works mentioned in Article 3 above, the following are protected as composite works, without prejudice to copyright in the pre-existing work:
(a) translations, adaptations, arrangements, or other modifications of literary or artistic works;
(b) collections of works, including those of expressions of folklore or of mere facts or data, such as encyclopedias, anthologies, and data compilations, whether reproduced on machine-readable media or in any other form, which, by the selection or arrangement of the material, constitute original works; (
c) works inspired by folklore.
Article 5. (1) Folklore belongs by its very nature to the national cultural heritage.
(2) The direct or indirect representation or recording of folklore for private purposes is unrestricted.
(3) The direct or indirect performance or recording for commercial exploitation is subject to prior authorization from the administration responsible for culture, upon payment of a fee, the amount of which is set by regulation according to the conditions in force in each category of creation concerned.
(4) The sum collected is paid into a cultural policy support account.
Article 6. (1) The title of a work is protected as the work itself, provided that it is original.
(2) No one may, even if the work is no longer protected, use its title to designate a work of the same genre if such use is likely to create confusion in the public mind.
Article 7. (1) The author is the natural person who has created a literary or artistic work. A natural person who has conceived a work and initiated its production by an automated process is also an author.
(2) The author of a work protected under this law is the first holder of the copyright in that work.
(3) A work is deemed to have been created independently of any disclosure, solely by virtue of the personal execution, even if incomplete, of the conception. A photographic work or any other work resulting from production by an automated process is considered equivalent to a created work.
(4) Unless proven otherwise, the author is the person or persons under whose name or pseudonym the work is registered with the competent collective management organization or is published.
Article 8. (1) Co-authors are the first joint holders of the copyright in a collaborative work. However, unless otherwise stipulated by the co-authors, if a collaborative work can be divided into independent parts, each
co-author is free to exploit the independent part they created while remaining a joint owner of the rights attached to the collaborative work considered as a whole. However, such exploitation must not prejudice the exploitation of the joint work.
(2) The co-authors must exercise their rights by mutual agreement. A co-author who initiates legal proceedings to defend their economic rights is required, under penalty of inadmissibility of their claim, to include their co-authors as parties.
(3) An update of the work due to one of the co-authors may not be made without their consent or without formal notice to do so if they refuse.
(4) A co-author who has voluntarily allowed the collaborative work to be exploited without claiming any compensation has thereby waived any right to profit from this exploitation, but may exercise co-authorship rights in the future.
(5) Unless otherwise agreed, profits arising from the exploitation of the work shall accrue in proportion to each co-author’s contribution to its creation.
(6) A collaborative work shall be governed by a collaboration agreement. In the event of a disagreement, the competent court shall have jurisdiction.
(7) Notwithstanding the rights accruing to a co-author for their contribution to the collaborative work, the other co-authors may, by mutual agreement, complete any contribution that a co-author has not completed due to refusal or force majeure.
(8) A collaborative work shall be deemed completed when the final version has been established by mutual agreement of the co-authors. For collaborative works that are commissioned works, the final version must have been established by mutual agreement of the co-authors and the commissioning party.
Article 9. (1) The authors of pseudonymous or anonymous works enjoy the rights outlined in Article 13 below. However, until they have disclosed their legal identity or provided proof of their status, they are represented by the publisher of their works.
(2) The provisions of the preceding paragraph do not apply when the pseudonym leaves no doubt as to the author’s legal identity.
Article 10. The author of a composite work is the first copyright holder of that work, subject to respect for the copyright attached to each pre-existing work included in the derivative work.
Article 11. (1) The first copyright holder of a collective work is the natural or legal person who initiated and was responsible for the creation of the work and who published it under their name.
(2) Unless otherwise stipulated, each author of a work included in the collective work retains the right to exploit their contribution independently of the collective work, provided that this does not prejudice the exploitation of the latter.
Article 12. (1) In the case of a commissioned work, the author is the first holder of the copyright. However, unless otherwise provided by contract, the economic rights in said work are considered to be transferred to the commissioning party, who exercises them within the agreed limits.
(2) The author exercises their moral rights in the commissioned work without prejudice to the enjoyment of the transferred economic rights.
(3) In the case of a commissioned work used for advertising, the contract between the commissioning party and the author entails, unless otherwise stipulated, the transfer to the commissioning party of the economic rights to the work, provided that this contract specifies the separate remuneration due for each method of exploitation of the work, based in particular on the geographical area, the duration of the exploitation, the size of the print run, and the nature of the medium.
CHAPTER II:
ATTRIBUTES OF COPYRIGHT
Article 13.- (1) The authors of intellectual works enjoy, by the sole fact of their creation, an exclusive and enforceable property right in those works, known as “copyright,” the protection of which is governed by this law.
(2) This right includes moral and economic attributes.
Article 14.- (1) Moral attributes confer on the author, independently of his economic rights and even after the assignment of said rights, the right:
a) to decide on the disclosure and to determine the methods and modalities of this disclosure;
b) to claim authorship of his work by demanding that his name or his status be indicated each time the work is made accessible to the public;
(c) to defend the integrity of their work by opposing, in particular, its distortion or mutilation;
(d) to cease the dissemination of their work and to make alterations to it.
(2) The author may only exercise the right of withdrawal and retraction referred to in paragraph (1) above upon prior compensation of any potential beneficiary of an authorization.
(3) Judicial reorganization or liquidation of assets justifies the author’s automatic withdrawal of the work.
(4) Moral attributes are attached to the person of the author. In particular, they are perpetual, inalienable, and imprescriptible.
Article 15.- (1) The economic attributes of copyright entail the author’s exclusive right to exploit or authorize the exploitation of their work in any form whatsoever and to derive financial gain therefrom.
(2) The exploitation right includes the right of performance, the right of reproduction, the right of transformation, the right of distribution, and the resale right.
(3) Claims attached to the economic attributes of copyright are subject to the same regime as wage claims.
Article 16. (1) “Performance” means the communication of a literary or artistic work to the public, including making it available to the public in such a way that each person may access it at the place and time individually chosen by them. Performance includes, in particular:
(a) the public recitation, dramatic performance, and execution of the work by any means or process;
(b) the public exhibition of the original or copies of a work of art; (c) broadcasting, that is to say, the transmission, whether wireless, such as radio or television broadcasting, or by wire or any other similar technical means, of
sounds, images, texts, or messages of the same nature.
(2) The transmission of a work to a satellite is considered a performance, even if said transmission takes place outside the national territory, provided that it was made at the request of, on behalf of, or under the control of a communications company whose principal place of business is located within the national territory.
Article 17. (1) “Reproduction” means the material fixation of all or part of a literary or artistic work by any means that allows it to be communicated to the public indirectly, including by permanent or temporary storage in electronic form. It is carried out in particular by photography, printing, drawing, engraving, molding, audiovisual, magnetic, or mechanical recording.
(2) For a work of architecture, the repeated execution of a standard plan or design is equivalent to reproduction.
Article 18. – “Transformation” means the adaptation, translation, arrangement, or other modification of a literary or artistic work.
Article 19. – Distribution means the offering for sale, rental, sale, rental, or any other act of making available for consideration the original or copies of a literary or artistic work.
Article 20. – (1) The resale right grants the author of graphic or plastic works or manuscripts, notwithstanding any transfer of the original of the work or manuscript, an inalienable right to participate in the proceeds of any sale of that original or manuscript made at public auction or through a dealer, regardless of the methods of the transaction carried out by the latter.
(2) The rate of this right and the methods of collection are fixed by regulation.
(3) This right is transferable upon death.
Article 21. – (1) Ownership of a work is independent of ownership of the physical object. Unless otherwise stipulated, the purchaser of the original or a copy of a work does not, by virtue of that purchase, acquire any of the copyrights provided for in this Act. Those rights remain with the original copyright holder or their successors in title, who may not, however, require the purchaser to make the work available to them.
(2) Unless otherwise stipulated and notwithstanding the provisions of paragraph (1) above, the lawful purchaser of an original or a copy of a work has the right to directly present that original or copy to the public.
(3) The right provided for in paragraph (2) above does not extend to persons who have come into possession of originals or copies of a work by way of rental or any other means without having acquired ownership of them.
Article 22. (1) The exploitation of a work by a person other than the original copyright holder may not take place without the prior authorization of the latter or their successors in title, given by any means leaving a written record, including electronic media.
(2) Written authorization is required under penalty of nullity.
(3) Authorization to exploit a work may cover all or part of the economic rights, whether free of charge or for consideration.
(4) When authorization is total, its scope is limited to the modes of exploitation provided for in the agreement.
(5) Authorization covering audiovisual adaptation rights must be the subject of a separate written agreement from that relating to the actual publication of the printed work.
(6) Authorization is limited to the economic rights expressly mentioned in the agreement. Each right must be the subject of a separate mention.
(7) The authorization specifies the intended purposes, the method, duration, and location of exploitation and is deemed to limit the authorization to the country in which it is granted.
(8) Failure to specify the location of exploitation is deemed to limit the authorization to the country in which it is granted.
(9) Failure to specify the location of exploitation is deemed to limit the authorization to the method of exploitation necessary for the purposes intended at the time the license was granted.
Article 23. (1) A license agreement may be exclusive or non-exclusive.
(2) A non-exclusive license authorizes its holder to perform, in the manner permitted to them, the acts it covers, together with the original copyright holder and any other holders of non-exclusive licenses.
(3) An exclusive license authorizes its holder, to the exclusion of all others, including the original copyright holder, to perform, in the manner permitted to them, the acts it covers.
(4) No license shall be considered an exclusive license unless expressly stipulated in the contract between the original copyright holder and the licensee.
Article 24. (1) The author’s remuneration shall be proportional to the exploitation revenue.
(2) It may be a lump sum in the following cases:
(a) The basis for calculating the proportional share cannot practically be determined;
(b) The monitoring costs are disproportionate to the results to be achieved;
(c) The use of the work is only incidental to the purpose being exploited.
(3) When a lump sum remuneration is set in violation of the rule provided for in paragraph (1), the remuneration shall amount to 20% of the exploitation revenue.
Article 25. The beneficiary of the authorization must seek effective exploitation in accordance with professional practices and the nature of the work.
Article 26. The authorization to exploit all of the author’s future works is void unless it is granted to a collective management organization.
Article 27. – Any clause by which the author undertakes not to create a work is deemed null and void.
Article 28. – Copyright is transferable upon death.
Article 29. – (1) When the work has been published with the author’s permission, the author may not prohibit:
a) Private performances carried out exclusively within a family circle, provided that they do not generate any form of revenue;
b) Performances carried out free of charge for educational, school, or religious purposes, and in premises reserved for that purpose;
(c) Reproductions and adaptations in a single copy intended for the strictly personal and private use of the person making them, excluding any collective use or exploitation for profit, except in the cases provided for in paragraphs (2) and (3) below;
(d) Analyses, press reviews, short quotations justified by the critical, educational, scientific or informational nature of the work, provided that they are accompanied by the word “source” and the name of the author, if that name appears in the source;
(e) The use of literary or artistic works for teaching purposes by means of publication, broadcasting or sound or visual recording, provided that such use is not abusive and is devoid of any profit motive;
(f) Parody, pastiche and caricature, taking into account the conventions of the genre;
(g) Braille reproductions intended for the blind;
(h) Reproduction or transformation for evidence in administrative or judicial proceedings.
(2) Temporary reproduction of a work is permitted provided that such reproduction:
(a) occurs during a digital transmission of the work or an act intended to make a work stored in digital form perceptible;
(b) is carried out by a natural or legal person authorized by the copyright owner or by law to carry out such transmission of the work or the act intended to make it perceptible;
(c) is incidental to the transmission, occurs within the normal use of the material, and is automatically erased without permitting electronic retrieval of the work for purposes other than those provided for in paragraphs (a) and (b) above.
(3) The limitation for private copying provided for in paragraph (1) above does not apply:
(a) to the reproduction of architectural works in the form of a building or similar structure;
(b) to the reprographic reproduction of an entire book or musical work in graphic form;
(c) to the reproduction of databases and software, except in the cases provided for in Article 36;
(d) to any other reproduction of a work which would prejudice the normal exploitation of the work or which would cause unjustified harm to the legitimate interests of the author.
Article 30. Literary or artistic works seen, heard, or recorded during a news event may, for informational purposes and in short extracts, be reproduced and made available to the public in connection with a report on that event by means of photography, broadcasting, or any other means of public communication.
Article 31. Unless the right of exploitation is expressly reserved, articles of political, social, economic, or religious news, political speeches, speeches delivered in court proceedings, as well as sermons, lectures, addresses, and other works of a similar nature may be reproduced by the press and broadcast in their original version or in translation. However, the source must be clearly indicated, as well as the name of the author.
Article 32. (1) Works of art, including architectural works permanently located in a public place, may be reproduced and made accessible to the public by means of photography or audiovisual media.
(2) Any exploitation for commercial purposes of these reproductions without the prior authorization of the author of the works referred to in the preceding paragraph is unlawful.
Article 33. (1) When a broadcasting license is granted to an audiovisual communication company, said license covers all free-to-air sound and visual communications produced by that company using its own technical and artistic means and under its own responsibility.
(2) The license referred to above does not extend to performances carried out in public places, such as cafes, restaurants, hotels, cabarets, various shops, cultural centers, public transportation, and so-called private clubs, for which prior authorization must be obtained.
Article 34. Unless otherwise stipulated:
(a) the license to broadcast a work by terrestrial means does not include the distribution of this broadcast by cable, unless it is carried out simultaneously and in its entirety by the organization benefiting from this license and without extending the geographical area conventionally provided for; (
b) the license to broadcast the work does not constitute authorization to communicate the broadcast of this work in a place accessible to the public;
(c) Authorization to broadcast the work terrestrially does not include its transmission to a satellite enabling reception of the work through third-party organizations, unless the author or their successors in title have authorized these organizations to communicate the work to the public, in which case the organization is exempt from paying any remuneration.
Article 35. (1) For their broadcasts, audiovisual communication organizations are permitted to make temporary recordings of the works in one or more copies, which they are authorized to broadcast. These copies may not be sold, rented, or loaned.
(2) Ephemeral recordings must be destroyed within three months, unless the copyright holder has expressly consented to a longer retention period.
(3) Without prejudice to the author’s right to equitable remuneration, reproductions may be kept in official archives.
Article 36. (1) For the reproduction and transmission rights of software, databases, or databases, in addition to the exceptions in Article 29(2), only the exceptions provided for in this Article shall apply.
(2) The copyright holder may not prohibit the legitimate custodian of software or a database from:
(a) reproducing minor parts of that database or database;
(b) reproducing or modifying that software or database in accordance with its intended purpose, including correcting errors;
(c) reproducing that software or database for the purpose of replacing it in the event of its loss, destruction, or inability;
(d) to decompile, that is, to reproduce and translate this software, when such actions make it possible to obtain the information necessary to create software compatible with it or with one or more other software programs.
Article 37. (1) The author’s economic rights last for their entire life. They continue after their death, for the current calendar year and the following fifty years. They also continue for the benefit of all successors or assigns for the year of the death of the last surviving collaborator and the following fifty years for collaborative works.
(2) The author’s economic rights last for fifty years from the end of the calendar year in which the work was published with the author’s consent. If such publication has not taken place within fifty years of creation, the rights last for fifty years from the end of the calendar year of creation. This is the case for:
(a) audiovisual works;
(b) works of applied art;
(c) collective works.
(3) For anonymous or pseudonymous works, the rights last for fifty years after the end of the calendar year of the authorized publication. The term is that of paragraph (1) of this section if the pseudonym leaves no doubt as to the author’s true identity or if the author reveals their true identity before the expiry of that term. If such publication has not occurred within fifty years of the creation, the rights last for fifty years from the end of the calendar year of the creation.
(4) For posthumous works, the term is fifty years from the end of the calendar year of the authorized publication of the work. The economic rights belong to the author’s heirs or successors in title when the work is published during the period provided for in paragraph (1) of this article. When publication has taken place after the expiry of this period, the rights belong to the heir or successor in title who carried out or arranged for the publication.
Article 38. Posthumous works must be published separately, unless they constitute a fragment of a previously published work. They may only be combined with other previously published works by the same author if the heirs or successors in title still enjoy the right of exploitation over them.
Article 39. (1) Upon the expiry of the terms of protection referred to in Article 37 above, the exclusive right falls into the public domain.
(2) The exploitation of works in the public domain is subject to respect for moral rights, prior notification to the Minister responsible for culture, and payment of a royalty, the proceeds of which are paid into the cultural policy support account provided for in Article 5(4) above.
(3) The royalty rate is set by regulation.
CHAPTER III:
PERFORMANCE CONTRACT AND PUBLISHING CONTRACT
Article 40. The performance contract is the agreement by which the copyright holder authorizes a performance organizer to perform, have performed, or allow to be
performed, present, have or allow to be presented publicly the said work, under the conditions they determine.
Article 41. (1) The performance contract is concluded for an unlimited duration and for a specified number of public performances. Unless expressly stipulated as exclusive, it does not grant the performance organizer any monopoly on exploitation.
(2) Public performances must be conducted under conditions that guarantee respect for the moral rights of the copyright holder referred to in Article 40 above.
(3) The organization of performances is subject to obtaining authorization and the payment, by the organizer, of a fee under the conditions established by regulation. The organizer of performances may not transfer the benefits of their contract without the written consent of the copyright holder.
Article 42. A publishing contract is an agreement by which the copyright holder authorizes, under specified conditions, a person called the publisher to produce a defined number of copies of the work, with the publisher being responsible for its publication.
Article 43. (1) The copyright holder is required to:
(a) to guarantee to the publisher the peaceful and, unless otherwise agreed, exclusive exercise of the assigned or granted right;
(b) to enforce this right and defend it against any infringement;
(c) to enable the publisher to fulfill its obligations and, in particular, to deliver to the publisher, within the time limit stipulated in the contract, the work to be published in a form that allows for normal production.
(2) The publisher is required:
(a) to carry out or have carried out the production according to the conditions and methods of expression stipulated in the contract;
(b) not to make any modifications to the work without the written authorization of the copyright holder;
(c) to include on each copy, unless otherwise agreed, the name, pseudonym, or trademark of the copyright holder;
(d) to produce the publication, unless otherwise agreed, within a time limit set by professional practice;
(e) to ensure the work’s continuous and sustained exploitation, as well as its commercial distribution in accordance with professional practice;
(f) to return the published work to the copyright holder upon completion of production.
Article 44. (1) The publisher is also required to provide the copyright holder with all supporting documentation necessary to establish the accuracy of its accounts.
(2) Unless otherwise stipulated in the contract, the copyright holder may require the publisher to produce, at least once a year, a statement indicating the number of copies produced during the fiscal year, specifying the date and size of each print run, as well as the number of copies in stock.
(3) Unless otherwise agreed or customary, the statement referred to in paragraph (2) above shall indicate the number of copies sold by the publisher, the number of unusable copies or copies destroyed by unforeseen circumstances or force majeure, and the amount of royalties due or paid to the copyright holder.
Article 45. (1) When, in the event of receivership or liquidation, the operation of the business is continued by the receiver or liquidator, the latter is bound by all the publisher’s obligations. Otherwise, and when no transfer of said business has taken place within one year of the bankruptcy judgment, the publishing contract may be terminated at the request of the copyright holder.
(2) In the event of the sale of the business, the purchaser is bound by the seller’s obligations.
(3) The receiver or liquidator may not proceed with the sale or production of the manufactured copies until at least fifteen days after notifying the copyright holder of their intention by registered letter with acknowledgment of receipt. The copyright holder has a right of first refusal on all or part of the copies. In the absence of an agreement, the repurchase price will be determined by expert appraisal.
Article 46.- (1) The publisher may not transfer, whether free of charge or for consideration, or by way of contribution to a company, the benefits of the publishing contract to third parties, independently
of their business assets, without having first obtained the authorization of the copyright holder.
(2) In the event of the sale of the business assets in a manner that seriously jeopardizes the material or moral interests of the copyright holder, the latter is entitled to compensation, even by way of termination of the contract.
(3) When the publishing business was operated as a company or was jointly owned, the allocation of the business to one of the former partners or co-owners, as a result of liquidation or division, cannot, under any circumstances, be considered a transfer.
Article 47. (1) The publishing contract terminates, notwithstanding the cases provided for by general law or the preceding articles, when the publisher proceeds with the destruction of all copies of the work.
(2) Termination occurs automatically when, after formal notice from the copyright holder granting a period for fulfillment, the publisher has not proceeded with the republication.
The edition is considered out of print if two requests for delivery of copies addressed to the publisher are not fulfilled within six months.
(3) In the event of the death, or, as the case may be, dissolution of the copyright holder, if the work is unfinished, the contract is terminated with respect to the unfinished part of the work, unless otherwise agreed between the publisher and the heirs or assigns of said copyright holder.
Article 48. The copyright holder may grant a publisher a right of first refusal for the publication of their future works, provided that they relate to a specific genre. This right is, however, limited to five new works per genre.
Article 49. (1) The following do not constitute a publishing contract:
a) a so-called “author-paid” contract whereby the copyright holder pays the publisher an agreed remuneration, with the latter being obligated to produce several copies of the work in the form and according to the modes of expression specified in the contract, and to ensure its publication and distribution. This contract constitutes a contract for services;
(b) The so-called “share-cost” contract, by which the copyright holder entrusts a publisher with the production, at the publisher’s expense and in a specified number, in the form and according to the modes of expression defined in the contract, of copies of the work, and with the publisher’s responsibility for its publication and distribution, in exchange for the mutually agreed commitment to share the profits and losses proportionally. This contract constitutes a joint venture.
(2) The contracts referred to in the preceding paragraph are deemed to have been concluded only after approval by the competent collective management organization.
CHAPTER IV:
AUDIOVISUAL PRODUCTION CONTRACT
Article 50. – The audiovisual production contract is the agreement by which one or more natural persons undertake, in exchange for remuneration, to create an audiovisual work for a natural or legal person called the producer.
Article 51. (1) The contract between the producer and the authors of an audiovisual work, other than the author of a musical work, entails, unless otherwise stipulated and without prejudice to the rights granted to the author, the assignment to the producer of the exclusive rights to exploit the audiovisual work.
(2) The audiovisual production contract does not entail the assignment to the producer of the graphic and theatrical rights to the work. It provides for a list of the elements used in the creation of the work that are to be retained, as well as the terms of this retention.
(3) Remuneration for authors is due for each type of exploitation. Subject to the provisions of Article 24 above, when the public pays a price to receive communication of a specific and
identifiable audiovisual work, the remuneration is proportional to that price, taking into account any sliding scale discounts granted by the distributor. It is paid to the authors by the producer.
Article 52. (1) The producer shall provide the author and co-authors, at least once a year, with a statement of the revenue generated from the exploitation of the work, broken down by method of exploitation. At their request, the producer shall provide them with any supporting documentation necessary to verify the accuracy of the accounts, including copies of the contracts by which the producer assigns to third parties all or part of the rights at their disposal.
(2) The author shall guarantee the producer the peaceful enjoyment of the assigned rights.
Article 53. (1) The producer is obligated to ensure that the audiovisual work is exploited in accordance with professional standards and the nature of the work.
(2) The producer must consult the director before transferring the audiovisual work to another type of medium for another method of exploitation.
Article 54. – For payment of the remuneration due to them for the exploitation of the audiovisual work, the authors shall enjoy the same privilege as that provided for in Article 15(3) above.
Article 55. – (1) Judicial reorganization or liquidation shall not result in the termination of the audiovisual production contract. When the production or exploitation of the work continues, all the producer’s obligations towards the co-authors must be fulfilled by the receiver, administrator, or any person involved in the company’s operations during the judicial reorganization or liquidation.
(2) In the event of the sale of all or part of the company or liquidation, the administrator, debtor, or liquidator, as the case may be, shall be required to establish a separate lot for each audiovisual work that may be subject to auction. The assignor is obligated, under penalty of nullity, to notify each of the authors and co-producers of the work by registered letter one month before any decision regarding the assignment or any liquidation proceedings. The purchaser is likewise bound by the assignor’s obligations. The author and co-authors have a right of first refusal on the work, unless one of the co-producers declares themselves the purchaser. In the absence of an agreement, the purchase price is determined by expert appraisal.
(3) When the company’s activity has ceased for more than three months or when liquidation is ordered, the author and co-authors may request the termination of the audiovisual production contract.
TITLE III:
RELATED RIGHTS TO COPYRIGHT
Article 56.- (1) Related rights to copyright include the rights of performing artists, producers of phonograms or videograms, and audiovisual communication companies.
(2) The enjoyment of the rights granted to the natural and legal persons listed above may not, under any circumstances, infringe upon copyright or limit its exercise.
Article 57.- (1) The performing artist has the exclusive right to perform or authorize the following acts:
a) the communication to the public of their performance, including making available to the public, by wire or wireless means, their performance fixed on a phonogram or videogram, in such a way that everyone may have access to it from the place and at the time they individually choose, except when the communication to the public:
– is made from a fixation or a communication to the public of the performance;
– is a rebroadcast authorized by the audiovisual communication company that first broadcasts the performance;
b) the fixation of their unfixed performance;
c) the reproduction of a fixation of their performance;
(d) the distribution of a fixation of the performance, by sale, exchange, or rental to the public;
(e) the separate use of the sound and image of the performance, where the performance has been fixed for both sound and image.
(2) Unless otherwise agreed:
(a) any broadcasting license granted to an audiovisual communication undertaking is personal;
(b) a broadcasting license does not imply a license to fix the performance;
(c) a license to broadcast and fix the performance does not imply a license to reproduce the fixation;
(d) a license to fix the performance and reproduce that fixation does not imply a license to broadcast the performance from the fixation or reproductions thereof.
Article 58. (1) The performer has the right to respect for their name, their status, and their performance.
(2) This right is inherent to their person. In particular, it is perpetual, inalienable, and imprescriptible. It is transferable upon death.
Article 59. (1) The producer of the phonogram enjoys the exclusive right to carry out or authorize any reproduction, making available to the public by sale, exchange, rental, or communication to the public of the phonogram, including making available to the public by wire and wireless means, so that everyone may have access to it at the place and time they individually choose.
(2) The rights granted to the producer of the phonogram under the preceding paragraph, as well as the copyright and performers’ rights that the producer may hold in the fixed work, may not be assigned separately.
Article 60. When a phonogram is put into circulation for commercial purposes, neither the performer nor the producer may object to its direct communication in a public place, provided that it is not used in a performance, nor to its broadcast, nor to its simultaneous and complete distribution by cable.
Article 61. (1) The use of public phonograms for commercial purposes, regardless of where they were recorded, under the conditions outlined in Article 60 above, entitles performers and producers to remuneration.
(2) This remuneration is paid by the persons who use public phonograms for commercial purposes. It is based on operating revenues or, failing that, assessed as a lump sum. It is divided equally between performers and phonogram producers.
Article 62. (1) The scale of remuneration and the payment procedures for this remuneration shall be established by the competent collective management body in consultation with the users of phonograms under the conditions referred to in Articles 59 and 61 above.
(2) In the absence of an agreement within six months of the entry into force of this law, or if no agreement is reached upon the expiry of a previous agreement, an Arbitration Commission, whose composition shall be determined by regulation, shall make a final decision on the matter.
Article 63. (1) Persons using phonograms for commercial purposes are required, when fulfilling their obligations, to provide the competent collective management body with the exact schedules of the uses they make and all the documentation necessary for the distribution of royalties.
(2) The remuneration provided for in this title shall be collected on behalf of the rights holders or successors in title and distributed among them by the competent collective management body.
Article 64. (1) The producer of the videogram enjoys the exclusive right to carry out or authorize any reproduction, making available to the public by sale, exchange, rental, or communication to the public of the videogram, including making available to the public, by wire or wireless means, in such a way that everyone may access it at the place and time they individually choose.
(2) The rights granted to the producer of the videogram under the preceding paragraph, as well as any copyrights and performers’ rights that the producer may hold in the fixed work, may not be assigned separately.
Article 65. – The audiovisual communication company enjoys the exclusive right to carry out or authorize:
– the recording, reproduction of recordings, rebroadcasting of programs, and communication to the public of its programs, including making its programs available to the public, by wire or wireless means, so that everyone can access them at the place and time they individually choose;
– making its programs available to the public by sale, rental, or exchange.
Article 66. – The authorizations referred to in this title must, under penalty of nullity, be given by any means leaving a written record, including electronic media.
Article 67. – (1) The beneficiaries of the rights granted under this title may not prohibit:
a) private and free performances carried out exclusively within a family circle;
b) reproductions strictly reserved for the private use of the person making them and not intended for collective use;
c) subject to sufficient elements for identifying the source:
– analyses and short quotations justified by the critical, polemical, educational, scientific, or informational nature of the work in which they are incorporated;
– press reviews;
– the dissemination, even in its entirety, for informational or current affairs purposes, of speeches intended for the public in political, administrative, index-based, or academic assemblies, as well as in public meetings of a political nature and official ceremonies; –
d) parody, pastiche, and caricature, taking into account the conventions of the genre.
(2) Performing artists may not prohibit either the reproduction or the public communication of their performances if they are incidental to an event constituting a main subject of a sequence, work, or audiovisual document.
Article 68. – The term of the economic rights covered by this title is fifty years from:
– the end of the calendar year of fixation, for phonograms, videograms, and the performances fixed therein;
– from the end of the calendar year of performance, for performances not fixed on phonograms or videograms;
– from the end of the calendar year of broadcasting, for programs of audiovisual communication companies.
TITLE IV:
ON REMUNERATION FOR PRIVATE COPYING
CHAPTER I:
ON REMUNERATION FOR PRIVATE COPYING OF COMMERCIAL PHONOGRAMS AND VIDEOGRAMS
Article 69.- Authors and performers of works and performances fixed on phonograms or videograms, as well as the producers of these phonograms or videograms, are entitled to remuneration for reproduction intended for strictly personal and private use.
Article 70.- (1) The remuneration provided for in the preceding article is paid by the manufacturer or importer of the recording media usable for the reproduction for private use of works or performances fixed on phonograms or videograms upon their release into circulation in Cameroon.
(2) The amount of remuneration depends on the type of medium and the recording duration it allows.
Article 71.- (1) The types of media, the remuneration rates, and the payment methods are determined by regulation.
(2) The remuneration provided for in this chapter is collected on behalf of the rights holders or successors in title by the competent collective management organization.
(3) Remuneration for private copying of phonograms or videograms benefits authors, performers, producers, and the cultural policy support fund provided for in Article 5(4) above in equal shares.
CHAPTER II:
REMUNERATION FOR PRIVATE COPYING OF PRINTED WORKS
Article 72. Authors and publishers of printed works are entitled to remuneration for reproduction intended for strictly personal and private use.
Article 73. The remuneration provided for in this article is paid by the manufacturer or importer of the machines and is usable for the private reproduction of a printed work upon the introduction of these machines into circulation in Cameroon.
Article 74. (1) The types of machines subject to remuneration, the rate of this remuneration, and the payment procedures are determined by regulation.
(2) The remuneration provided for in this chapter is collected on behalf of the rights holders or successors in title by the competent collective management organization.
(3) The remuneration for private copying of printed works benefits authors, publishers, and the cultural policy support fund provided for in Article 5(4) above in equal shares.
TITLE V:
COLLECTIVE MANAGEMENT
Article 75.- (1) Holders of copyright or related rights may, for the purpose of exercising their rights, establish collective management organizations for copyright and related rights.
(2) Only one organization may be established per category of copyright and related rights. The categories are determined by genre and by necessary association.
(3) The provisions of paragraph (1) of this article shall in no way prejudice the right of authors and holders of related rights to directly exercise the rights granted to them by this law.
Article 76.- The procedures for monitoring the establishment and operation of collective management organizations for copyright and related rights shall be established by regulation.
Article 77.- (1) Authors, performing artists, producers of phonograms and videograms, publishers, or their successors in title may be members of a collective management organization.
(2) Unless otherwise agreed, membership in an organization confers upon that organization a mandate from its member to perform all acts of collective management, such as authorizing the exploitation of works, collecting and distributing royalties, and defending rights in court.
Article 78.- (1) Collective management organizations must make available to interested parties the directory of their members and their works.
(2) Collective management organizations must use their income according to a scale determined by their statutes and other fundamental texts approved by the Minister responsible for culture.
Article 79.- (1) Every collective management organization is required to communicate to
The Minister responsible for culture shall, either spontaneously or at the Minister’s request:
a) its annual accounts;
b) amendments to its statutes and other fundamental texts, as well as the rules for collecting and distributing royalties, at least one month before their consideration by the general assembly;
c) cooperation agreements and other agreements concluded with third parties;
d) the decisions of the general assembly;
e) the balance sheets and reports, as well as the auditor’s report;
f) the names of its representatives.
2) The Minister responsible for culture or the Minister’s representative may collect, by examining documents and on-site, the information mentioned in this article.
TITLE VI:
OFFENCES, PENALTIES AND PROCEDURES
Article 80. The following constitute infringement:
a) any exploitation of a literary or artistic work carried out in violation of this law, by performance, reproduction, transformation or distribution by any means whatsoever;
(b) any reproduction, communication to the public, or making available to the public by sale, exchange, or rental of a performance, phonogram, or videogram, carried out without the authorization required from the performing artist, the phonogram or videogram producer, or the audiovisual communication company;
(c) any infringement of moral rights, by violating the right of disclosure, the right of attribution, or the right to respect for a literary or artistic work; (
d) any infringement of the right of attribution and the right to the integrity of the performance of the performing artist.
Article 81. The following are considered counterfeiting:
(a) the importation, exportation, sale, or offering for sale of counterfeit goods;
(b) the importation or exportation of phonograms or videograms carried out without the authorization required from the performing artist or the phonogram or videogram producer;
(c) knowingly manufacturing or importing for sale or rental, or installing equipment, material, device or instrument designed in whole or in part to fraudulently intercept broadcast programs when those programs are reserved for a specific audience that accesses them by paying remuneration to its operator or its successors in title; (
d) fraudulently circumventing effective technological measures used by holders of copyright and related rights to protect their works against unauthorized acts; (
e) allowing the unauthorized reproduction or performance in one’s establishment of works protected under this Act;
(f) failure to pay or unjustifiably delaying payment of remuneration provided for by this law;
(g) carrying out the following acts, knowing or, for civil penalties, having good reason to believe that this act will cause, permit, facilitate or conceal an infringement of a right provided for by this law:
– deleting or modifying without authorization any information relating to the rights regime that is in electronic form;
– distributing, importing for distribution, communicating to the public without authorization, originals or copies of works, performances, videograms, phonograms, programs, knowing that the information relating to the rights regime that is in electronic form has been deleted or modified without authorization.
(2) “Rights information” means information that identifies the work, performance, videogram, phonogram, or program, or information on the terms and conditions of use of such productions, and any number or code representing such information when such information is attached to a copy of a production or is linked to the communication of a production to the public.
Article 82. (1) The offences referred to in Articles 80 and 81 are punishable by imprisonment for five (5) to ten (10) years and a fine of 500,000 to 10,000,000
CFA francs, or by one of these penalties alone.
(2) The penalties provided for in this Article are doubled when the offender is the contracting party of the holder of the infringed right.
Article 83. Violations of the provisions of Article 20 above may result in joint and several liability for damages by the Court
in favor of the beneficiaries of the resale right, the purchaser, the seller, and the person responsible for conducting the public auction.
Article 84. (1) In any event, the Court may order the confiscation of the counterfeit copies, the equipment used to commit the offense, as well as any proceeds it may have generated for the offender.
(2) The equipment used by the counterfeiter and the counterfeit copies may be destroyed.
(3) The court may order the publication of the decision under the conditions provided for in Article 33 of the Penal Code.
Article 85. (1) When their rights are violated or threatened with violation, natural or legal persons, or their successors in title or assigns, holding the rights referred to in this law, may request a judicial police officer or a bailiff to investigate the offenses and, if necessary, seize, with the authorization of the Public Prosecutor or the competent judge, the infringing copies, the copies and objects unlawfully imported, and the resulting equipment, which has been used or is intended to be used for a performance or reproduction, installed for such prohibited activities.
(2) The president of the competent Civil Court may also, by order upon application, decide to:
(a) suspend any ongoing production aimed at the unlawful reproduction of a work;
(b) suspend unlawful public performances or presentations;
(c) seize, even on non-working days or outside legal hours, the copies constituting an unlawful reproduction of the work, already manufactured or in the process of being manufactured, the proceeds generated, as well as the infringing copies;
(d) the seizure of equipment used in the manufacture;
(e) the seizure of proceeds from any exploitation carried out in violation of copyright or related rights.
Article 86. (1) Within fifteen days of the date of the seizure report, the debtor or the third party whose property has been seized may request the President of the Court to limit the effects of the seizure,
or to authorize the resumption of manufacture or performances, under the authority of an appointed administrator, who will own the proceeds of such manufacture or exploitation.
(2) The President of the Court, ruling in summary proceedings, may, if he grants a request from the debtor or the third party whose property has been seized, order the applicant to deposit a sum as security for any damages to which the author may be entitled.
Article 87. If the seizing party fails to bring the matter before the competent court within fifteen days of the seizure, the release of the seizure may be ordered, at the request of the debtor or the third party whose property has been seized, by the President of the Court, ruling in summary proceedings.
Article 88. – When the proceeds of exploitation accruing to the holder of copyright and related rights are subject to attachment, the president of the competent Civil Court may order the payment to the author, as maintenance, of a certain sum or a specified portion of the attached funds.
Article 89. – When, by means of goods that have just been cleared through customs, a party infringes copyright or related rights, the president of the Court may order that party to cease the infringement.
Article 90. (1) When the holder of copyright or related rights suspects the imminent import or export of goods that infringe their rights, they may request the Minister responsible for customs or the President of the Court to have the customs authorities suspend the release of said goods into free circulation.
(2) The applicant must, in support of their request, describe the goods and prove the infringement under the law of the country of importation or this law.
(3) To enable the applicant to initiate and substantiate their legal action, the customs administration must provide them with all information relating to the detained goods, notwithstanding the provisions of the Customs Code relating to professional secrecy. The carrier, freight forwarder, declarant, stevedore, or any other person is subject to the same obligation.
(4) The judge or the Minister may require the applicant to post security.
(5) The importer or exporter and the applicant shall be informed of the suspension within five days of the decision.
(6) Ten (10) days after the applicant has been notified of the suspension, if the customs authorities are unaware that a person other than the defendant has not brought the matter before the competent court on the merits, or if the competent authority has extended the suspension, the suspension shall be lifted.
(7) The applicant shall compensate for the damage caused by the unjustified detention of the goods.
Article 91. For the above penal provisions, the time limits for objection and appeal shall be fifteen (15) days and one (1) month respectively from the date of service of the judgment.
TITLE VII:
SCOPE OF THE LAW
Article 92. Works, performances, phonograms, videograms, and programs of Cameroonians are protected by this law. In the case of joint ownership, it is sufficient that one of the owners be Cameroonian.
Article 93. (1) Foreigners enjoy in Cameroon the copyright and related rights they hold, provided that the law of the State of which they are nationals or in whose territory they have their domicile, registered office, or establishment protects the rights of Cameroonians.
(2) The copyright and related rights enjoyed by foreigners are protected in accordance with this law.
Article 94. The provisions of this law relating to the protection of literary and artistic works, performances, phonograms, videograms, and programs apply to works entitled to protection under an international treaty to which Cameroon is a party.
Article 95. – Any question before the main issue of protecting the rights of foreigners, particularly the question of determining rights holder status, is settled by this law.
TITLE VIII:
TRANSITIONAL AND FINAL PROVISIONS
Article 96. – Collective management organizations are required to comply with the provisions of this law within twelve (12) months of its entry into force.
Article 97. – This law, which repeals all prior conflicting provisions, in particular Law No. 90/010 of August 10, 1990, shall be registered and published according to the emergency procedure, and then inserted in the Official Gazette in French and English.
Yaoundé, December 19, 2000
The President of the Republic, Paul Biya
DECREE No. 2015/3979/PM OF SEPTEMBER 25, 2015 ESTABLISHING THE PROCEDURES FOR THE IMPLEMENTATION OF LAW No. 2000/011 OF
DECEMBER 19, 2000 RELATING TO COPYRIGHT AND RELATED RIGHTS, AMENDED AND SUPPLEMENTED BY DECREE No. 2016/4281 OF
SEPTEMBER 21, 2016
The Prime Minister, Head of Government,
Having regard to the Constitution;
Having regard to Law No. 2000/011 of December 19, 2000 relating to copyright and related rights;
Having regard to Decree No. 92/089 of May 4, 1992, specifying the powers of the Prime Minister, as amended and supplemented by Decree No. 95/145-bis of August 4, 1995;
Having regard to Decree No. 2011/408 of December 9, 2011, concerning the organization of the
Government;
Having regard to Decree No. 2011/409 of December 9, 2011, appointing a Prime
Minister, Head of Government,
It is hereby decreed:
CHAPTER I: GENERAL PROVISIONS
Article 1. – This decree establishes the implementing provisions of Law No. 2000/011 of December 19, 2000, relating to copyright and related rights. In this respect, it specifies in particular:
– the procedures for the commercial exploitation of folklore;
– the determination of the rate and procedures for collecting resale royalties;
– the conditions for the exploitation of works in the public domain;
– the procedures for organizing performances;
– Remuneration for private copying;
– the procedures for establishing and operating collective management organizations;
– the mechanisms for monitoring the establishment and operation of collective management organizations;
– the procedures for granting, renewing, and withdrawing accreditation.
CHAPTER II:
PROCEDURES FOR THE PROFIT-MAKING EXPLOITATION OF FOLKLORE
Article 2. – (1) The amount of the royalty for the performance or recording of folklore for profit-making purposes is determined by order of the Minister responsible for culture, under the conditions applicable to each category of creation considered.
(2) The sum collected is paid into the Special Allocation Account for the
Support of Cultural Policy.
CHAPTER III:
DETERMINATION OF THE RATE AND PROCEDURES FOR COLLECTION OF THE RESEARCH RIGHT
Article 3. The resale right rate is set at five percent (5%) of the resale price of the original graphic or plastic work or of the resale price of a manuscript, without any deduction.
Article 4. The sum corresponding to the rate set in Article 3 above is collected and paid to the author or their successors in title, as the case may be, by the dealer or the public or ministerial officer who participated in the sale.
Article 5. The dealer, public or ministerial officer is required to inform the beneficiary of the name and address of the seller, as well as the amount of the sale price.
Article 6. – Any merchant, public or ministerial officer who fails to provide the information referred to in Article 5 above shall pay the beneficiary the sum due in the event of a claim.
Article 7. – If the sum is not claimed within thirty (30) days of the sale, the merchant, public or ministerial officer shall be released from all liability towards the beneficiaries of the resale right. They shall pay the seller the sum collected.
CHAPTER IV:
CONDITIONS FOR THE EXPLOITATION OF WORKS IN THE PUBLIC DOMAIN
Article 8. – (1) Upon the expiration of the protection periods referred to in Article 37 of Law No. 2000/011 cited above, exclusive rights fall into the public domain.
(2) The exploitation of works in the public domain is subject to respect for moral rights, prior notification to the Minister responsible for culture, and payment of a royalty.
(3) The rate of the royalty for the exploitation of works in the public domain referred to in paragraph 2 above is set at fifty percent (50%) of the amount that was due when the work was protected.
(4) The sum collected as the royalty referred to in Article 3 above is paid in full into the Special Allocation Account for the Support of Cultural Policy.
CHAPTER V:
PROCEDURES FOR ORGANIZING PERFORMANCES
Article 9. The organization of performances is subject to the authorization of the territorially competent administrative authority, after verification of payment of the royalty provided for in Article 10 below.
Article 10. (1) The amount of the royalty for organizing performances is set by order of the Minister responsible for culture.
(2) The sum collected is paid into the Special Allocation Account for the
Support of Cultural Policy.
CHAPTER VI:
REMUNERATION FOR PRIVATE COPYING
Article 11. – The remuneration for private copying of phonograms or videograms is set by order of the Minister responsible for culture.
Article 12. – The recording duration is, unless proven otherwise, that declared by the manufacturer or importer.
Article 13. – The remuneration applies to blank media referred to in Article 70 of Law No. 2000/011 cited above.
Article 14. – The rate of remuneration for private copying of printed works is five percent (5%) of the sale price of the reproduction equipment.
Article 15. – (1) Any device that enables the reproduction of printed works is subject to the remuneration referred to in Article 14 above.
(2) The rate of remuneration for media that enable the reproduction of printed works is set by a specific decree of the Minister responsible for culture.
CHAPTER VII:
ON THE ESTABLISHMENT AND OPERATION OF COLLECTIVE MANAGEMENT ORGANIZATIONS
Article 16.- (new) (1) Only one collective management organization may be established in each of the following categories of copyright or related rights:
– Category A: literature, dramatic arts, dramatic-musical arts, choreography, and other arts of the same kind; – Category B
: musical art;
– Category C: audiovisual and photographic arts;
– Category D: graphic and plastic arts;
– Category E: related rights.
(2) To establish a collective management organization, the promoters must first:
– obtain the subscription of more than 50% of the rights holders registered in the file of the category concerned;
– provide proof of Cameroonian nationality for the principal officers of the administrative and management bodies of said organization;
– be incorporated as a non-profit civil society;
– have collective management as its sole purpose;
– remain accessible to all copyright holders of the category applied for or related rights;
– be constituted in accordance with applicable regulations.
(3) The principal officers referred to in paragraph 1 above are the Chair of the General Assembly and the Board of Directors or any equivalent body, and the Directorate General or any equivalent body of the collective management organization.
Article 17.- (1) The Minister responsible for culture shall maintain and regularly update a national register of rights holders, established based on the registers for all categories transmitted by the collective management organizations.
(2) The procedures for establishing and maintaining the national register of rights holders shall be set by order of the Minister responsible for culture.
Article 18. A new collective management organization may not be created in a category unless the existing organization has been dissolved under the conditions and according to the procedures provided for by the laws and regulations in force.
Article 19. (1) Collective management organizations shall administer and manage themselves freely according to the terms and procedures established by the legislation in force and their governing documents.
(2) The common provisions of the statutes, the electoral code, and the general regulations of collective management organizations shall be established by a separate text.
Article 20. The mechanisms for determining and distributing royalties among collective management organizations shall be established by decision of the Minister responsible for culture, after consultation with the collective management organizations.
Article 21. The methods for determining royalties between collective management organizations and users, with respect to copyright or related rights, shall be established by the agreements binding them.
CHAPTER VIII:
CONTROL OF THE ESTABLISHMENT AND OPERATION OF COLLECTIVE MANAGEMENT BODIES
Article 22.- A Commission is hereby established by this decree, responsible for controlling the establishment and operation of collective management organizations.
Article 23.- (new) (1) The Commission’s mission is to control the establishment and operation of collective management organizations, pursuant to the provisions of Article 76 of Law No. 2000/011 of December 19, 2000, relating to copyright and related rights.
In this capacity, it is responsible for:
a) about the control of establishment:
– ensuring the regularity, authenticity, and conformity of all acts and standard document templates relating to the establishment of collective management organizations;
– ensuring compliance with the required conditions and procedures established for the establishment of collective management organizations;
– to ensure that the collective management body is created in the form of a civil society and with the sole purpose of collective management;
– to ensure compliance with the rules of transparency, impartiality and rotation in the establishment of the administrative and management bodies of the collective management body;
– to ensure the existence of rules allowing the implementation of the responsibility of managers within collective management bodies;
– to ensure the morality and legal capacity of the managers of the administrative and management bodies of the collective management body;
– to ensure that the main managers of the administrative and management bodies of the collective management body possess Cameroonian nationality.
b) Regarding operational oversight:
– to attend the meetings of the governing bodies of collective management organizations, in an advisory capacity;
– to order audits of collective management organizations by an accountant of its choosing;
– to issue opinions, as needed, on agreements between collective management organizations and third parties;
– to monitor the regularity of royalty collection and distribution operations;
– to ensure a fair and equitable distribution of copyright and related rights;
– to ensure the implementation of harmonized and transparent administrative, accounting, and financial management rules by all collective management organizations;
– to ensure that the loss of Cameroonian nationality during the exercise of functions within the administrative and management bodies of the collective management organization results in the automatic termination of said functions for the individual concerned;
– to ensure that collective management organizations operate in accordance with their bylaws, specifications, and administrative, accounting, and financial management rules;
– to carry out any other action related to its missions.
(2) The Commission also issues a mandatory opinion on applications for the granting, renewal, or withdrawal of accreditation to exercise collective management.
(3) The organization and operation of the Commission referred to in paragraph 1 above are established by an order of the Prime Minister.
CHAPTER IX:
GRANTING OF APPROVAL
Article 24. No organization may exercise collective management without accreditation.
Article 25. Any organization wishing to exercise collective management in one of the categories provided for in Article 16 above must submit an application for accreditation to the Minister responsible for culture.
Article 26. (new) (1) The application for accreditation must include:
– an application written in French or English, stamped at the current rate, and indicating in particular the category in which the organization proposes to exercise collective management;
– the statutes and any other governing documents of the collective management organization;
– A certified copy of the deed of incorporation of the collective management organization;
– A list of the principal officers of the administrative and collective management bodies, accompanied for each by a certificate of Cameroonian nationality, a certified copy of their National Identity Card, and a criminal record extract dated within the last three (3) months;
– A receipt for payment of one million (1,000,000) FCFA
to the Special Allocation Account for the Support of Cultural Policy;
– documents justifying the qualifications of the principal officers of the administrative and management bodies of the collective management organization;
– the minutes of the constituent assembly, along with the list of subscription deeds of the rights holders in the category registered in the file maintained by the Ministry in charge of culture;
– a statement of the material resources that the collective management organization intends to implement, as well as its human resources.
(2) The complete file is submitted to the Ministry in charge of culture against a receipt, with a copy to the Collective Management Organizations Control Commission. Within ten (10) days of its receipt, the complete file is submitted for review and opinion to the Collective Management Organizations Control Commission by the Minister in charge of culture.
(3) After this period, and in the event of silence from the Minister in charge of culture, the
Commission examines the file within the period stipulated in Article 27, paragraph 3 below.
Article 27. (1) The Collective Management Organizations Control Commission has fifteen (15) days to return the application
for accreditation, along with its opinion, to the Minister of Culture, with a copy to the Prime Minister.
(2) After this period, and if the Collective Management Organizations Control Commission remains silent, the Minister of Culture shall review the application within the timeframe stipulated in paragraph 3 below.
(3) Upon receipt of the opinion of the Collective Management Organizations Control Commission, the Minister of Culture has fifteen (15) days to forward the application for accreditation, along with their observations and the Commission’s opinion, to the Prime Minister. The Prime Minister’s decision shall be forwarded to the Minister of Culture, with a copy to the Collective Management Organizations Control Commission. (4)
Accreditation, subject to a set of specifications, shall be granted by an act of the Minister of Culture, after approval by the Prime Minister. The constituent elements of these specifications are determined by an order of the Minister responsible for culture.
(5) The rejection of the application for accreditation is justified and notified without delay to the applicant by the Minister responsible for culture.
(6) If the competent authority remains silent for ninety (90) days from the date of submission of the application for accreditation to the Ministry responsible for culture, the Prime Minister shall make a final decision, at the request of the applicant.
(7) Accreditation is granted for a renewable period of ten (10) years. It may not be transferred or leased.
CHAPTER X:
RENEWAL OF APPROVAL
Article 28.- (1) The renewal application must be submitted at least twelve
(12) months before the expiry of the current approval period.
(2) The renewal application must be accompanied by a file containing:
– the accounts for the last eight (8) fiscal years, certified by an approved and independent auditor;
– statements on the collection, allocation, and distribution of royalties to rights holders for the last eight (8) years;
– a receipt for payment of the sum of three million (3,000,000) FCFA
to the Special Allocation Account for the Support of Cultural Policy.
(3) The approval is renewed following the same procedures as those for its initial granting.
Article 29.- (1) Only the commission of one of the serious offenses referred to in Article
30 below can justify the non-renewal of the approval.
(2) The decision not to renew accreditation must be reasoned and notified to the organization concerned.
CHAPTER XI:
WITHDRAWAL OF ACCREDITATION
Article 30.- (1) The Minister responsible for culture may withdraw the accreditation of a collective management organization for serious misconduct.
(2) The following constitute serious misconduct:
– concealment of a reason which, at the time of the application for granting or renewal, could have justified the refusal of accreditation;
– refusal by the General Assembly to comply with an order from the Minister responsible for culture aimed at correcting observed irregularities, managerial abuses by its governing bodies, or violations of its bylaws;
– violation of applicable laws or regulations.
(3) Accreditation is withdrawn by a reasoned decision of the Minister responsible for culture, after approval by the Prime Minister. The withdrawal decision is notified to the collective management organization concerned.
CHAPTER XII:
MISCELLANEOUS, TRANSITIONAL, AND FINAL PROVISIONS
Article 31. (1) Refusal to grant, refusal to renew, and withdrawal of accreditation shall give rise to the judicial liquidation of the assets of the collective management organization concerned.
(2) To this end, and without prejudice to the general provisions applicable to civil law companies, the Minister responsible for culture shall refer the matter to the competent court, which shall order the liquidation.
Article 32. Collective management organizations holding a valid accreditation shall have a period of twelve (12) months from the date of publication of this decree to comply with its provisions.
Article 33. In the event of refusal to renew or withdrawal of accreditation before its expiry, rights holders are free to manage their rights directly or to establish a new collective management organization.
Article 34. This decree repeals Decree No. 2001/956/PM of November 1,
2001, which sets forth the implementing provisions of Law No. 2000/011 of December 19, 2000, governing copyright and related rights, and its subsequent amendments, as well as all other prior conflicting provisions.
Article 35. This decree shall be registered, published according to the emergency procedure, and then inserted in the Official Gazette in French and English.
Yaoundé, September 25, 2015
The Prime Minister, Head of Government, Philemon YANG
DECREE No. 0002/MINAC/CAB OF MARCH 28, 2016 ESTABLISHING THE COMMON PROVISIONS APPLICABLE TO THE STATUTES, GENERAL REGULATIONS AND ELECTORAL CODES OF COLLECTIVE MANAGEMENT ORGANIZATIONS FOR COPYRIGHT AND RELATED RIGHTS, AMENDED AND SUPPLEMENTED BY DECREE No. 0011/MINAC OF SEPTEMBER 22, 2016
The Minister of Arts and Culture,
Having regard to the Constitution;
Having regard to Law No. 2000/011 of December 19, 2000 relating to copyright and related rights;
Having regard to Decree No. 92/089 of 4 May 1992 specifying the powers of the Prime
Minister, as amended and supplemented by Decree No. 95/145-bis of 4 August 1995;
Having regard to Decree No. 2011/408 of 9 December 2011 on the organization of the
Government;
Having regard to Decree No. 2012/381 of 14 September 2012 on the organization of the Ministry of Arts and Culture;
Having regard to Decree No. 2015/409 of 2 October 2015 on the reorganization of the
Government;
Having regard to Decree No. 2015/3979/PM of 25 September 2015 establishing the implementing provisions of Law No. 2000/011 of 19 December 2000 relating to copyright and related rights;
Having regard to Order No. 090/CAB/PM of September 29, 2015, concerning the organization and operation of the Collective Management Organizations Control Commission, the
following is hereby ordered:
CHAPTER I: GENERAL PROVISIONS
Article 1. (1) This Order establishes the common provisions applicable to the statutes, general regulations, and electoral codes of collective management organizations for copyright or related rights.
(2) It is issued pursuant to the provisions of Article 19, paragraph 2 of the
aforementioned Decree No. 2015/3979/PM of September 25, 2015.
Article 2. The common provisions set forth rules and principles of binding application in the drafting of the statutes, general regulations, and electoral codes of Collective Management Organizations, particularly for the purpose of obtaining accreditation to exercise the collective management of copyright or related rights.
CHAPTER II:
COMMON PROVISIONS APPLICABLE TO BYLAWS
Article 3.- (1) The bylaws constitute the articles of association of a Collective Management Organization. As such, they determine, in particular, the nature of the organization, its rules of organization and operation, as well as the status of a member.
(2) They establish objective, transparent, and non-discriminatory conditions for membership.
Article 4.- The common provisions applicable to the bylaws of Collective Management Organizations
relate to:
– procedures for incorporation;
– incompatibilities;
– procedures for managing financial resources;
– obligation to provide information;
– procedures for dissolving and liquidating the Collective Management Organization.
Article 5.- (new) (1) Rights holders representing more than 50% of those registered in the relevant category’s file, and who demonstrate Cameroonian nationality among the principal officers of the administrative and management bodies of the collective management organization, and who have decided to establish such an organization, shall constitute a General Assembly representing all members.
(2) The General Assembly referred to in paragraph (1) above shall remain open to any new member under the conditions outlined in the statutes of the Collective Management Organization.
(3) Membership automatically confers membership in the
General Assembly.
(4) Notwithstanding the provisions of paragraph (3) above, each Collective Management Organization shall determine the procedures for the representation of its members at the General Assembly.
Article 6. (1) The functions of members of governing bodies other than the General Assembly of National Collective Management Organizations are incompatible with those of:
– Member of bodies of another National Collective Management Organization;
– Member of a body of another Collective Management Organization in a foreign country; – Manager of a company within the user portfolio of the Collective
Management Organization. (2) The status of member, beneficiary, or successor of an employee within the same Collective Management Organization. Article 7. (1) The statutes set the ceiling for all expenses related to the operation of the company at 20% of its resources, the remainder being allocated for distributions to beneficiaries. (2) Notwithstanding the provisions of paragraph (1) above, this ceiling is increased to 35% of resources for the first three (3) years of the establishment of the Collective Management Organization.
(3) The first three (3) years referred to in paragraph (2) above shall be understood to mean the first three (3) full fiscal years from the date of obtaining approval for collective management by the Collective Management Organization.
Article 8.- (1) Members of the Collective Management Organization have the right to obtain any corporate document prepared or received by the Collective Management Organization and to ask written or oral questions.
(2) Any interested person has the right to access information relating to the register of members as well as the register of works of the Collective Management Organization.
Article 9.- The Collective Management Organization shall be dissolved by:
– the expiry of its term;
– the fulfillment or cessation of its purpose;
– the withdrawal or refusal to renew its approval;
– a decision of the General Assembly;
– a court decision.
CHAPTER III:
COMMON PROVISIONS APPLICABLE TO GENERAL REGULATIONS
Article 10. – General regulations are a set of provisions that supplement the statutes of a relevant Collective Management Organization and establish the procedures for collection, documentation, and distribution.
Article 11. – (1) After each distribution, royalties due to undocumented works and/or performances, videograms, and phonograms are held for a period of three (3) years in a special reserve account until they are documented.
(2) The Collective Management Organization is required to inform the presumed or known rights holders by any means that leaves a written record.
(3) Undistributable royalties due to works and/or performances, videograms, and phonograms are consolidated in the special account referred to in paragraph (1) above. They are allocated to the social and cultural activities of the Collective Management Organization concerned.
CHAPTER IV:
COMMON PROVISIONS APPLICABLE TO ELECTORAL CODES
Article 12. Electoral codes consist of a set of provisions that supplement and clarify, about elections, the statutes and general regulations of a Collective Management Organization. As such, they establish the eligibility requirements and the status of voter, as well as the voting methods applicable to the various statutory bodies of the Collective Management Organization concerned.
Article 13. The provisions common to the electoral codes of
Collective Management Organizations relate to the conditions of eligibility and ineligibility.
Article 14.- (new) (1) Without prejudice to the provisions of Articles 5 and 6 of this decree, any rights holder who is a candidate for office within the governing bodies of collective management organizations must be of Cameroonian nationality.
(2) Any rights holder who is a candidate for office within the governing bodies of collective management organizations and who is legally incapacitated, disqualified, or of poor moral character is ineligible. In all cases, the electoral codes establish objective and non-discriminatory grounds for ineligibility.
CHAPTER V: MISCELLANEOUS AND FINAL PROVISIONS
Article 15.- Specific provisions consist of rules specific to each Collective Management Organization.
Article 16.- (1) The introduction, drafting, and/or formulation of a specific provision falls within the competence of the governing bodies of the Collective Management Organizations.
(2) In any event, specific provisions must comply with duly ratified international conventions, applicable laws and regulations, and the specific operating procedures of each category of copyright or related rights for which authorization to exercise collective management is sought. (3
) No specific provision may have the effect of derogating from any of the common provisions set forth above.
(4) Under penalty of refusal or withdrawal of authorization, no derogation from the common provisions established by this decree is permitted.
Article 17. This decree shall be registered, published according to the emergency procedure, and then inserted in the Official Journal in French and English.
Yaoundé, March 28, 2016
The Minister of Arts and Culture, Prof. Narcisse MOUELLE KOMBI
ORDER No. 0012/MINAC OF SEPTEMBER 27, 2016 ESTABLISHING THE PROCEDURES FOR ESTABLISHING AND MAINTAINING THE NATIONAL REGISTER OF HOLDERS OF COPYRIGHT AND RELATED RIGHTS
The Minister of Arts and Culture,
Having regard to the Constitution;
Having regard to Law No. 2000/011 of December 19, 2000 relating to copyright and related rights;
Having regard to Decree No. 92/089 of May 4, 1992 specifying the powers of the Prime Minister, as amended and supplemented by Decree No. 95/145 bis of August 4, 1995;
Having regard to Decree No. 2011/408 of December 9, 2011 concerning the organization of the
Government;
Having regard to Decree No. 2015/434 of 2 October 2015 concerning the reorganization of the
Government;
Having regard to Decree No. 2015/3979/PM of 25 September 2015 establishing the implementing provisions of Law No. 2000/11 of 19 December 2000 relating to copyright and related rights, as amended and supplemented by Decree No. 2016/4281 of 21 September 2016,
Decree:
Article 1. – This decree establishes the procedures for creating and maintaining the national register of copyright and related rights holders.
Article 2. – (1) The national register of copyright and related rights holders comprises a general directory and a special directory for each category of copyright or related rights.
(2) It indicates:
– for each registered natural person, the surname(s), first name(s), any pseudonym(s), gender, capacity, title(s) of the work(s)
giving rise to registration, telephone number(s), and email address (if applicable);
– for each registered legal entity, the name, status, capacity, telephone number(s), title(s) of the work(s) giving rise to registration, the name or capacity of the representative or sole proprietor, and email address (if applicable).
Article 3. (1) The national register of copyright and related rights holders provides, for each registered individual, a unique identification code called the “National Holder Identifier,” abbreviated “INT” and hereinafter referred to as the “INT code.”
(2) The INT code referred to in paragraph 1 above is unique and permanent. It may not be reused.
Article 4. All data in the national register of copyright and related rights holders are centralized in a single database.
Article 5. – For the purpose of establishing the national register of copyright and related rights holders, the Collective Management Organizations or the Collective Management Organizations Control Commission established by Decree No. 2015/3979/PM of September 25, 2015, referred to above, shall transmit to the Minister responsible for arts and culture, in both paper and digital formats, the data from the files of rights holders in all categories.
Article 6. – (1) The Minister responsible for arts and culture shall submit the data from the files received to the Collective Management Organizations Control Commission for its opinion.
(2) The Collective Management Organizations Control Commission shall transmit its duly reasoned conclusions to the Minister responsible for arts and culture upon completion of its work.
(3) The Minister responsible for arts and culture shall establish and publish the provisional national register of copyright and related rights holders.
Article 7. (1) Within one (1) month of the date of publication of the provisional national register, claims or requests from copyright and related rights holders may be submitted in writing to the Minister responsible for arts and culture.
(2) Claims or requests from copyright and related rights holders may be submitted either directly to the Ministry responsible for arts and culture, at its regional offices, or sent by email.
(3) On pain of rejection, any claim or request from copyright and related rights holders must be individual, substantiated, and accompanied by all evidence that may support the claim.
Article 8. (1) Claims or requests from copyright and related rights holders shall be examined and processed by the Collective Management Organizations Control Commission.
(2) Based on its findings, the Minister responsible for arts and culture shall publish the national register of copyright and related rights holders.
Article 9. (1) Any interested party has the right to consult the national register of copyright and related rights holders to ensure that it contains reliable information concerning them.
(2) They may, by submitting a request to the Minister responsible for arts and culture, request, as appropriate, to be included in the register, or to have their information recorded, corrected, supplemented, updated, or deleted.
(3) Requests shall be submitted to the Ministry responsible for culture, its regional delegations, or sent by email, and examined first by the Collective Management Organizations Control Commission and last by the Arbitration Commission.
(4) The Collective Management Organizations Control Commission and the Arbitration Commission shall issue their opinions and submit their reasoned conclusions to the Minister responsible for arts and culture.
(5) Based on the conclusions of these two Commissions, the Minister responsible for arts and culture shall decide whether or not to amend the national register of copyright and related rights holders.
Article 10. The national register of copyright and related rights holders shall be revised annually, in accordance with the procedures laid down in this decree.
Article 11. This decree shall be registered, published following the emergency procedure, and then inserted in the Official Gazette in French and English.
Yaoundé, September 27, 2016
The Minister of Arts and Culture, Prof. Narcisse MOUELLE KOMBI
MEMORANDUM OF UNDERSTANDING BETWEEN THE COLLECTIVE MANAGEMENT ORGANIZATIONS FOR COPYRIGHT AND RELATED RIGHTS IN THE FOLLOWING CATEGORIES:
CATEGORY A:
LITERATURE, DRAMATIC ARTS, DRAMATIC-MUSICAL, CHOREOGRAPHIC AND OTHER ARTS OF THE SAME KIND
CATEGORY B: MUSICAL ART CATEGORY C:
AUDIO-VISUAL AND PHOTOGRAPHIC ARTS
&
THE DIRECTORATE GENERAL OF CUSTOMS
Between the undersigned:
– The collective management organization for copyright and related rights of category A: literature, dramatic arts, dramatico-musical, choreographic and other arts of the same kind;
– The collective management organization for copyright and related rights in category B: musical art;
– The collective management organization for copyright and related rights in category C: audiovisual and photographic arts,
Hereinafter referred to as “the collective management organizations (CMOs)”, represented by their respective Directors General,
ON THE ONE HAND, AND
the Directorate General of Customs BP: 33035 Yaoundé – Cameroon, Tel: 00237 22 20 25 46, represented by its Director General, Ms. LIBOM LI LIKENG Minette, hereinafter referred to as “Customs”,
ON THE OTHER HAND,
– Desiring to organize a framework conducive to the implementation of the implementing texts of Law No. 2000/011 of December 19, 2000 relating to copyright and related rights with a view to closer collaboration;
– Anxious to see professional relations normalized and formalized in a spirit of solidarity and in the common interest of our respective institutions;
– Considering that the application of this protocol does not prejudice the customs rules and practices in force, the following has been agreed.
Article 1 – Purpose
The purpose of this protocol is to organize the framework for collaboration between
collecting societies and Customs in the areas listed in Article 2 below.
Article 2 – Scope
The scope of this protocol covers the following areas:
– (1) Control of the fight against piracy of protected literary and artistic works;
– (2) Collection of import duties on blank media and devices enabling the copying of protected works;
Article 3 – Control and the fight against piracy of works
In the context of the control and the fight against piracy of literary and artistic works, the Customs service supports the actions of collecting societies by:
(1) the control of imports to ensure compliance with the legal and regulatory provisions applicable to works under customs supervision;
(2) the fight against piracy of works by the application of customs regulations while implementing the “Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).”
Article 4.- Collection of remuneration
In application of Decree No. 2001/956/PM of 21 November 2001 setting out the modalities of application of Law No. 2000/011 of 9 December 2000 relating to copyright and related rights, and of Decision No. 004/038/MINCULT/CAB of 14 July
20004 authorizing the collection of the rights due for private copying of printed works, the customs services are authorized to collect this remuneration on behalf of the approved collective management body in this field, upon the importation and putting into circulation of devices used in Cameroon.
Pursuant to Decree No. 2001/956/PM of November 21, 2001, establishing the implementing regulations for Law No. 2000/011 of December 9, 2000, concerning copyright and related rights, and Decision No. 004/038/MINCULT/CAB of July 14,
2004, authorizing the collection of royalties due for private copying of commercial videograms and phonograms, the Customs services are authorized to collect this remuneration on behalf of approved collective management organizations in this field upon the importation and distribution of these media in Cameroon.
Article 5 – Allocation of Funds
The sums collected by Customs are allocated as follows:
– (1) ten percent (10%) for the operation of the Customs services;
– (2) five percent (5%) for the operation of the Treasury services;
Eighty-five percent (85%) to be paid into an off-budget account opened by the Directorate General of the Treasury and held at the Douala Treasury, entitled “Special Deposit Account for Copyright and Related Rights Royalties,” no later than the tenth (10th) of each month.
Article 6 – Computer and Document Processing:
Customs undertakes to automate the collection of royalties due for private copying of printed works, phonograms, and commercial videograms. It will configure the existing automated customs system accordingly.
However, non-automated decentralized units will collect the royalties due, to be settled on receipts modified accordingly.
Customs undertakes to provide computer access to collective management organizations.
Article 7 – Dispute Resolution
Any difficulty or dispute arising in the application of this protocol shall be submitted to amicable settlement or negotiation between the parties under the arbitration of the Ministers in charge of Culture and Finance.
Article 8 – Duration of the Protocol
This protocol, which shall be implemented gradually, shall take effect from the date of signature for a period of three (3) years, renewable by tacit agreement.
Any denunciation by either party must be made three (3) months before the renewal date.
Done at Yaoundé, on July 28, 2011 (In five (5) original copies). For:
The Directorate General of Customs, The Organization of Literature, Dramatic Arts, Dramatic-Musical, Choreographic and Other Arts, The Organization of Musical Art,
The Organization of Audiovisual and Photographic Arts.
APPENDIX 1:
List of media eligible for the first phased implementation of the Customs/Collective Management Organizations Agreement on Copyright and Related Rights
SOUND RECORDING MEDIA
– Audio CD-R
– MP3 Player
– USB Flash Drive
– Cameras
AUDIOVISUAL RECORDING MEDIA
– Computer data storage media: magneto-optical discs, Zip disks and hard drives
– Set-top boxes, tape recorders, televisions with integrated hard drives
– Mobile phones
– DVDs
REPRODUCTION/REPROGRAPHIC EQUIPMENT
– Printers
– Photocopiers
– Scanners
– Fax machines