ORDER ON COPYRIGHT AND NEIGHBORING RIGHTS
LexInter | August 9, 2007 | 0 Comments

Order On Copyright And Neighboring Rights

Ordinance No. 97-10 of 27 Chaoual 1417 corresponding to March 6, 1997 relating to copyright and neighboring rights.
ARTICLE 1
 The purpose of this ordinance is to define copyright and related rights, as well as literary and / or artistic works protected and to set the penalties for the damages suffered by the violation of these rights.
ARTICLE 2
   The provisions of this ordinance guarantee the protection of the rights:
   – the author of literary and / or artistic works, the performer, the producer of phonograms and / or videograms and sound and / or audio-visual broadcasting organizations,
   – rules for the collective management of rights as well as the protection of works of the traditional cultural heritage and of national works in the public domain.
ARTICLE 3
   Any creation of a literary and / or artistic work which has an original character confers on its author the rights provided for by this ordinance.
   Protection is granted regardless of the genre, form and mode of expression, merit or destination of the work from the creation of the work, whether or not it is fixed on a medium allowing its communication to the public.
ARTICLE 4
   The protected literary and / or artistic works are in particular:
   a) written literary works such as literary essays, scientific and technical research, novels, short stories and poems, computer software and programs and works expressed orally, such as lectures, addresses, sermons and other works by same nature,
   b) all works of the theater, dramatic and dramatico-musical works, choreographies and pantomime works,
   c) musical works with or without words,
   d) cinematographic works and other audiovisual works whether or not accompanied by sound,
   e) works of plastic and applied arts such as painting, drawing, sculpture, lithographic engraving and tapestry,
   f) drawings, sketches, plans, models of architectural works and technical works,
   g) charts, maps and drawings relating to topography, geography or science,
   h) photographic works and works expressed by a process analogous to photography,
   i) creations of clothing, fashion and adornment.
ARTICLE 5
   The following are also protected as works:
   – translations, adaptations, musical arrangements, editorial revisions and other original transformations of literary and / or artistic works,
   – collections and anthologies of works, collections of works of traditional cultural heritage and collections of simple data which by the choice, coordination or arrangement of materials are original.
   Protection is conferred on the author of derivative works without prejudice to the rights of the authors of the original works.
ARTICLE 6
   The title of a work is protected like the work itself when it presents a character of originality.
ARTICLE 7
   The ideas, concepts, principles, systems, processes, procedures, operating modes, related to the creation of works of the mind, are not protected as such, except in the way in which they are incorporated, structured, arranged in the protected work and in the formal expression independent of their description, explanation or illustration.
ARTICLE 8
   Benefit from the specific protection provided for by the provisions of this ordinance, works of traditional cultural heritage and national works which have fallen into the public domain.
   The works of traditional cultural heritage are made up of:
   – works of traditional classical music,
   – musical works and popular songs,
   – popular expressions, produced, developed and perpetuated within the national community and characteristic of the traditional culture of the country,
   – folk tales, poetry, dances and shows,
   – popular works of art such as drawing, painting, carving, sculpture, pottery and mosaic,
   – work on metal objects, wood, jewelry, basketwork and needlework, carpets, textiles.
   National works that have fallen into the public domain are literary and / or artistic works for which the term of protection of economic rights for the benefit of their author and beneficiaries under the provisions of this ordinance has expired.
ARTICLE 9
   State works made lawfully accessible to the public may be freely used for non-profit purposes, subject to respect for the integrity of the work and the indication of the source.
   For the purposes of this article, State works are understood to mean works produced and published by the various State bodies, local communities and public administrative establishments.
ARTICLE 10
   Without prejudice to the provisions relating to inheritance and donations, works devolved to the State by donation or succession remain subject to the legal protection regime which governed them before said devolution.
ARTICLE 11
   Laws and regulations, decisions and administrative acts of state and local government bodies, court decisions and the official translation of these texts are not subject to the copyright protection provided for by this ordinance. .
ARTICLE 12
   The author of a literary and / or artistic work within the meaning of this ordinance is the natural person who created it. A legal person may however be considered as an author in the cases provided for by this ordinance.
ARTICLE 13
   The owner of copyright is presumed, unless proven otherwise, the natural or legal person under whose name the work has been declared or made lawfully accessible to the public or who has declared it in its name, to the Office national copyright law and related rights provided for in article 131 of this ordinance.
   When the work is published without mentioning the name of the author, the person who made it lawfully accessible to the public is, unless proved otherwise, presumed to represent the owner of the rights.
   When the anonymous work is published without mentioning the identity of the person who made it accessible to the public, the exercise of rights is ensured by the national office for copyright and neighboring rights until identification of the rights holder.
ARTICLE 14
   “The composite work” is the work which integrates by insertion, juxtaposition or intellectual transformation, a work or fragments of original works, without the participation of the author of the original work or of the fragments of incorporated works.
   The rights in the “composite work” belong to the person who creates the work, subject to the rights of the author of the original work.
ARTICLE 15
   The work is created in “collaboration” when several authors have collaborated in its creation and / or production.
   The collaborative work may only be disclosed under the conditions agreed by the rights holders.
   The rights belong to all of its co-authors; they exercise them in accordance with the conditions agreed upon jointly. Otherwise, the rules relating to joint ownership are applied.
   No co-author can oppose, without justified reason, the exploitation of the work in the agreed form.
   The separate exploitation by an author of his constitutive contribution of the disclosed collaborative work is permitted if it does not prejudice the normal exploitation of the work as a whole and
 subject to citing the source. Any stipulation to the contrary is void.
ARTICLE 16
   The co-authors of the audiovisual work are the natural persons who have directly contributed to the intellectual creation of the work.
   In particular, the following are considered co-authors of an audiovisual work:
   – the author of the script,
   – the author of the adaptation,
   – the author of the spoken text,
   – director,
   – the author of the original work when the audiovisual work is taken from a pre-existing work,
   – the author of the musical composition with or without words specially produced for the work
audiovisual,
   – the main designer (s) in the case of a cartoon.
ARTICLE 17
   A radio work is one created by the author of a literary or musical work for broadcasting purposes.
   The authors of the radiophonic work are the natural persons who directly contribute to its intellectual creation.
ARTICLE 18
   A “collective” work is the work created by several authors at the initiative and under the direction of a natural or legal person who publishes it in their name.
   The contributions of the co-authors, integrated into the constitutive set of the work, cannot give separate rights to each co-author, over the set thus produced.
   Unless otherwise stipulated, the copyright in the collective work belongs to the natural or legal person who took the initiative for the creation of the work, its production and its publication under his name.
ARTICLE 19
   When the work is created under a contract or an employment relationship, the employer is, unless otherwise stipulated, vested with the ownership of the copyright for the exploitation of the work within the framework of of the purpose for which the work was produced.
ARTICLE 20
   When the work is created under a business contract, the person who ordered the work is, unless otherwise stipulated, vested with the ownership of the copyright, within the framework of the purpose for which the work has been completed.
ARTICLE 21
   The author has moral and economic rights over the work he creates. Moral rights are inalienable and imprescriptible and cannot be waived.
   The economic rights are exercised by the author, his representative or any other right holder within the meaning of this ordinance.
ARTICLE 22
   The author has the right to disclose his work, under his name or under a pseudonym.
   He can entrust this right to a third party. After the death of the author, except testamentary provisions
 particular, the right of disclosure belongs to his heirs. In the event of disagreement between the heirs, the court seised by the most diligent party rules on the disclosure of the work.
   In the event that the heirs refuse the disclosure of a work of interest to the national community, the Minister in charge of culture or his representative may himself or at the request of third parties, seize the court to rule on the disclosure of the artwork.
   When the author has died without heirs, the Minister responsible for culture or his representative may apply to the competent court to obtain authorization to disclose the work.
ARTICLE 23
   The author has the right to require the mention, in the usual form, of his patronymic name or his pseudonym as well as his capacity on the appropriate supports of the work.
   He may also require, when customs and deontology allow it, the mention of his surname or his pseudonym for all forms of ephemeral communication of the work to the public.
ARTICLE 24
   The author who considers that his work is no longer in conformity with his convictions may interrupt the production of the public communication medium of the work by exercising his right to repent or withdraw the work already published from the circuit of communication to the public. by exercising his right of withdrawal.
   The author can however exercise this right only after having paid to the beneficiaries of the ceded rights, the fair compensation for the damages that his action causes them.
ARTICLE 25
   The author has the right to demand respect for the integrity of his work and to oppose any modification, deformation or alteration of the work, which would damage his reputation as an author and his honor or to its legitimate interests.
ARTICLE 26
   After the death of the author of the work, the right to paternity and the right to respect for the work as recognized by articles 23 and 25 above, will be exercised by the heirs or by any natural person or morality to which these rights have been entrusted by will.
   In the event of a dispute between the heirs of the author of the work, the court, seized by the most diligent party, rules on the exercise of the rights referred to in the above paragraph.
   In the absence of heirs, the national office of copyright and neighboring rights may exercise the rights provided for in paragraph 1 of this article in the best interests of the author.
ARTICLE 27
   The author has the right to exploit his work in any form whatsoever and to derive pecuniary income from it.
   Subject to the provisions of this Ordinance, he has the exclusive right to do or authorize to be done, in particular the following acts:
   – reproduction of the work by any means whatsoever,
– putting the original or copies of the work into circulation to the public through the rental of audiovisual works, the professional rental of software and databases,
   – communication of the work to the public by representation or public performance,
   – communication of the work to the public by sound or audio-visual broadcasting,
   – communication of the broadcast work to the public by wire, optical fiber, cable distribution or any other means transmitting signs carrying sounds or images and sounds,
   – communication of the broadcast work by wireless retransmission by an organization other than the original one,
   – transmission of the broadcast work to the public by means of a loudspeaker, radio or television set placed in an open place,
   – communication of the work to the public by any computer processing system,
   – the translation, adaptation, arrangement and other transformations of his work giving birth to derivative works.
ARTICLE 28
   The author of a work of plastic art benefits from the proceeds of the resale of the original copy, carried out by auction or by professionals in the plastic arts trade.
   This right is inalienable. It is transmitted to the heirs within the limits of the term of protection enshrined in this ordinance.
   The author’s participation rate is set at 5% of the amount of the resale of the work.
   The terms of application of this article will be fixed by regulation.
ARTICLE 29
   The reproduction of a musical work with or without words already communicated to the public by means of a lawful recording may be authorized by the national office for copyright and neighboring rights, against fair remuneration, if the author or the owner of the rights is not represented by this office.
   The aforementioned remuneration is determined on the basis of the criteria retained for the calculation of the royalties due to works of the same nature whose registration has been authorized by a voluntary license issued by the office as representative of the author or of any other rights holder.
ARTICLE 30
   The sound or television broadcasting or the cable distribution of a work, already made accessible to the public, with the authorization of the author, is lawful in return for an equitable remuneration, if the author is not represented by the national office of copyright and neighboring rights representing the authors.
   The remuneration due to the author is determined on the basis of criteria retained for the calculation of the royalties accruing to works of the same nature the registration of which has been authorized by a voluntary license issued by the Office as representative of the authors.
ARTICLE 31
   The communication to the public by cable distribution of the broadcast work is lawful, with the authorization of the national office of copyright and neighboring rights, against equitable remuneration of the author if it is carried out simultaneously with the broadcasting and without modification of the broadcast program.
   The remuneration due to the author is determined on the basis of the criteria retained for the calculation of the royalties due to works of the same nature whose cable distribution has been authorized within the framework of a voluntary license issued by the aforementioned office, representing the authors. , to the cable company distributing its own program.
ARTICLE 32
   The exploitation of a work disclosed under the conditions of article 27, paragraphs 4 and 8 of this ordinance, gives rights holders the right to fair remuneration assessed by the competent court.
ARTICLE 33
   Any literary or artistic work, produced in printed form, audiovisual radio or any other form, intended for school or university education, may give rise to:
   – a compulsory license of non-exclusive translation for the purposes of publication in Algeria, in the form of graphic editing or by sound or television broadcasting if it has not been translated into the national language and put into circulation or communicated to the public one year after the first publication.
   – a compulsory license of non-exclusive reproduction for the purposes of publication, if it has not been published in Algeria at a price equivalent to that charged by national editions, three (3) years after its first publication if it is of a scientific work, seven (7) years after its first publication, in the case of a work of fiction, and five (5) years after the first publication for any other work.
   The license referred to in the above paragraphs is issued by the national office of copyright and neighboring rights, in accordance with the international conventions duly ratified.
ARTICLE 34
   For the purposes of granting the compulsory license, the national office of copyright and neighboring rights must simultaneously and in accordance with the procedures indicated below:
   – seize the owner of the copyright or his representative, of the request for authorization of translation or reproduction presented by the applicant.
   – inform any international or regional center concerned, indicated as such in a notification filed with international institutions managing international conventions relating to copyright and of which Algeria is a member.
ARTICLE 35
   The compulsory license for translation into the national language is issued nine (9) months after the sending of the request for authorization and the copies of information, to the recipients provided for in article 34 above, each time it is not it was not possible to reach the rights holder or obtain his authorization.
ARTICLE 36
   The compulsory license to reproduce the work is issued six (6) months after the sending of the request for authorization and the copies of information, to the recipients provided for in the last paragraph of article 34 above, if it is a scientific work and three (3) months for other works, whenever it has not been possible to contact the rights holder or obtain his authorization.
ARTICLE 37
   The compulsory license will not be granted if, after sending the request provided for in paragraph 1 of Article 34 of this Ordinance within the time limits referred to in Articles 35 and 36 above, the holder of the rights or his representative, puts into circulation in Algeria, the translation and / or reproduction of the work concerned, under the same conditions, price and form as those proposed by the applicant.
ARTICLE 38
   The compulsory license for translation or reproduction is not transferable by the beneficiary. It is granted exclusively within the national territory.
   However, copies of works produced under compulsory license may be sent and distributed by any national public service to nationals residing abroad, in compliance with Algeria’s international commitments in the matter.
ARTICLE 39
   The beneficiary of the compulsory translation or reproduction license must use the work with respect for the moral rights of the author.
   He must pay the rights holder fair remuneration. This remuneration is collected by the national office of copyright and neighboring rights and paid to the rights holder.
ARTICLE 40
   The compulsory authorization of translation or reproduction of the work is deemed null if the holder of the rights of the work whose translation or reproduction is authorized publishes his work or has it published under the same conditions, offers, form, content or at the price equal to that of the publication made by the beneficiary of the compulsory authorization. However, the exhibition of copies produced before the expiry of the authorization period will remain in force until exhaustion.
ARTICLE 41
   Without prejudice to the provisions of article 125, the reproduction and / or translation of the work in a single copy, as well as any adaptation or any other transformation, intended for personal and family use, is considered possible.
   However, private reproduction does not apply to works of architecture in the form of a building as well as to databases.
ARTICLE 42
   Are lawful and do not infringe copyright, pastiches, parodies, caricatures which do not constitute an infringement of the original work and do not imply discredit.
   Quotations and borrowings from one work in another work are also lawful if they comply with the fair use of information and demonstration sought. The use of such borrowings and quotes must, however, always indicate the name of the author and the source.
ARTICLE 43
   The use of a literary and / or artistic work by way of illustration in a publication, in sound or audiovisual recording or in a sound or television broadcasting program, intended for education or professional training, is lawful to the extent where it is justified by the goal to be achieved.
   It must indicate the source and the name of the author, in accordance with good practice.
ARTICLE 44
   The free representation or performance of the work is lawful:
   – in a family circle,
   – in educational and training establishments for their strictly educational needs.
ARTICLE 45
   Libraries and archives, the activities of which are neither directly nor indirectly aimed at achieving commercial profit, may, without the permission of the author or other holder of copyright in the work, reproduce this work in a single copy by reprographic reproduction.
ARTICLE 46
   Libraries and archives may reproduce a work in the form of an article or another short work or a short extract of a writing with or without illustrations, published in a collection of works or in a journal issue. or periodicals, with the exception of computer programs and when the reproduction is intended to meet the request of a natural person, on condition:
   – that the copy made will only be used for study or university or private research,
   – that the act of reproduction constitutes an isolated act occurring, if it is repeated, on distinct and unrelated occasions,
   – that no collective license allowing such copies to be made can be obtained from the national office for copyright and neighboring rights.
ARTICLE 47
All libraries and archives may reproduce a copy of a work without the permission of the author or any other rights holder, in order to meet the request of the library or the archive center and to preserve a copy of the work or to replace it in the event that it is destroyed, lost or rendered unusable provided:
   – that it is impossible to obtain a new copy on acceptable terms,
   – that the act of reproduction reprography constitutes an isolated act occurring, if it is repeated, on distinct and unrelated occasions.
ARTICLE 48
   Is considered lawful, without authorization of the author or remuneration, but subject to indicating the source and the name of the author, the reproduction or the communication to the public by any media of information, of news articles disseminated by the written or audiovisual press, unless expressly stated that use is prohibited for such purposes. News of the day, current events which have the strictly informative character can be freely used.
ARTICLE 49
   Is considered lawful, without authorization of the author or remuneration, subject to indicating the source and the name of the author, the reproduction or the communication to the public by the media of information, of conferences or speeches, delivered at the opportunity for public events, for information purposes. The full recovery of the works referred to above with a view to their publication is reserved for the author.
ARTICLE 50
   The reproduction, communication or use of a work necessary for the administration of proof in administrative or judicial proceedings is lawful without the author’s authorization or remuneration.
ARTICLE 51
   The reproduction or communication to the public of a work of architecture or of fine art, of a work of applied art or of a photographic work is considered lawful without the author’s authorization or remuneration when it is located in permanence in a public place, with the exception of art galleries, museums and listed cultural and natural sites.
ARTICLE 52
   The conservation of an ephemeral recording by a sound or television broadcasting organization of a work that it is authorized to broadcast is considered lawful without the author’s authorization or remuneration, insofar as this conservation is of an exceptional documentary character.
ARTICLE 53
   Without the permission of the author or other copyright owner, the reproduction in a single copy or adaptation of a computer program by the rightful owner of a copy of such program is lawful, provided that the copy or adaptation made is necessary:
   – the use of the computer program for the purpose for which it was acquired and in accordance with the conditions that prevailed at the time of its acquisition,
   – replacement for archiving purposes of the legitimately held copy of the computer program in the event that it has been lost, destroyed or rendered unusable.
ARTICLE 54
   The reproduction in a single copy or the adaptation of a computer program may in no case be the object of other uses than those provided for in article 53 above. Any reproduction of a copy or adaptation of a computer program must be destroyed in the event that possession of the copy of the computer program ceases to be lawful.
ARTICLE 55
   The economic rights are protected for the benefit of the author during his life and for fifty (50) years, from the beginning of the calendar year following his death, for the benefit of his beneficiaries.
ARTICLE 56
   For works of collaboration, the protection period provided for in article 55 expires at the end of the calendar year of the death of the last survivor of the collaborators.
   When one of the deceased co-authors has no heirs, his share in the common work is managed by the national office of copyright and neighboring rights for the benefit of the other co-authors of the artwork.
ARTICLE 57
   The term of protection of economic rights over the collective work is fifty (50) years from the beginning of the calendar year following its publication.
ARTICLE 58
   The term of protection of economic rights on the pseudonymous or anonymous work is fifty (50) years from the beginning of the calendar year following its publication.
   If the identity of the author is no longer in doubt, the term of protection is fifty (50) years from the start of the calendar year following the author’s death.
ARTICLE 59
   The term of protection of economic rights in the audiovisual work is fifty (50) years from the date on which the work was made lawfully accessible to the public.
   In the event that the audiovisual work has not been made accessible to the public, the term of this protection expires fifty (50) years from the date of its production.
ARTICLE 60
   The term of protection of economic rights on the photographic work or the work of applied art is fifty (50) years from the beginning of the calendar year following the publication of the work.
ARTICLE 61
   The term of protection of economic rights over posthumous works is fifty (50) years from the beginning of the calendar year following the reproduction or communication of the work to the public. However, the term of protection is twenty five (25) years from the start of exploitation or publication for the works referred to in Articles 57 and 58 above.
ARTICLE 62
   The author’s economic rights are transferable inter vivos, against payment or free of charge, in compliance with the provisions of this ordinance. These rights are transferable by reason of death, subject to the provisions of this ordinance and the legislation in force.
ARTICLE 63
   The transfer of the author’s economic rights must be granted by written contract.
   If necessary, the contract can be concluded by exchange of letters or telegrams delimiting the economic rights transferred in accordance with the provisions of article 66 below.
ARTICLE 64
   The consent to the transfer of economic rights of an incapable person is given in accordance with the provisions of the legislation in force.
   However, when the incapable person is gifted with discernment, he can personally express his consent.
   The terms of execution of the contract are set by his tutor.
ARTICLE 65
   The transfer of the author’s economic rights can be total or partial.
   The assignment contract must indicate the nature of the rights assigned and the economic conditions of their assignment, the form of exploitation of the work, the duration of the assignment of rights and the territorial extent of exploitation of the work.
   Any assignment which does not specify the will of the parties in one of the areas indicated in the above paragraph, with the exception of the assignment territory, may be canceled at the simple request of the author or his representatives.
   In the event that the assignment contract does not only mention the operating territory, the assignment is considered made for the sole territory of the country where the assignee’s head office is located.
ARTICLE 66
   The transfer of economic rights for valuable consideration involves remuneration due to the author which must be calculated, as a general rule, in proportion to the operating income, with a guaranteed minimum.
   The remuneration due to the author is however calculated at a flat rate:
   – when the conditions of exploitation of the work do not allow the precise determination of a remuneration proportional to the receipts,
   – when the work is a constituent contribution of a larger work such as encyclopedias, anthologies and dictionaries,
   – when the work is an accessory element in relation to a larger work such as prefaces, presentations, annotations, illustrations,
   – when the work is created to be published in a newspaper or other periodical, as part of a book or service hire.
   The author’s remuneration can also be fixed at a flat rate in the event of transfer of rights by rights holders residing abroad or in relation to users abroad.
ARTICLE 67
   In the event of an injury, the author is entitled to request a review of the contract and failing to agree to take legal action when the agreed fixed remuneration is manifestly lower than fair remuneration in relation to the profit derived from the exploitation. Artwork. Any stipulation to the contrary is void.
   The action for injury may be brought by the author for fifteen (15) years from the date of the assignment.
   Upon the death of the author, his heirs may avail themselves of this provision for fifteen (15) years from the date of death.
ARTICLE 68
   The author must guarantee the rights of the assignee and assist him and act on his side in the event of disturbances by third parties.
ARTICLE 69
   The assignment of the author’s economic rights entails, for the assignee, the obligation to communicate the work to the public and to assert the legitimate interests of the assignor, in accordance with the clauses of the assignment contract and in compliance with the provisions of the this ordinance.
   The exclusive assignment of rights confers on the assignee the right to fully exercise, to the exclusion of any other, the rights assigned to regularly exploit the work.
   The exclusive exercise of the rights relating to the works of authors who have placed their repertoire in collective management, however, cannot be enforced against third parties authorized by the national office of copyright and neighboring rights, only from filing of the exclusivity contract with the office.
   The exclusive assignment of rights loses its effects if the assignee does not communicate the work to the public within the agreed time limits or ceases to use it normally under the conditions provided for in the contract, after a formal notice from the assignor, which has remained unsuccessful for three (3) ( 3 months.
ARTICLE 70
   When the transferred rights are not exploited one year after the delivery of the work, subject of the contract, it can be terminated at the request of the transferor.
ARTICLE 71
   The assignee of the author’s economic rights may not transfer them to a third party without the express authorization of the author or his representatives.
   This obligation may not have the effect of preventing the assignee from organizing the normal exploitation of the work in collaboration with third parties.
   The authorization for retrocession of the author’s economic rights provided for in paragraph 1 of this article may be given by the assignor to the assignee in the contract for the assignment of rights or at the time of transfer to third parties of the exercise of the rights granted in the framework of the exploitation of the work.
   However, the transfer of the rights assigned following a transaction on a goodwill can be carried out without resorting to the consent of the author, subject to the respect, by the purchaser, of the clauses of the original contract determining the conditions of exercise. rights transferred.
ARTICLE 72
   The overall transfer of the author’s economic rights over future works is null.
   However, the power entrusted to the national office of copyright and neighboring rights, for the management of rights relating to current and future works, is lawful.
ARTICLE 73
   The transfer of the author’s economic rights is limited only to the modes of exploitation of the work provided for in the contract.
   It cannot be extended by analogy to other modes or to modes of exploitation of works unknown to the conclusion of the contract.
ARTICLE 74
   The acquisition, in full ownership, of a copy of the work does not in itself constitute an assignment of the author’s economic rights. However, in the case of works of plastic art and photography, the author cannot require the owner of the original medium to make the work available in order to exercise his rights.
   The owner of the original medium of the work may also, without authorization, publicly exhibit the work for non-profit purposes, if the author has not expressly excluded this possibility at the time of the sale of the original medium.
ARTICLE 75
   The author of a contribution to an audiovisual is, except contractual provisions to the contrary, free to exploit his contribution in a different genre.
ARTICLE 76
   The co-author of an audiovisual work who refuses or is unable, due to force majeure, to complete his contribution, cannot oppose the integration of his contribution already made, into the work. audiovisual.
   He will have, for his contribution, the quality of author with the faculty to withdraw his name from the credits.
ARTICLE 77
   The audiovisual work is deemed to be completed when the standard copy is established in accordance with the contract concluded between the producer and the director.
   Any modification of the final version of the audiovisual work consisting in particular of an addition or deletion is subject to the prior authorization of those who have agreed on the final version of the work.
   It is forbidden to destroy the final version of a cinematographic work.
ARTICLE 78
   Moral rights over the audiovisual work are exercised over the final version of the work.
ARTICLE 79
   The relationship between the co-authors and the producer of the audiovisual work is fixed by written contract.
   The producer of the audiovisual work is the natural or legal person who has taken the initiative and is responsible for the production of the work.
   Unless otherwise stipulated, the audiovisual work production contract entails, exclusive assignment, for the benefit of the producer of the right:
   – reproduce the work for the purposes of exploitation or in the form of videograms to be distributed to the public,
   – to represent the work in rooms open to the public and to communicate it to the public by sound or television broadcasting,
   – to proceed with the sub-printing and dubbing of the work.
   The rights of the authors of musical compositions with or without texts, specially created for the audiovisual work, are always reserved for the benefit of their authors.
ARTICLE 80
   The remuneration of the co-authors of the audiovisual work is determined for each mode of exploitation of the work at the stage of the production contract or at the time of exploitation of the work.
ARTICLE 81
   When the audiovisual work is projected or transmitted, by any means, in a place open to the public, against payment of an entrance fee or when it is put into public circulation by means of the rental of the medium for use private, the co-authors of the work whose rights are reserved under the provisions of this ordinance, represented by the national office of copyright and neighbors, have the right to obtain from the operator or of the user a remuneration proportional to the receipts.
   In the event that the projection or transmission by any means is carried out without payment of an entrance fee, the proportional remuneration and the level of the flat-rate royalties for the operations referred to in the preceding paragraphs are determined by the national copyright office. and neighboring rights.
ARTICLE 82
   The users who exploit the audiovisual works under the conditions provided for in article 81 above are required to communicate to the national office of copyright and neighboring rights the receipts of exploitation of the works allowing the calculation of the royalties of copyright they must pay.
   The terms of application of this provision will be fixed by regulation.
ARTICLE 83
   The circulation of copies of the audiovisual work, in videogram form, for rental for private use remains subject to the authorization of the authors or their representatives.
ARTICLE 84
   The provisions relating to audiovisual works apply to radiophonic works in their related characteristics.
ARTICLE 85
   The publishing contract is that by which the author assigns to the publisher, on the agreed conditions and against remuneration, the right to reproduce, in number, copies of the work and to ensure, for his own account. publication and dissemination to the public.
   The publishing contract covers the literary or artistic work in the form of graphic publishing, phonogram or videogram.
ARTICLE 86
   Unless otherwise stipulated, the author transfers to the publisher the exclusive right to manufacture and reproduce, in number, copies of the work and to ensure its distribution and publication within the limits fixed in the contract.
   The publishing contract can relate to the transfer of the reproduction right of the original version as well as the translation right.
ARTICLE 87
   The rights of adaptation and the rights related to other forms of exploitation of the work, in its original or translated edited version, do not give rise to assignment in the publishing contract.
ARTICLE 88
   The publishing contract must state under penalty of nullity:
   1) the nature and the exclusive character or not of the rights that the author assigns to the publisher,
   2) the agreed method of remuneration of the author, in compliance with the provisions of article 66 of this ordinance,
   3) the number of copies stopped by agreed edition,
   4) the duration of the transfer and the extent of the exploitation territory of the work,
   5) the appropriate form of the work that the author must give to the publisher for reproduction,
   6) the deadline for handing over the work when the publisher has not taken possession of it at the conclusion of the contract and when it has been agreed that the delivery by the author will take place subsequently,
   7) the date of the beginning of publication and distribution of the copies of the edited work.
ARTICLE 89
   Except for encyclopedias, anthologies, dictionaries and scientific and technical publications of the same kind, the date of circulation of copies of the published work must not be more than one year from the date of delivery. of the work, in the form agreed for reproduction, as indicated in article 88 above.
   After this period, the author can freely resume his right, without prejudice to legal action having as its object a request for civil compensation for the non-performance, by the publisher, of his obligations.
ARTICLE 90
   The author has the right to make modifications to the work engaged in the manufacturing process of the medium allowing its reproduction, provided that these modifications do not result in transforming the nature and purpose of the work in relation to the commitment which motivated the conclusion of the contract by the publisher.
   However, if the conforming modifications upset, by their nature, by their importance, the anticipated manufacturing costs, the publisher may demand that the author bears the additional costs resulting therefrom.
ARTICLE 91
   The publisher may not, except with the consent of the author, make changes to the work, by rectification, addition or deletion.
ARTICLE 92
   In the case of graphic editing, the author must:
   – if there is no agreement, correct the printing proofs;
   – sign the proof of reproduction of the work within the agreed time limits.
ARTICLE 93
   Unless there is an anonymity clause, the publisher is required to include on each copy of the work the name or pseudonym of the author.
ARTICLE 94
   Unless otherwise stipulated, the original version of the work in the form of its delivery to the publisher, remains the property of the author. In the absence of this stipulation, the publisher is required to return the said original version to the author, upon completion of the production.
ARTICLE 95
   The publisher is required to reproduce the work, distribute it and ensure its availability.
ARTICLE 96
   The publisher is required to pay the author the agreed remuneration in accordance with the provisions of this ordinance.
   When the remuneration is calculated in proportion to the receipts, it cannot be less than 10% of the selling price to the public of the copies of the work, regardless of any possible premium for unpublished works.
   However, this remuneration may not exceed 5% of the public selling price for the authors of teaching materials intended for school education.
ARTICLE 97
   The publisher must provide the author with all information on the state of execution of the contract and in particular on its financial clauses when the remuneration due to the author is calculated in proportion to the receipts from the sale of copies of the work.
   In this context, he must send the author, once a year, a statement of accounts indicating:
   – the number of copies of the agreed print run and the date of this print run,
   – the number of copies sold,
   – the number of copies in stock,
   – the number of copies possibly destroyed or damaged as a result of fortuitous event or force majeure,
   – the amount of royalties due,
   – the amount of royalties paid,
   – the balance of royalties to be paid to the author and the terms of their payment.
ARTICLE 98
   The author may terminate the publishing contract, without prejudice to any compensation that may be due to him, after a formal notice remained unsuccessful for a period of three (3) months, when:
   – the copies of the work are not made available to the public in accordance with the specifications and within the time limits provided for in the contract,
   – copyright royalties due are not paid to him for a period of one year,
   – the publisher has not reissued the work as provided for in the contract when the number of copies of the work in stock is at most equal to 3% of the print run of the edition concerned.
ARTICLE 99
   At the end of the contract, the publisher retains for a period of two (2) years at most, the right to sell the remaining copies of the work at the price fixed in the contract or at a new price fixed by the parties subject to that the publisher declares to the author or his representative the number of unsold copies and that he gives any proof of their disposal.
   However, the publisher retains the right to dispose of copies of the work not sold at the end of the contract, for a maximum period of two (2) years, provided that he declares to the author or his representative the number of copies not sold and that he gives full proof of their liquidation.
ARTICLE 100
   The communication to the public of protected works, by representation, performance, sound or television broadcasting, cable distribution, presentation or any other means of making them available to the public, is subject to the prior authorization of the author, hereinafter referred to as “license. of public communication “, except in the cases provided for by this ordinance.
ARTICLE 101
   The license for public communication of the work is granted by written contract under the conditions that the author or his performances determine.
   It takes the form of a general convention in the event that the national office for copyright and neighboring rights grants a natural or legal person the power to communicate to the public under determined conditions the works constituting its repertoire.
   It can be given for a fixed period or for a given number of communication to the public.
ARTICLE 102
   Unless expressly agreed, the license for public communication of the work does not confer any exclusive exploitation rights.
   The exclusivity clause may not exceed three (3) years from the date of the first communication of the work to the public.
   The exclusivity clause referred to above loses its effects if the work is not exploited without legitimate reason for a maximum period of one year from the date of the license.
ARTICLE 103
   The license for public communication of the work may not be transferred to a third party without the prior consent of the author or his representative, except in the case of transfer of the business under the conditions provided for in paragraph 4 of the Article 71 above.
ARTICLE 104
   Under the conditions set out in the contract, the beneficiary of a public communication license for the work must:
   – use the work normally while respecting its content,
   – make the work known under the name of its author,
   – pay the royalties provided for and provide a justified and detailed statement of the receipts when the royalties due are calculated in proportion to the revenues from the exploitation of the work,
   – submit the list of works actually exploited when the license granted gives the possibility of drawing from a whole repertoire of complete works.
ARTICLE 105
   The author or his representative has the right to inspect the conditions of authorized exploitation of the work.
ARTICLE 106
   The license for public communication of the work by sound and / or audio-visual broadcast within the meaning of paragraphs 4 and 5 of article 27 of this ordinance covers the entire transmission system, wirelessly, of signs carrying sounds or of images and sounds making the work available to the public, within the limit of the geographical era provided for in the contract for the authorization of public communication of the work.
ARTICLE 107
   The license for public communication of the work by sound and / or audio-visual broadcasting covers the cable distribution by the original organization, of its own program when it is carried out in its normal emission zone provided for in the contract and without no remuneration of the public.
   In the case of transmission by satellite, the sound and / or audio-visual broadcasting organization separate from the originating organization may broadcast the work transmitted by satellite with respect for the rights recognized to the author or his representative. , in accordance with national legislation.
ARTICLE 108
   Any artist who performs a work of the mind and / or a work of traditional cultural heritage, any producer who produces phonograms and / or videograms relating to these works and any sound and / or audio-visual broadcasting organization that produces programs communicating these works to the public, benefit, on their performances, from rights related to copyright, called “related rights”.
ARTICLE 109
   The performer, within the meaning of article 108 above, is the actor, singer, musician, dancer and any other person who represents, sings, declaims, recites, plays in any form whatsoever the works of the spirit and works of traditional cultural heritage.
ARTICLE 110
   The performer has the right to authorize, under the conditions determined by written contract, the reproduction and public communication of his performance.
ARTICLE 111
   The authorization for the sound and / or audiovisual fixation of an artist’s performance is considered as an agreement for its reproduction in the form of a phonogram and / or videogram to be distributed or communicated to the public.
   The performer has a right to remuneration, for the sound and / or audio-visual broadcast or the communication to the public by any other means, of his fixed service.
ARTICLE 112
   When the performance of the performer is performed under an employment contract, the rights recognized in Articles 110 and 111 above are deemed to be exercised within the framework of labor legislation.
ARTICLE 113
   The producer of phonograms within the meaning of article 108 above is the natural or legal person who ensures, under his responsibility, the fixation, for the first time, of sounds coming from a performance of a work of the mind. or a work of traditional cultural heritage.
ARTICLE 114
   The producer of phonograms has the right to authorize, under the conditions fixed by written contract, the reproduction of his phonogram and the making available to the public of the copies thus reproduced, while respecting the rights of the authors of the works contained in the phonogram.
   The producer of phonograms has a right to remuneration for broadcasting or communication to the public by any other means of his phonogram.
ARTICLE 115
   The producer of videograms within the meaning of article 108 of the present ordinance is the natural or legal person who ensures, under his responsibility, the fixation for the first time, of structured images, accompanied or not by sounds, of which the vision gives a impression of life or movement.
ARTICLE 116
   The producer of videograms has the right to authorize, under the conditions fixed by written contract, the reproduction of his videogram and its communication to the public by any means, while respecting the rights of the authors of the works contained in the videogram.
   However, for the sound or audiovisual broadcasting of videograms put into circulation by means of copies in edition, the producer benefits from a right to remuneration.
   The producer of videograms may not separately assign his rights to the videogram and the rights that he acquires from the authors and performers of works fixed in the videogram.
ARTICLE 117
   The sound or audio-visual broadcasting organization within the meaning of article 108 of the present ordinance is the entity which transmits by any wireless transmission process signals carrying sounds or images and sounds or which distribute to the means of wire, optical fiber or other cable, for the purpose of receiving programs broadcast to the public.
ARTICLE 118
   Sound or audio-visual broadcasting organizations have the right to authorize, under the conditions fixed by written contract, the remission of their broadcasts and the reproduction of their programs broadcast on media intended for distribution to the public while respecting the rights of authors. works contained in their programs.
ARTICLE 119
   The royalty for the right to remuneration for the benefit of the performer, or the producer of phonograms and / or videograms is collected by the national office for copyright and related rights from sound broadcasting organizations and / or or audio / visual and or any user concerned by their services.
   The fee which covers the forms of exploitation of the services in question is, as a general rule, calculated in proportion to the revenue from the exploitation of the services produced by the rights holder.
   It is calculated on a flat-rate basis in the case provided for in article 66 of this ordinance.
   The calculation conditions and the level of the royalty are determined by order of the Minister responsible for culture, after consulting the representative of the holder of the rights concerned.
   The royalty is distributed 40% to the performer and 60% to the producer of phonograms or videograms.
ARTICLE 120
   The right of prior authorization granted to the performer, to the producer of phonograms and / or videograms and to sound and / or audio-visual broadcasting organizations is subject to the same
 exceptions to the author’s exclusive right provided for in Articles 30 to 42 of this Ordinance.
ARTICLE 121
   The rights recognized to the performer, to the producer of phonograms and / or videograms and to sound and / or audio-visual broadcasting organizations are subject to the same limits imposed on copyright, provided for in Articles 43 to 56 of the this ordinance.
ARTICLE 122
   The term of protection of the rights of the performer provided for in Title II of this Ordinance is fifty (50) years from the beginning of the calendar year following the communication of his performances to the public.
ARTICLE 123
   The term of protection of the rights of the producer of phonograms and / or videograms and sound and / or audio-visual broadcasting organizations, provided for in this Title II of this Ordinance is fifty (50) years from the beginning of the calendar year following communication to the public or of the phonograms, ideograms or programs issued.
ARTICLE 124
   The private reproduction for personal use of a work on blank magnetic media gives the right to remuneration to the author, the performer and the producer of phonograms and / or videograms of the work thus reproduced under the conditions set out in Articles 126 to 130 of this Ordinance.
ARTICLE 125
   The manufacturer and importer of magnetic tapes or other blank media and recording devices, is required to pay, on the quantities of media and devices that they make available to the public, a royalty, hereinafter referred to as “the royalty. for private copying “, in return for the option they offer to users of their media and devices, to reproduce at home in the form of phonograms and videograms, for personal use, works lawfully communicated to the public.
ARTICLE 126
   Are not subject to the payment of the royalty, referred to in article 125 above, the supports and the devices intended for the professional recording of works, for the recording not covering works and for the recording of works. for the needs of specialized public establishments for the disabled and their associations.
   However, the private copying levy is due for all the quantities to be placed on the market when the taxable person has not determined with precision the number of media and devices not subject to the payment of the levy under the cases provided for in paragraph first of this provision.
ARTICLE 127
   The private copying levy is calculated in proportion to the selling price for blank media and at a flat rate for reproduction devices.
   The proportional rates and the flat rates of the fee referred to above are set by order of the Minister in charge of culture, after consultation with the national office for copyright or neighboring rights or the representatives of those liable.
   The fee referred to above is paid by the taxable person to the national office for copyright and neighboring rights.
ARTICLE 128
   The person liable to the private copying levy must regularly communicate to the national office for copyright and neighboring rights the actual quantities of media and devices produced locally or imported with their public selling price and intended for use. private.
   The terms of application of this article will be fixed by regulation.
ARTICLE 129
   The private copying levy collected is distributed, after deduction of management costs, by the national office for copyright and neighboring rights, to the categories of beneficiaries according to the following quotas:
   – 30% to the author and the composer,
   – 15% to the performer,
   – 25% to the producer of phonograms and / or videograms,
–           – 30% to the activity of promoting the creation of a work of the spirit and traditional cultural preservation.
ARTICLE 130
   The collective management of particular rights for the benefit of their beneficiaries and the exercise of the protection of the traditional cultural heritage and of national works which have fallen into the public domain, recognized by this ordinance, are ensured by the national office of human rights. authors and related rights, in accordance with the provisions of this ordinance.
ARTICLE 131
   The national office for copyright and neighboring rights is responsible for the legal protection of the rights provided for in this ordinance.
   Its statutes determine its attributions and the modalities of its organization and its functioning within the framework of the implementation of the provisions of this ordinance.
   The terms of application of this article will be determined by regulation.
ARTICLE 132
   The national office of copyright and neighboring rights is empowered to represent collectively the authors, their heirs and other rights holders in order to act, as an intermediary with users and user associations, to authorize the legal exploitation of works and services and collect the related royalties and distribute them to their beneficiaries, in accordance with the provisions of this ordinance.
ARTICLE 133
   Any author or other holder of national law, wishing to situate the management of his rights and the control of the various forms of exploitation of his works or services within the framework of collective management, is required to join the national rights office. authors and neighboring rights.
ARTICLE 134
   By virtue of his membership in the national office for copyright and neighboring rights, the author or any other right holder, exclusively and for all countries, the right to authorize the aforementioned office or to him prohibit the various forms of exploitation of all its current and future works or services.
ARTICLE 135
   The national office of copyright and neighboring rights is required to ensure the protection of the rights of authors or any other member of national rights and of authors or any other holder of foreign rights residing in Algeria or not, represented in the by means of reciprocal representation agreements with similar foreign organizations, when a work or a performance in their repertoire is the object of public exploitation.
   The office is empowered to represent these authors and any other right holder, with users, as part of its collective management of rights and services and to ensure them protection identical to that of authors and any other right holder. who have adhered to it, in accordance with Algeria’s international commitments with regard to the holder of foreign rights.
ARTICLE 136
   The national office for copyright and neighboring rights collects any declaration of a literary and / or artistic work made by an author or any other rights holder for the purposes of presuming the authorship of the work and of the ownership of the rights protected by this Ordinance.
   The declaration of a work to the national office of copyright and neighboring rights does not constitute a condition for the recognition of the rights conferred by this ordinance.
ARTICLE 137
   The national office for copyright and neighboring rights is required to make the works and services of the repertoires that it represents available to public users and to allow their exploitation, under reasonable conditions and against fair remuneration.
   He cannot of his own accord authorize the exclusive exploitation of these works and services without the agreement of the rights holders.
ARTICLE 138
   A conciliation body responsible for ruling on disputes that may arise between the national office for copyright and neighboring rights and users or associations using works and services relating to the conditions will be created within the Ministry responsible for culture. operating the directories that the office manages.
   The provisions of this article do not apply to works and services in the public domain as well as to works and services in the traditional cultural heritage.
   The composition, organization and functioning of this body are determined by regulation.
ARTICLE 139
   The national office for copyright and neighboring rights is responsible for protecting works in the public domain and works of traditional cultural heritage.
ARTICLE 140
   The exploitation of the works referred to in article 139 above is subject to an authorization granted by the national office of copyright and neighboring rights.
   When the operation is lucrative, the office collects a fee calculated in proportion to revenues or at a flat rate, under the conditions set in its collection regulations.
   The royalties referred to in the above paragraph are intended to finance the inventory and preservation of said works.
ARTICLE 141
   The office works to control the appropriate exploitation of the works referred to in article 139 of this ordinance. It has the competence to refuse or suspend any harmful exploitation.
ARTICLE 142
   Any user of the works referred to in article 139 of this ordinance must respect the integrity of these works and ensure that they are communicated to the public while respecting their authenticity.
ARTICLE 143
   The action for compensation for damage resulting from the unauthorized exploitation of the author’s work and the services of the holder of related rights is subject to civil jurisdiction.
ARTICLE 144
   The injured party may ask the court with territorial jurisdiction for precautionary measures to prevent the imminent infringement of his rights or to put an end to the infringement observed in return for compensation for the damage suffered.
ARTICLE 145
   The infringement of copyright and neighboring rights is noted by judicial police officers or sworn agents of the national office for copyright and neighboring rights.
ARTICLE 146
   In addition to judicial police officers, sworn officers of the national office for copyright and neighboring rights, are empowered to seize, as a precaution, copies and counterfeit copies of works and / or media. works or performance, provided that they are placed in the custody of the office.
   The president of the territorially competent court is immediately seized on the basis of the report of the counterfeit copies seized, duly dated and signed.
   The court must rule on the protective seizure, within a period not exceeding three (3) days from its referral.
ARTICLE 147
   At the request of the rights holder or his representative, the president of the territorially competent court may order the suspension of any manufacturing in progress, tending to the illegal reproduction of the protected work or service and the seizure, even outside legal hours, counterfeit media and receipts from the illicit exploitation of the works and services cited.
ARTICLE 148
   The royalties due to the author and to the performer for the last two years of exploitation of his work or performance constitute privileged debts in the same way as salaries. The same applies to the amount of convictions due to the rights holder, in the event of illegal exploitation of his work or service.
ARTICLE 149
   Anyone who:
   – unlawfully discloses a work or a service,
   – undermines the integrity of the work or the service,
   – reproduces a work or a service by any means whatsoever, in the form of imitated and counterfeit copies,
   – imports or exports imitated and counterfeit copies,
   – sells counterfeit copies of a work or a performance,
   – rents or puts into circulation an imitated or counterfeit work or service.
 ARTICLE 150
   Anyone who communicates the work or performance to the public by public performance, sound and / or audio-visual broadcasting, distribution or any other means transmitting signs carrying sound or sound is guilty of the offense of counterfeiting and imitation. ‘images and under or by any computer processing system.
ARTICLE 151
   The guilty of the crime of imitation and counterfeiting of a work or of a service, as provided for in articles 149 and 150, is punished by imprisonment of six (6) months to three (3) years, and a fine of 500,000 to 1,000,000 DA, whether the publication took place in Algeria or abroad.
ARTICLE 152
   Is guilty of the offense provided for in article 149 of this ordinance and incurs the penalty provided for in article 151 above, anyone who contributes, by his action or the means in his possession, to infringe the rights of authors or to any holder of neighboring rights.
ARTICLE 153
   Is guilty of the crime of imitation and counterfeiting and punishable by the same penalty provided for in article 151 above, anyone who, in violation of recognized rights, deliberately refuses to pay the remuneration due for the rights provided to the author or any other holder of neighboring rights.
ARTICLE 154
   In the event of a repeat offense, the penalty provided for in article 151 of this ordinance is doubled.
   The territorially competent court may also order the temporary closure, for a period not exceeding six (6) months, of the establishment operated by the imitator and the infringer or his accomplice, or, where applicable, the final closure.
ARTICLE 155
   The territorially competent court pronounces the confiscation of sums equal to the amount of the shares of revenue produced by the illicit exploitation of the work or of the protected service, of any material specially installed to carry out this illicit activity and of all copies and imitated objects. and counterfeit.
ARTICLE 156
   The territorially competent court may order, at the request of the civil party, the publication of the sentencing judgments in full or by extract, in the newspapers it designates and the posting of said judgments in the places it indicates, in particular at the door of the home of the convicted person, of any establishment or performance hall belonging to him, all at the expense of the latter without, however, the said costs being able to exceed the amount of the fine imposed.
ARTICLE 157
   In all the cases provided for by articles 148 to 150 of this ordinance, the territorially competent court orders the delivery of the material or the counterfeit copies or copies, or their value, as well as the receipts and parts of receipts having given rise to confiscation, to the author or any other rights holder or their assigns, if necessary, to compensate them for the damage suffered.
ARTICLE 158
   The holder of rights protected in accordance with the provisions of this ordinance or his representative, files a complaint with the locally competent court, when he is the victim of the acts provided for and punished by articles 149 to 152 of this ordinance.
ARTICLE 159
   The provisions of this Ordinance concerning copyright take effect from its promulgation for works published for the first time after its entry into force.
   The present provisions include works published before the promulgation of this ordinance and which remain protected in application of the provisions of ordinance n ° 73-14 of April 3, 1973.
ARTICLE 160
   The acts and contracts relating to works passed or concluded before the entry into force of this ordinance remain subject to the protection regime provided for by ordinance n ° 73-14 of April 3, 1973 governing copyright until extinction of the legal effects attached to them.
   If at the end of the period of protection provided for by ordinance n ° 73-14 of April 3, 1973, the work has not fallen into the public domain, it shall benefit from the protection regime of this ordinance.
ARTICLE 161
   The provisions of this ordinance concerning neighboring rights take effect at the beginning of the calendar year following the entry into force of this ordinance.
   They apply:
   – performances by the performer, phonograms, and / or videograms and sound and / or audiovisual broadcasts published or broadcast from the date mentioned in paragraph 1 above.
   – acts and contracts entered into or concluded from the date referred to above concerning the services of the performer, phonograms, and / or videograms and sound and / or audiovisual broadcast programs fixed or produced prior to that date .
ARTICLE 162
   The acts and contracts relating to the services of the performer, to phonograms, and / or videograms and to broadcasting, sound and / or audiovisual programs passed or concluded before the date of entry into force of the provisions of this ordinance, remain , where applicable, subject to the initial contractual regime, until the expiry of the effects attached to them.
   If by this expiry date, the original holder of related rights has not died or is still active, he may benefit from the protection regime established by this ordinance.
ARTICLE 163
   The provisions of this Ordinance concerning the right to remuneration for private copying shall take effect from the beginning of the calendar year following the entry into force of this Ordinance.
ARTICLE 164
The attributions of the national office of copyright and related rights provided for in this ordinance will be exercised by the national office of copyright created by ordinance n ° 73-46 of July 25, 1973, the statutes of which must be updated in accordance with the provisions of this ordinance within a period not exceeding six (6) months from its entry into force.
ARTICLE 165
   The provisions of articles 390 to 394 of ordinance n ° 66-156 of July 8, 1966, modified and supplemented, relating to the penal code are repealed from the entry into force of this ordinance.
ARTICLE 166
   All provisions contrary to the present ordinance are repealed, in particular ordinance n ° 73-14 of April 3, 1973.
ARTICLE 167
   This ordinance will be published in the Official Journal of the People’s Democratic Republic of Algeria.
   Done in Algiers, 27 Chaoual 1417 corresponding to March 6, 1997.

 

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