SECTION 34

Unless otherwise stipulated: (a) the authorization to broadcast a work by radio shall not include the cable distribution of the broadcast, unless it is done simultaneously and solely by the beneficiary firm of this authorization and without the broadcast extending beyond the agreed geographical area; (b) the authorization to broadcast a work shall not be considered as an authorization to broadcast it in a public place; (c) the authorization to broadcast by radio shall not include satellite transmission that allows other radio corporations to receive the work, unless the author or his rightful claimants have authorized these corporations to broadcast the work to the public, in which case the broadcasting corporation shall be exempted from payment of any fee. 35.—(1) For broadcast programmes, audiovisual corporations shall be allowed to use their own means to make one or several ephemeral recordings of works which they shall be allowed to broadcast. Such recordings may not be sold, rented or lent. (2) Ephemeral recordings shall be destroyed within three months, unless the owner of the reproduction right has expressly consented to a longer preservation period. (3) Without prejudice to the author’s right to an equitable remuneration, reproductions may be preserved in official archives. 36.—(1) For software and database or data bank reproduction and transformation rights, in addition to the exceptions provided for in Section 29(2), only the exceptions under this law shall be allowed. (2) The owner of copyright may not prevent the legitimate owner of a database or bank from: YH Collection of Laws for Electronic Access CAMEROON CM001EN Copyright, Law, 19/12/2000, No. 2000/011 page 12/25 (a) reproducing minor parts of this database or bank; (b) reproducing or transforming them in compliance with their purpose, including error correction; (c) reproducing them with a view to replacing them in case of loss, destruction or in case they become unusable; (d) making a recompilation, that is, reproducing and translating a software, where such acts enable the obtaining of information necessary for the development of another software that is compatible with the former, or with one or several other software. 37.—(1) The patrimonial rights of an author shall last for his lifetime. They shall subsist after his death throughout the current calendar year and for the next fifty years. They shall also subsist for all his successors or rightful claimants during the year of the death of the last surviving co-author plus fifty years for joint works. (2) The patrimonial rights of an author shall last for fifty years with effect from the calendar year during which the work was published with the consent of the author. If such publication did not take place within fifty years starting from the date of creation, the rights shall last for fifty years with effect from the end of the calendar year of creation. This shall apply to: (a) audiovisual works; (b) works of applied arts; (c) collective works. (3) For anonymous or pseudonymous works, the rights shall last for fifty years starting from the end of the calendar year during which publication was authorized. The term of copyright shall be that provided for in subsection (1) where the pseudonym does not leave room for any doubts as to the identity of the author, or where the latter reveals his identity before the deadline expires. If such publication does not take place within fifty years from the date of creation, the rights shall last for fifty years starting from the end of the calendar year of creation. (4) For posthumous works, the term of copyright protection shall be fifty years with effect from the end of the calendar year of authorized publication of the work. The patrimonial rights shall belong to the author’s successors in title or rightful claimants where the work is published during the period provided for in subsection (1) above. Where publication took place after this period, the rights shall belong to the successor in title or rightful claimant who did the publication or caused it to be done.