The term of protection to be granted for performances under this part of the Law shall be 70
years from:
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the end of the calendar year of the fixation for performances fixed on phonograms or
videograms;
the end of the year in which the performance took place for performances that are not
fixed on phonograms or videograms.
Article 86:
The term of protection to be granted for phonograms and videograms in accordance with this
part of the Law shall be 70 years from the end of the calendar year of fixation.
Article 87:
The term of protection for programs of broadcasting organizations in accordance with this
part of the Law shall be 30 years from the end of the calendar year in which the broadcast was
transmitted.
TITLE III
EXPRESSIONS OF TRADITIONAL CULTURAL HERITAGE
CHAPTER I – OWNERSHIP OF RIGHTS IN EXPRESSIONS OF TRADITIONAL
CULTURAL HERITAGE
Article 88:
For the purposes of this Law, “expressions of traditional cultural heritage” shall be understood
as productions made up exclusively of characteristic elements of traditional artistic and
literary heritage, which is developed and continued by a national community of Burkina Faso
or by individuals who are considered to meet this community’s traditional artistic
expectations, especially popular tales, popular poetry, popular songs and instrumental music,
popular dance and shows and artistic expressions of rituals and productions of popular art.
The purpose of the provisions of this Title shall be to protect expressions of traditional
cultural heritage in terms of aspects related to literary and artistic property.
Expressions of traditional cultural heritage, the authors of which are not known but where it is
reasonable to presume they are nationals of Burkina Faso, shall be part of national heritage.
The same shall be true for expressions of traditional cultural heritage, the individual authors
of which are known and have been dead for more than seventy (70) years.
Article 89:
Expressions of traditional cultural heritage by known individual authors shall belong to their
authors if, in accordance with the term of copyright protection, the expressions are not yet in
the public domain. Any person claiming to be the author of an expression of traditional
cultural heritage must legally prove that he is the author.
The royalties to be paid by the users upon exploitation of expressions of traditional cultural
heritage whose authors are known shall be shared between the rights holders and the
collective management organization in accordance with the organization’s distribution rules.