CHAPTER II - PRINCIPLES OF PROTECTION
Article 90:
Expressions of traditional cultural heritage which are part of national heritage shall be
protected under this Law against illicit exploitation and other prejudicial actions.
Any publication and communication to the public of an identifiable expression of traditional
cultural heritage which is part of national heritage shall properly indicate its source either by
mentioning the name of the author or by mentioning the community and/or the geographical
place from where the expression originates.
The copies of expressions of traditional cultural heritage, including for copies of translations,
arrangements and other alterations of these expressions, made without either authorization or
declaration as required, may not be imported, exported or distributed.
The protection of expressions of traditional cultural heritage which are part of national
heritage shall be guaranteed without limitation as to time.
Article 91:
The following uses of expressions of traditional cultural heritage which are part of national
heritage shall be subject to the authorization of the collective management organization,
pursuant to the agreement of the Minister of Culture where expressions are used both with
gainful intent and outside their traditional or customary context:
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any publication, reproduction and distribution of copies of expressions of traditional
cultural heritage which are part of national heritage;
any public recitation or performance, any transmission by wire or wireless means, and
any other form of communication to the public of expressions of traditional cultural
heritage which are part of national heritage.
Article 92:
The creation of works derived from expressions of traditional cultural heritage which are part
of national heritage such as adaptations, translations, transcriptions, collections with or
without agreement, and other alterations shall be free of charge for the people of Burkina
Faso. Such creation shall be subject to authorization from the collective management
organization for foreigners. The creation, after its production, shall be declared to the
collective management organization.
Article 93:
The authorization of the collective management organization shall be granted subject to the
agreement of the Minister of Culture against payment of a royalty, the amount of which shall
be fixed in accordance with the conditions for use of protected works in the same category.
The proceeds from this royalty shall, after management fees have been levied, be paid into a
fund for cultural promotion.
The royalties payable by the users upon exploitation of works derived from expressions of
traditional cultural heritage which are part of national heritage shall be shared between the