ABSTRACT
The present work focuses on piracy or counterfeiting of
musical works. It has modest ambition to expose a synthetic and panoramic
vision of this phenomenon in the city of Yaoundé. Our main issue is the
factors underlying its vitality in the cameroonian political metropolis. To
examine this question, we have made assumptions, that the survey on the ground
conducted in Yaoundé has allowed us to reap the testimony and data from
a sample of forty persons, composed by pirates or counterfeiters,
artists-musicians, producers and distributors, consumers, authorities and other
resource persons. From a qualitative methodology, our study is based on a
corpus of information from a series of direct observations, documentaries
observations, participant observations and some 40 participating interviews
non-direct and sometimes semi-structured beside pirates and resource persons.
The work is structure in two main parts. The first provides a comprehensive
approach to the copyright, through a condensed vision on the concepts of
copyright, neighboring rights, intellectual property and attempts to present
the situation of piracy at Yaoundé, to describe the procedures through
its concrete forms, typologies of pirates, the location of the phenomenon, the
origins of pirate's works and the everyday practice of this activity. The
second part restores this phenomenon in its production context, it is to say in
the social, economic and political environment in which it is rooted and which
both elucidates and explains it. Emphasizing a dynamist and critical approach,
as well as a strategic approach, the overall findings which emerges of our
study is that piracy of musical works can be explained by population growth,
economic crisis, the development of Information and communication technologies.
However, beyond these explanations which remain inadequate, one of the main
causes of the vitality of this phenomenon is the anomy in which Cameroonian
society seems to thrive. Prostitution, homosexuality, the false and use of
false, as well as corruption, observed in our society today, are part of this
anomy and express clearly the malaise or the moral values crisis. The
resurgence of piracy of musical works is mainly a reflection of the mentalities
of a society in moral drift.
KEY WORDS: Counterfeiting,
Piracy, counterfeiting works, pirates works, counterfeited works, pirated
works, Counterfeiter, Copyright, neighboring Rights.
SOMMAIRE
INTRODUCTION 1
PREMIERE PARTIE : APPROCHE GLOBALE ET MODES OPERATOIRES DE
LA PIRATERIE AU CAMEROUN 43
Chapitre I : Approche globale de la piraterie des oeuvres
musicales 44
Chapitre II : Les modes opératoires de la piraterie
52
DEUXIEME PARTIE : FACTEURS EXPLICATIFS ET IMPACT DE LA
PIRATERIE DES OEUVRES MUSICALES AU CAMEROUN 71
Chapitre I : Démographie galopante, crise
économique, développement des TIC et crise des valeurs morales au
coeur du phénomène 72
Chapitre II : Portée antinomique du
phénomène 115
Chapitre III : De la répression de la piraterie ou de
la contrefaçon 127
CONCLUSION 139
Bibliographie 145
Table des matières 153
Annexes 159
| 
