administrative litigation, within the limits required by these
procedures or litigation, with indication of source and the
author name.
f) the pastiches, parodies, caricatures of an original
work, taking into account the laws of the kind.
g) the reproduction or communication of a work of
architecture or fine arts, or of a work of the applied arts or a
photographic work, when it is located permanently in a
public place, except for the museums, art galleries or any
artistic heritage bequeathed by the former generations.
Article 12 (new):
The public libraries, the non commercial centers and
departments of archives and the libraries of the education
and training establishments may, without the author
authorization, or counterpart, reproduce a work in one or
two specimens, to preserve it or replace it if it would be
destroyed, lost or made unusable, for the needs of teaching
and without that having a commercial or lucrative goal.
They also may without the author authorization or
counterpart, reproduce an article or a short extract of a
writing, other than a computer program, published in a
collection of works or an issue of a newspaper or a
periodical publication and when the goal of the
reproduction is to answer to the request of a natural person
and to purposes of research and teaching.
Article 13 (new):
The Ministry in charge of culture may deliver
nonexclusive licenses for:
a) the reproduction of protected work for purposes of
publication, if it were not previously published in Tunisia,
at a price equivalent to that practiced by the national
publishers, three years after its first publication if it is about
a scientific work, seven years after its first publication if it
is about a fiction work, and five years after the first
publication for any other work.
b) the translation of a protected work for purposes of
publication in Tunisia, in form of graphic edition or by
sound broadcasting or television broadcasting, if it were not
previously translated into Arabic language or put in
circulation or communicated to the public in Tunisia, one
year after its first publication.
The licenses delivered according to the provisions of
this article are in no case transferable to the third parties,
their validity is limited to the Tunisian territory.
It is obligatorily made mention on any specimen of
work reproduced and/or translated under license of the
Ministry in charge of culture which its putting into
circulation is limited only to the Tunisian territory.
However, it is allowed to the public administration to
dispatch specimens of the work reproduced and/or
translated under the license provided for by this article, to
the Tunisians resident abroad at aims of teaching, research
and without for-profit aim.
The author name and the original title of work shall be
indicated on all the specimens of reproduction or of the
translation published according to the licenses delivered in
application of the provisions of paragraphs "a" and "b" of
this article.
N° 52
The author benefits in counterpart of the delivery of
these licenses, from an equitable remuneration paid by the
license beneficiary, it is fixed by the institution in charge of
the collective management of the copyrights and similar
rights which proceeds in this case to its perception and its
payment to the rights holders, in the absence of an amicable
agreement between the parties.
Article 14 (new):
The licenses provided for in article 13 of the law herein
are delivered for purposes of teaching and research, and at a
request presented to the Ministry in charge of culture
accompanied by the documents justifying that the applicant
for the license could not recognize the entitled person or his
representative or that those refused to him their
authorization of reproduction or translation for purposes of
publication, despite all his diligence.
The applicant for the license is bound to address by
registered mail, a copy of his request mentioned in first
paragraph of this article to any international center
concerned by the administration of the international treaties
relating to the copyrights and similar rights and whose
Tunisia is member, and with the publisher whose name is
mentioned on the work.
The licenses provided for by this article concerning the
reproduction of a protected work, are delivered only six
months after the date of presentation of the request if it is
about a scientific work, and three months for other works.
As for the licenses of translation, this duration is nine
months after the presentation of the request.
The granted licenses are withdrawn, when the right
holder or his representative proceeds, according to the same
conditions and price, at the reproduction or translation of
the concerned work, in the same language and its contents
essentially the same one as that of the authorized translation
and its availability to the public at a price equivalent to that
which is of custom in Tunisia.
The putting into circulation of the specimens of works
already reproduced and/or translated before the withdrawal
of the license, may be continued until their exhaustion.
The licenses may not be delivered for the withdrawn
works from the circulation by the entitled person or his
representative.
Article 18 (new):
The protection is granted to the work because of the
only fact of its creation whatever the form and the method
of expression and even if it is not fixed on a material
support.
The protection of the non pecuniary rights of the author
lasts during his entire life, the remainder of the year of his
death and fifty years, as from January first of the year
following that of his death or of the date retained by the
declaratory judgment of his death, in the event of absence
or disappearance.
For works of collaboration, protection lasts during fifty
years as from the first of January of the year following that
of the death of the last collaborator author or the date
retained by the declaratory judgment of death, in the event
of absence or disappearance.
Official Gazette of the Republic of Tunisia — 30 June 2009
Page 741