The non pecuniary rights are imprescriptible, may not
be the subject of waiver, and are inalienable. However,
they may be transferred by way of inheritance or will.
2 - the pecuniary rights which are:
- the right of broadcasting and communication to the
public of their non fixed interpretations or performances,
except when the interpretation or performance is already a
broadcasted interpretation or performance.
- the right of fixing of their non fixed interpretation or
performance.
- the right of direct or indirect reproduction of their
interpretations or performances fixed on audio or audiovisual recordings, in any manner and form.
- the right of distribution to the public of the original
and specimens of their interpretations or performances
fixed on audio or audio-visual recordings, by sale or any
other transfer of property.
- the right of commercial lease to the public of the
original and of specimens of their interpretations or
performances fixed on audio or audio-visual recordings,
even after the distribution of those by the interpreter artists
themselves or with their authorization.
- the right to place at the disposal of the public by wire
or wireless, their Interpretations or performances fixed on
audio or audio-visual recordings so that individuals may
have access to the place and time that they choose.
These pecuniary rights constitute exclusive rights
recognized to the interpreter or performer artists to
authorize the integral or partial exploitation of their
interpretations or performances.
The duration of the protection of the pecuniary rights of
the interpreter or performer artists is fifty years as from
January first of the year following that when the
interpretation or performance was fixed on audio or audiovisual recording.
If the interpretation or performance is not fixed on
phonogram or videogram the duration of protection is fifty
years as from January first of the year following that when
the interpretation or performance is communicated to the
public for the first time.
The pecuniary rights may be transferred by way of
inheritance or transfer, completely or partially.
Article 47 - quinquies -:
It shall be meant by producer of audio or audio-visual
recording, within the meaning of the law herein: the natural
person or legal entity who takes the initiative on his/its
behalf and under his/its responsibility for the first fixing of
sounds or of images accompanied or not by sounds from an
interpretation or performance or other sounds or sounds and
images, or of fixing of the representations of the sounds or
sounds and images.
It shall be meant by fixing, within the meaning of the
law herein, the incorporation of sounds or sounds and
images, or the representations of those in a material support
which allows to perceive, reproduce or communicate them
using an appropriate system.
N° 52
Article 47 - sexies -:
The producers of the audio or audio-visual recordings
enjoy the following rights:
- the right of direct or indirect reproduction of their
audio or audio-visual recordings in any manner and any
form.
- the right of distribution to the public of the originals or
other specimens of their audio or audio-visual recordings by
sale or any other transfer of property.
- the right of commercial lease to the public of the
originals or other specimens of their audio or audio-visual
recordings, even after the distribution of those by the
producer himself or with his authorization.
- the right to place at the disposal of the public, by wire
or wireless, their audio or audio-visual recordings so that
individuals may have access in the place and time that they
choose.
These rights recognized to the producers of the audio or
audio-visual recordings constitute exclusive rights to
authorize the integral or partial exploitation of their audio
or audio-visual recordings.
The duration of the protection of the rights of the
producers of the audio or audio-visual recordings is fifty
years as from January first of the year following that when
the audio or audio-visual recording was published or,
failing such a publication within fifty years as from January
first of the year following that of the fixing of the audio or
audio-visual recordings.
Article 47 - septies-:
It shall be meant by radio and television institutions,
within the meaning of the law herein: the institutions
which produce or distribute the sounds, images or sounds
and images by wire or wireless or by any other mean, for
purposes of communication to the public.
Article 47 - octies-:
The radio and television institutions have on their
broadcasts the following rights:
- the right of fixing, recording on material support their
broadcasts or reproduction of these recordings.
- the right of re-diffusion of their broadcasts.
- the right of communication to the public of their
television broadcasts when it is made in places accessible to
the public against payment of entrance fees.
These rights constitute exclusive rights recognized to
the radio and television institutions to authorize the integral
or partial exploitation of their broadcasts.
Article 47 - nonies-:
The protection of the rights of the radio and television
institutions lasts fifty years as from the first of January of
the year which follows that of:
- the fixing, for the audio or audio-visual recordings and
performances fixed on those.
- the performance, for the non fixed performances on
audio or audio-visual recordings.
- the broadcasting, for the radio and television
broadcasts.
Official Gazette of the Republic of Tunisia — 30 June 2009
Page 747