be deemed unlawful. The author may claim the royalties relating to those rights. He may
further claim damages;
(b) the number of copies held in stock;
(c) the number of copies sold by the publisher, the number of copies unused or
destroyed fortuitously or by force majeure;
(d) the amount of royalties due and, as appropriate, the amount of royalties paid to the
author. Any clause to the contrary shall be deemed not to have been written.
30. A publishing contract may be terminated by the author or his successors in title if
the publisher has not carried out publication of the work.
An author may also terminate a publishing contract if his work is not republished once
the printing is exhausted.
The publication shall be considered exhausted if a request for supply of copies
addressed to the publisher has not been satisfied within three months.
31. A publisher may not publish a work that does not belong to the public domain
without concluding a contract with its author.
In the event of infringement, the publisher shall be required to pay damages to the
author in addition to the royalties for exploiting the work in accordance with usual practice.
Where an author is bound to a publisher by a contract duly concluded for a given work
and a specified date, he may not conclude a second contract with a further publisher for the
same work unless he has the authorization of the first publisher in accordance with the
contract between the two parties.
In the event of infringement, the author shall be required to pay damages.
Chapter V
Manufacture of Recorded Copies
32. No person may manufacture or have manufactured, for commercial purposes, a
given number of copies of a protected work by means of mechanical recording on disks or
magnetic tapes (phonograms) or audiovisual tapes (videograms) or by any other recording
process unless he has concluded a written contract with the author of the work or his
representative.
33. A contract concluded with the Tunisian Copyright Protection Agency shall
necessarily comprise:
(a) the prior authorization referred to in Article 2 of this Law, setting out the term of
validity;
(b) the conditions of exploitation in accordance with the standards laid down in
agreement with the parties;
(c) the percentage due to the beneficiaries deriving from the proceeds of exploitation,
stating the minimum royalties for each work;
(d) the times and forms of payment;
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