(e) the means of verification enabling authors and composers to claim their
entitlements.
Any contract contrary to the provisions of this Article shall be deemed null and void.
34. A manufacturer of copies recorded on phonograms or videograms or on any other
recording medium shall be required to furnish to the Copyright Protection Agency all
elements of his accounts and shall also be required to furnish to the agents referred to in
Article 54 of this Law all documents relating to exploitation each time a request is addressed
to him.
35. It shall be prohibited to make recorded copies, in the form of phonograms or
videograms or in any other form, of a protected work for commercial purposes unless entitled
under a contract concluded with the author or with the Copyright Protection Agency.
It shall also be prohibited to make false representations in the accounting of revenue
from sales of recordings furnished by the manufacturers who enjoy an authorization to record.
36. Each recorded copy shall be required to bear:
A. — the sign of the legally responsible manufacturer, together with his full address;
B. — the sign of the authorization given by the Copyright Protection Agency;
C. — the title of the work and the serial number allocated to it;
D. — the names of the authors.
37. Manufacturers and importers of blank magnetic tapes or cassettes intended for
making recordings shall be required to pay to the Tunisian Copyright Protection Agency 2%
of the retail selling price of all cassettes, whether manufactured or imported.
The royalties shall be allocated equitably for the benefit of the welfare fund of that
Agency and for the benefit of its members amongst the authors.
The royalties referred to above shall be refunded to the payer if he has already paid the
royalties due on recorded cassettes.
Chapter VI
Cinematographic and Audiovisual Works
38. Copyright in cinematographic and audiovisual works shall belong to the producer.
The producer of a cinematographic or audiovisual work is the natural or legal person
who takes the initiative for production and the responsibility for exploiting the work.
39. The producer shall be required to conclude contracts, before undertaking production
of a cinematographic and audiovisual work, with all those whose works are conceived for the
production.
All contracts, with the exception of those concluded with the authors of musical
compositions, with or without words, shall stipulate, unless otherwise agreed, assignment of
the exclusive right of exploitation to the producer.
The persons who have contributed to the work shall retain their moral rights in all cases.
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