As for anonymous works or having a pseudonym,
protection lasts fifty years as from the first of January of the
year following that of the first publication of work, the
copyright is exercised in this case by the editor or the
distributor of work.
If the pseudonym does not hide the identity of the
author to the public or when the author of an anonymous
work or having a pseudonym reveals his true identity, the
duration of protection is that provided for in subparagraph
two of this article.
As for the works published after the author death,
protection lasts fifty years as from January first of the year
following that of the first publication of work, the copyright
is exercised in this case by the heirs and the legatees, within
the limits indicated in the law in force.
Article 19 (new):
The protection of the pecuniary rights of the author for
photographic works lasts fifty years as from the date of
realization of work.
Article 36 (new):
Each recorded specimen of the recording supports or
other recorded specimens shall obligatorily carry:
a- the name of the legally responsible producer, as well
as his initials and hids complete address,
b- the initials of the institution in charge of the
collective management of the copyrights and similar rights,
and the authorization number,
c- the work title and the order number which is
attributed to,
d- the names of the authors and playing artists.
Article 37 (new):
A tax of incentive to the creation is instituted, which is
due on the importation and locally, on the not recorded
audio and audio-visual supports, as well as on the
apparatuses and equipment of recording and reproduction.
The list of products submitted to this tax is fixed by
decree.
The tax is fixed locally at 1% of the sales turnover of
the manufacturers of products submitted to this tax, taking
into account the value - added tax or the customs value on
the importation.
This tax is perceived locally on the basis of a monthly
declaration, according to a model established by the
administration and deposited at the relevant tax office,
within the given deadlines in the field of the value - added
tax and customs taxes on the importation.
Are applied to this tax, for the perception, control,
report of the infringements, the sanctions, litigations,
prescription and reimbursement, the same rules provided
for in the field of customs taxes on the importation or those
provided for in the tax rights and procedures code in the
internal regime.
Article 46 (new):
Is prohibited, any use of a computer program not
expressly authorized in writing, by its author or his
representative, unless contrary contractual stipulation.
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However, is allowed without authorization of the author
or his representative, the realization of only one backup
copy of the computer program by the owner of the licit
specimen of this computer program.
Article 47 (new):
Are applicable to the computer programs, the provisions
of article 18 of the law herein.
Article 48 (new):
The authors and holders of similar rights may exercise
their rights on an individual basis or by way of collective
management, entrusted to an institution in charge of the
collective management of the copyrights and similar rights,
which will be entitled for this purpose by decree.
Article 49 (new):
The institution in charge of the collective management
of the copyrights and similar rights has notably the role:
- to safeguard the copyrights and similar rights, and to
defend the material and non pecuniary interests of these
rights holders.
- to represent their members and to be the agent or the
representative of the foreign institutions for the protection
of the copyrights and similar rights and the members of
those, that it is according to an agency or of a reciprocal
agreement of representation.
- to receive works by way of declaration or deposit.
- to fix the rates and amounts of the copyrights due to
the authors and the holders of the similar rights.
The institution in charge of the collective management
of the copyrights and similar rights is charged to establish
links with the foreign institutions in charge of the
copyrights and similar rights, notably with an aim:
- to safeguard for the authors and the holders of similar
rights, the rights and advantages acquired by the aforesaid
institutions.
- to sign conventions of reciprocal representation with
the aforementioned foreign institutions.
The internal regulation of the institution in charge of the
collective management of the copyrights and similar rights
fixes notably:
- the conditions of membership to this institution, as
well as the obligations and rights of the members,
- the methods and procedures of declaration or deposit
of works,
- the rules of rights collection and their distribution,
- the conditions and procedures of delivery of the
authorizations of works exploitation.
The internal regulation cited in the preceding paragraph
of this article is approved by order of the Minister in charge
of culture.
Article 50 (new):
Are prohibited, the importation on the Tunisian territory
of the specimens of a work by any mean, as well as the
production or reproduction or the distribution or export, or
the marketing of those, contrary to law and order, the good
morals and the legislation in force, and which constitute a
violation of the copyrights or similar rights within the
Official Gazette of the Republic of Tunisia — 30 June 2009
N° 52