meaning of the law herein, and of the international
conventions concluded by Tunisia in the field of the
copyrights and similar rights.
Article 51 (new):
Whoever will not respect the copyrights and similar
rights provided for by the law herein, will be bound to pay
to the holder of these rights, material and non pecuniary
damages whose amount will be determined by the relevant
court.
Article 52 (new):
Notwithstanding the sanctions provided for by special
texts, will be punishable by a fine from thousand to fifty
thousand dinars any person exploiting of a protected work
who did not obtain an authorization, in accordance with the
provisions of articles 7, 9 - ter-, 13, 47-quater -, 47-sexies -,
and 47-nonies- of the law herein and taking into account the
exceptions and limits provided for in articles 10, 11, 12, 15,
16, 17 and 47 - decies -.
In the event of relapse, the fine is doubled, to which it
may associate an imprisonment of one to twelve months or
only one of the two punishments.
Is punishable by the same sanctions provided for in the
two preceding paragraphs of this article:
- whoever proceeds to the sale of manuscripts and
plastic works without payment of the rights of the holders
of the manuscripts and plastic works, their heirs or their
representatives, as provided for in article 25 of the law
herein,
- the publisher who refuses to answer the request of the
author or his representative, to provide him the justifying
documents to establish the accuracy of his accounts,
contrary to what is provided for in article 29 of the law
herein,
- the manufacturer of specimens recorded in form of
audio or audio-visual support who refuses to provide to the
author, to his heirs or his representative, justifying
documents to establish the accuracy of his accounts,
contrary to what is provided for in article 34 of the law
herein,
- whoever manufactures recorded specimens in form of
phonogram and videogram or in any other form, of
protected works, if it is not justified by a contract concluded
with the author or the institution in charge of collective
management of the copyrights and similar rights, or carries
out fraudulent operations in the accountancy relating to the
incomings of exploitation of the recordings, contrary to the
provisions of article 35 of the law herein,
- whoever manufactures specimens recorded without
putting the obligatory mentions provided for by the
provisions of article 36 of the law herein, on the supports of
recording and the recorded specimens,
- any producer of a cinematographic or audio-visual
work which did not proceed to the concluding of contracts
with all those whose works are designed for the realization
of cinematographic or audio-visual work, contrary to the
provisions of article 39 of the law herein,
- all exploiting persons of cinematographic and audiovisual works, as well as the owners of the movie and audio-
N° 52
visual projection theaters, mentioned in article 42 of the law
herein, who did not establish contracts with the holders of
the same rights or their representatives for the payment of
the royalties relating to the copyrights,
- whoever uses protected computer programs without
authorization from the author or his representative, contrary
to the provisions of article 46 of the law herein,
- whoever proceeds to the importation, reproduction,
sale, export, marketing, publicity, of the specimens of
protected works, contrary to the provisions of article 50 of
the law herein,
- whoever avoid or try to avoid the control operations
intended to check the counterfeited or suspected products of
counterfeit,
- whoever prevents, in any manner that it is, the agents
entitled by the law herein to reach the buildings of
production, manufacture, deposit, sale, distribution or to the
transport means,
- whoever refuses to present accounting documents, or
administrative, technical or commercial supporting
documents necessary to the control,
- whoever provides false information or falsified
documents with regard to the product.
Article 54 (new):
The report of the infringements to the law herein, as
well as the drafting of the related minutes are ensured by:
1- the officers of judiciary police, mentioned in points 3
and 4 of article 10 of the penal procedures code.
2- the customs agents.
3- the agents of economic control, appointed in
accordance with the particular status of the body of the
economic control agents.
4- the agents entitled by the Minister in charge of
culture, among the agents of the Ministry in charge of
culture and the establishments placed under its supervision,
of category " A " and which are sworn for this purpose.
The agents indicated above may, after giving their
quality, seize the necessary documents and take samples of
the products subject of the infringement to the copyrights
and similar rights, for the needs of investigation and to
establish the proof of the infringement, against receipt.
They may also on a preventive basis seize the products
suspected of counterfeit and not in conformity with the
rules in force, in the field of the copyrights and similar
rights.
The seized products remain under the guard of their
owners or in a place decided by the agents indicated in
paragraph one of this article.
The police force members are bound, in the event of
need, to assist the entitled agents in order to guarantee the
good achievement of their missions.
The conveyors are bound not to make obstacle to the
request of the agents mentioned in paragraph one of this
article in order to carry out the sampling or seizure, and to
present the loading or transport documents, the receipts, the
tickets and the declarations of which they are holders.
Official Gazette of the Republic of Tunisia — 30 June 2009
Page 743