- the daily news or the various facts which have the
nature of press simple information.
Article 4 (last paragraph):
The author of work, his representative or his entitled
person may declare or lodge their works at the institutions
in charge of the collective management of the copyrights
and similar rights.
The declaration or deposit shall admissible by the third
parties until proof of the opposite.
Article 9 - bis -:
The pecuniary copyrights representing of the exclusive
rights which the work author enjoys, to exploit his work or
to authorize its exploitation by others, by achieving any of
the following acts:
a) to reproduce work by all the processes and notably by
printing, drawing, audio or audio-visual recording on
magnetic tapes, discs, compact disks or by any informatics
system and other means.
b) to communicate the work to the public by all
processes and notably by:
- the representation in public places such as the hotels,
restaurants, the terrestrial, maritime and air transportation
means, as well as the festivals and the theaters of shows,
- the dramatic representation or public interpretation,
- the wire and wireless diffusion of works by use of:
1- transmission and reception means of radio and
television and electronics and others,
2- loudspeakers or any other transmitting instrument of
signs, sounds or images,
3- satellites, cables, informatics networks or by other
similar means.
c) any form of exploitation of work in general, including
the commercial lease of the original and of its specimens.
d) the translation, adaptation, arrangement and other
transformations of work considered by the law herein as
derived works.
Article 9 - ter -:
No exploiting person other than the work owner or his
representative may carry out the performance of the actions
mentioned in article 9-bis- referred to above if it does not
justify of a preliminary authorization of the entitled person
or his representative in form of written contract indicating
notably:
a) the person in charge of the exploitation.
b) the exploitation method (form, language, place).
c) the exploitation duration.
d) the amount of the counterpart of the right holder.
Article 39 (last paragraph):
Is notably considered as collaborator of the production
of cinematographic or audio-visual work:
- the author of the adaptation.
- the author of the scenario.
- the author of the dialogue.
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- the author of the musical compositions with or without
lyrics especially carried out for the work.
- the director.
Article 42 - bis -:
The duration of protection of the pecuniary rights of
cinematographic or audio-visual works is fifty years as
from the first licit public representation of work.
In the absence of representation, the duration of this
protection is fifty years as from the date of realization of the
first copy of reference.
Article 50 - bis -:
The customs departments may suspend the clearance
procedures concerning the products for which there is
apparent evidence of infringement to the copyrights and
similar rights. They may request from the author or the
holders of the similar rights or their representative any
information which could help them to exercise their
prerogatives.
The customs departments inform within a short deadline
the author or the holders of the similar rights or their
representative of this suspension, the latter persons shall,
within seven day of the date of notification, deposit the
request provided for in article 50-ter- of the law herein.
Article 50 - ter -:
The author, the holders of similar rights or their
representative may present to the customs departments a
written request for the stay of the clearance procedures at
the import or export of products for which they have
legitimate reasons to suspect that they do not respect the
copyrights and similar rights.
The formula of the request mentioned in paragraph one
of this article as well as the data which will have to be
presented are fixed by joint order of the Ministers in charge
of finance and culture.
Article 50 - quater -:
The customs departments proceed in the two cases
provided for in articles 50-bis- and 50-ter- of the law herein
to the retention of the products when they report the
existence of an infringement to the copyrights and similar
rights.
The customs departments inform immediately the
author or the holders of the similar rights or their
representative as well as the owner, the importer, the
exporter or the recipient, of the retention while granting
them the possibility of examining the products retained
in accordance with the provisions of the customs code,
and with no prejudice to the professional secrecy
principle.
In order to allow the author or the holders of similar
rights or their representative to bring actions at law, the
customs departments are bound to inform them about name
and address of the owner, importer, exporter, or recipient if
he is known, according to an order on request.
Article 50 - quinquies -:
The measure of retention of the products is
automatically lifted, failing to justify, for the author, the
holders of the similar rights or their representative, within
Official Gazette of the Republic of Tunisia — 30 June 2009
Page 745