laws
Law n° 2009-33 dated 23 June 2009, amending and
completing law n° 94-36 dated 24 February1994,
relating to the literary and artistic property (1).
In the name of the People,
The Chamber of Deputies and the Chamber of Advisors
having adopted,
The President of the Republic enacts the following law:
Article one - Are repealed, the provisions of dashes
eleven and fourteen of article one, paragraph two of article
6, and articles 8, 9, 10, 12, 13, 14, 18, 19, 36, 37, 46, 47, 48,
49, 50, 51, 52, 54, 55, 56 and 57 of law n° 94-36 dated 24
February1994, relating to the literary and artistic property.
They are replaced by the following provisions:
Article one – paragraph two :
Dash eleven (new): Orally expressed works, such as the
conferences, short speeches and other similar works.
Dash fourteen (new): Creations of clothing, fashion and
dress.
Article 6 - paragraph 2 (new) :
It is the same for the authors of works collections, such
as the encyclopaedias or anthologies, the collections of
folkloric expression or the databases including simple facts
or data, which by the choice, or the arrangement of matters,
constitute intellectual creations, without prejudice to the
rights of the authors of original works.
Article 8 (new):
The author enjoys non pecuniary and pecuniary rights
on his work.
The non pecuniary rights are imprescriptible, may not
be the subject of waiver and are inalienable. They are
however transmissible by way of inheritance or will.
The pecuniary rights may be transmitted partially or
totally by way of inheritance or transfer. They are
exercised by the author himself, his representative or any
other holder of these rights within the meaning of the law
herein.
In the event of litigation in the exercise of their rights
between the heirs, the beneficiaries of a will, or other
holders of copyright, the competent courts are seized by the
concerned parties to rule on this litigation.
Unless legal exceptions, no one does have the right to
communicate to the public or to reproduce a work
belonging to a third party in form or in circumstances which
do not take account of the non pecuniary and pecuniary
rights of the author.
________
(1) Preparatory works :
Discussion and adoption by the Chamber of Deputies during
its session held on 26 May 2009.
Discussion and adoption by the Chamber of Advisors during
its session held on 6 June 2009.
Page 740
Article 9 (new) :
The non pecuniary rights of the author include the
exclusive right to accomplish the following acts:
a) to place his work at the disposal of the public and to
claim his paternity by using its name or a pseudonym, or to
preserve anonymity.
The name of the author shall be indicated, in a way in
conformity with the custom, each time the work is
communicated to the public and on any specimen
reproducing the work contents, each time that it is presented
to the public, in any method or form of expression.
b) to oppose any mutilation, deformation, addition or
another modification of his work without his written
consent, as well as any other violation of the same work,
prejudicial to the honor of the author or his reputation.
c) to withdraw his work from circulation in the public,
in counterpart of a fair allowance, to the profit of the
authorized exploiting person, having suffered a prejudice.
Article 10 (new):
Are licit, without authorization of the author or
counterpart, the hereafter indicated uses of the protected
works which were made available to the public, subject to
the provisions of article 37 of the law herein:
a) the reproduction of the work intended for the private
use, provided that this reproduction does not violate the
normal exploitation of work, nor causes an unjustified
prejudice to the legitimate material interests of the author.
b) the use of work by way of illustration for educational
aims, in printed papers, performances, dramatic
representations or audio or audio-visual recordings.
c) reproduction, for education or for the examinations in
the educational establishments, in a noncommercial and non
profit aim and to the extent justified by the aim to reach, of
the isolated articles licitly published in a newspaper or
periodical publication, short extracts of a work or a short
work licitly published, in the following conditions:
1 - the indication of source in a complete manner and
the author name, each time when the work is used.
2 - the use of work for noncommercial or for-profit
purposes.
d) the communication or reproduction of press articles
published in newspapers or periodical publication on
subjects of economic, political or social current events; or
of broadcast works having the same nature, by way of
press, radio or television, or communication to the public, if
the rights of communication to the public, reproduction,
and radio and television broadcasting are not expressly
reserved, with the obligation to clearly indicate the source
and the author name, if this name appears in the source.
e) the reproduction or the recording of a specimen of a
protected work for its use in a legal procedure or an
Official Gazette of the Republic of Tunisia — 30 June 2009
N° 52