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