The non pecuniary rights are imprescriptible, may not be the subject of waiver, and are inalienable. However, they may be transferred by way of inheritance or will. 2 - the pecuniary rights which are: - the right of broadcasting and communication to the public of their non fixed interpretations or performances, except when the interpretation or performance is already a broadcasted interpretation or performance. - the right of fixing of their non fixed interpretation or performance. - the right of direct or indirect reproduction of their interpretations or performances fixed on audio or audiovisual recordings, in any manner and form. - the right of distribution to the public of the original and specimens of their interpretations or performances fixed on audio or audio-visual recordings, by sale or any other transfer of property. - the right of commercial lease to the public of the original and of specimens of their interpretations or performances fixed on audio or audio-visual recordings, even after the distribution of those by the interpreter artists themselves or with their authorization. - the right to place at the disposal of the public by wire or wireless, their Interpretations or performances fixed on audio or audio-visual recordings so that individuals may have access to the place and time that they choose. These pecuniary rights constitute exclusive rights recognized to the interpreter or performer artists to authorize the integral or partial exploitation of their interpretations or performances. The duration of the protection of the pecuniary rights of the interpreter or performer artists is fifty years as from January first of the year following that when the interpretation or performance was fixed on audio or audiovisual recording. If the interpretation or performance is not fixed on phonogram or videogram the duration of protection is fifty years as from January first of the year following that when the interpretation or performance is communicated to the public for the first time. The pecuniary rights may be transferred by way of inheritance or transfer, completely or partially. Article 47 - quinquies -: It shall be meant by producer of audio or audio-visual recording, within the meaning of the law herein: the natural person or legal entity who takes the initiative on his/its behalf and under his/its responsibility for the first fixing of sounds or of images accompanied or not by sounds from an interpretation or performance or other sounds or sounds and images, or of fixing of the representations of the sounds or sounds and images. It shall be meant by fixing, within the meaning of the law herein, the incorporation of sounds or sounds and images, or the representations of those in a material support which allows to perceive, reproduce or communicate them using an appropriate system. N° 52 Article 47 - sexies -: The producers of the audio or audio-visual recordings enjoy the following rights: - the right of direct or indirect reproduction of their audio or audio-visual recordings in any manner and any form. - the right of distribution to the public of the originals or other specimens of their audio or audio-visual recordings by sale or any other transfer of property. - the right of commercial lease to the public of the originals or other specimens of their audio or audio-visual recordings, even after the distribution of those by the producer himself or with his authorization. - the right to place at the disposal of the public, by wire or wireless, their audio or audio-visual recordings so that individuals may have access in the place and time that they choose. These rights recognized to the producers of the audio or audio-visual recordings constitute exclusive rights to authorize the integral or partial exploitation of their audio or audio-visual recordings. The duration of the protection of the rights of the producers of the audio or audio-visual recordings is fifty years as from January first of the year following that when the audio or audio-visual recording was published or, failing such a publication within fifty years as from January first of the year following that of the fixing of the audio or audio-visual recordings. Article 47 - septies-: It shall be meant by radio and television institutions, within the meaning of the law herein: the institutions which produce or distribute the sounds, images or sounds and images by wire or wireless or by any other mean, for purposes of communication to the public. Article 47 - octies-: The radio and television institutions have on their broadcasts the following rights: - the right of fixing, recording on material support their broadcasts or reproduction of these recordings. - the right of re-diffusion of their broadcasts. - the right of communication to the public of their television broadcasts when it is made in places accessible to the public against payment of entrance fees. These rights constitute exclusive rights recognized to the radio and television institutions to authorize the integral or partial exploitation of their broadcasts. Article 47 - nonies-: The protection of the rights of the radio and television institutions lasts fifty years as from the first of January of the year which follows that of: - the fixing, for the audio or audio-visual recordings and performances fixed on those. - the performance, for the non fixed performances on audio or audio-visual recordings. - the broadcasting, for the radio and television broadcasts. Official Gazette of the Republic of Tunisia — 30 June 2009 Page 747

Select target paragraph3