- 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. N° 52 - 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

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