administrative litigation, within the limits required by these procedures or litigation, with indication of source and the author name. f) the pastiches, parodies, caricatures of an original work, taking into account the laws of the kind. g) the reproduction or communication of a work of architecture or fine arts, or of a work of the applied arts or a photographic work, when it is located permanently in a public place, except for the museums, art galleries or any artistic heritage bequeathed by the former generations. Article 12 (new): The public libraries, the non commercial centers and departments of archives and the libraries of the education and training establishments may, without the author authorization, or counterpart, reproduce a work in one or two specimens, to preserve it or replace it if it would be destroyed, lost or made unusable, for the needs of teaching and without that having a commercial or lucrative goal. They also may without the author authorization or counterpart, reproduce an article or a short extract of a writing, other than a computer program, published in a collection of works or an issue of a newspaper or a periodical publication and when the goal of the reproduction is to answer to the request of a natural person and to purposes of research and teaching. Article 13 (new): The Ministry in charge of culture may deliver nonexclusive licenses for: a) the reproduction of protected work for purposes of publication, if it were not previously published in Tunisia, at a price equivalent to that practiced by the national publishers, three years after its first publication if it is about a scientific work, seven years after its first publication if it is about a fiction work, and five years after the first publication for any other work. b) the translation of a protected work for purposes of publication in Tunisia, in form of graphic edition or by sound broadcasting or television broadcasting, if it were not previously translated into Arabic language or put in circulation or communicated to the public in Tunisia, one year after its first publication. The licenses delivered according to the provisions of this article are in no case transferable to the third parties, their validity is limited to the Tunisian territory. It is obligatorily made mention on any specimen of work reproduced and/or translated under license of the Ministry in charge of culture which its putting into circulation is limited only to the Tunisian territory. However, it is allowed to the public administration to dispatch specimens of the work reproduced and/or translated under the license provided for by this article, to the Tunisians resident abroad at aims of teaching, research and without for-profit aim. The author name and the original title of work shall be indicated on all the specimens of reproduction or of the translation published according to the licenses delivered in application of the provisions of paragraphs "a" and "b" of this article. N° 52 The author benefits in counterpart of the delivery of these licenses, from an equitable remuneration paid by the license beneficiary, it is fixed by the institution in charge of the collective management of the copyrights and similar rights which proceeds in this case to its perception and its payment to the rights holders, in the absence of an amicable agreement between the parties. Article 14 (new): The licenses provided for in article 13 of the law herein are delivered for purposes of teaching and research, and at a request presented to the Ministry in charge of culture accompanied by the documents justifying that the applicant for the license could not recognize the entitled person or his representative or that those refused to him their authorization of reproduction or translation for purposes of publication, despite all his diligence. The applicant for the license is bound to address by registered mail, a copy of his request mentioned in first paragraph of this article to any international center concerned by the administration of the international treaties relating to the copyrights and similar rights and whose Tunisia is member, and with the publisher whose name is mentioned on the work. The licenses provided for by this article concerning the reproduction of a protected work, are delivered only six months after the date of presentation of the request if it is about a scientific work, and three months for other works. As for the licenses of translation, this duration is nine months after the presentation of the request. The granted licenses are withdrawn, when the right holder or his representative proceeds, according to the same conditions and price, at the reproduction or translation of the concerned work, in the same language and its contents essentially the same one as that of the authorized translation and its availability to the public at a price equivalent to that which is of custom in Tunisia. The putting into circulation of the specimens of works already reproduced and/or translated before the withdrawal of the license, may be continued until their exhaustion. The licenses may not be delivered for the withdrawn works from the circulation by the entitled person or his representative. Article 18 (new): The protection is granted to the work because of the only fact of its creation whatever the form and the method of expression and even if it is not fixed on a material support. The protection of the non pecuniary rights of the author lasts during his entire life, the remainder of the year of his death and fifty years, as from January first of the year following that of his death or of the date retained by the declaratory judgment of his death, in the event of absence or disappearance. For works of collaboration, protection lasts during fifty years as from the first of January of the year following that of the death of the last collaborator author or the date retained by the declaratory judgment of death, in the event of absence or disappearance. Official Gazette of the Republic of Tunisia — 30 June 2009 Page 741

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