Copyright and related rights in Tunisia

The law relating to copyright goes back to 1994 (Law n° 94-36 of February, 24 1994). Tunisia is party to the Berne Convention (Paris Act, 1971), to the WIPO Convention and to the TRIPS Agreement. There is in Tunisia a collective management body, the Tunisian Body for the Protection of Copyright (Organisme Tunisien de Protection des Droits d’Auteurs (OTPDA)), a non-administrative public office placed under the wardship of the Ministry of Culture and Heritage.

1. INTERNATIONAL INSTRUMENTS

Tunisia is bound by the following instruments:

  • Berne Convention (on literary and artistic works ), since December 1887
  • WIPO Convention, since November 1975.
  • TRIPS Agreement since January 1995

2. NATIONAL LEGISLATION:

  • Law n° 94-36 of February, 24 1994 on Literary and Artistic Property.
  • Decree n° 96-2230 of November, 11 1996

National law regulation of cinematographic and audiovisual works

Right holders:
  • authors (except for the director and composer of the music especially made for the film authors are not mentioned by the law).
Protected rights:
  • Authors’ rights :
    • economic rights: reproduction right; right of adaptation and translation; public performance right; broadcasting right; right of communication to the public by cable or satellite or any other means; right of communication of a broadcast work in a public place.
    • moral rights: right to claim authorship; right to object modification; right of disclosure; right of withdrawal.
  • Performers' rights: The law contains no provisions regarding performers.
  • Broadcasters' rights: The law contains no provisions regarding broadcasters.
Assignability of rights:
  • authors’ rights: assignable inter vivos and transferable mortis causae by application of the law. The law stipulates that the co-authors of a cinematographic or audiovisual work who by contract assign their rights to the producer shall retain their moral rights.
Existence of a presumtion of assignment of rights to the producer:

no.

Duration of rights:
  • economic rights : 50 years after the death of the last co-author to survive.
Infringements of rights punished by law:
  • any infringement of rights protected by law
  • import of infringing copies
Proceedings and penalties:
  • civil and penal actions
  • imprisonment from 1 to 6 months (only in case of repetition of infringement)
  • fines
  • seizure of infringing copies
  • destruction of infringing copies
  • final or temporary closure of establishment
  • allocation of damages

3. COMPETENT MINISTRY:

Ministry of Culture and Heritage
rue du 2 mars 1934
La Kasbah
Tunis
Tel.: (216.71) 56.27.59
Fax: (216.71) 56.38.16

4. COLLECTIVE MANAGEMENT OF RIGHTS

Tunisian Body for the Protection of Copyright
37, Rue Michael Nouaima
1005 El Omrane - Tunis
Tel.: (216.71) 84.06.68
28.69.33
Fax : (216.71) 84.71.25
www.culture.tn/culture/HTML/institutions/droitdauteurs.htm

The Tunisian Body for the Protection of Copyright is a multi-disciplinary collective management body. It is a non-administrative public office placed under the wardship of the Ministry of Culture and Heritage.
It has the monopoly on representation, collection and distribution of royalties. It manages the interests of various foreign collective management bodies on. the Tunisian territory. The administrative and financial organisation and the functioning of the Organism are organized by Decree n° 96-2230 of November, 11 1996.
The OTPDA has the right to institute legal proceedings for the defense of the interests which are entrusted to him by its members and its mandators.

5. USEFUL LINKS

Law text in Arab language: www.arabpip.org

International conventions: www.ompi.org, www.wto.org

share this article by email print this page