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Copyright rules: Tunisia Shortcut: COM:TUNISIA | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Creation + 50 years |
| Anonymous | Publish + 50 years |
| Audiovisual | Create/publish + 50 years |
| Posthumous | Publish + 50 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Tunisia}} |
| ISO 3166-1 alpha-3 | TUN |
| Treaties | |
| Berne convention | 5 December 1887 |
| WTO member | 29 March 1995 |
| URAA restoration date?* | 1 January 1996 |
| *?A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1929 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Tunisia relevant to uploading works into Wikimedia Commons. Note that any work originating in Tunisia must be in the public domain, or available under a free license, in both Tunisia and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Tunisia, refer to the relevant laws for clarification.
Background
The French colonization of Tunisia occurred in 1881. Tunisia gained full independence on 20 March 1956.
Tunisia has been a member of the Berne Convention since 5 December 1887 and the World Trade Organization since 29 March 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 94-36 of February 24, 1994, on Literary and Artistic Property as the main IP law enacted by the legislature of Tunisia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This was amended by Law No. 2009-33 of 23 June 2009 amending and supplementing Law No. 94 36 of 24 February 1994 on literary and artistic property.[3] The 1994/2009 law repealed the Law No. 66-12 of February 14, 1966 on Literary and Artistic Property.[4]
General rules
According to the 1994 law as amended in 2009,
- Protection of the rights of the author lasts during his entire life, the remainder of the year of his death and 50 years, as from January first of the year following that of his death.[2009-33 Article 18]
- For works of collaboration, protection lasts during 50 years as from the first of January of the year following that of the death of the last co-author.[2009-33 Article 18]
- For anonymous or pseudonymous works, protection lasts 50 years as from the first of January of the year following that of the first publication of work.[2009-33 Article 18]
- For works published after the author death, protection lasts 50 years as from January first of the year following that of the first publication of work.[2009-33 Article 18]
- The protection of the pecuniary rights of the author for photographic works lasts 50 years as from the date of realization of work.[2009-33 Article 19]
- The duration of protection of the pecuniary rights of cinematographic or audio-visual works is 50 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.[2009-33 Article 42bis]
- Notes
- Before 5 July 2009, a photographic work was protected for 25 years from creation. Pictures taken before July 5, 1984 have already been placed into the public domain.
- The repealed Law No. 66-12 of February 14, 1966 on Literary and Artistic Property provided the identical 50-year term for most works, as provided by Articles 29 and 30.[4]
Not protected
See also: Commons:Unprotected works
The final part of Article 1 of the Law No. 94-36 of February 24, 1994, on Literary and Artistic Property as amended by Law No. 2009-33 of 23 June 2009 lists the following things as not covered by copyright:
- Mathematical ideas, procedures, methods of operation or concepts, as such.
- Official texts of a legislative, administrative or judicial nature and their official translations.
- The news of the day or miscellaneous facts which have the character of simple press information.
Folklore: not free
See also: Commons:Paying public domain
Folklore forms part of the national heritage and any transcription of folklore with a view to exploitation for profit shall require authorization from the Ministry responsible for culture against payment of a fee for the benefit of the welfare fund of the Copyright Protection Agency. Authorization from the Ministry responsible for culture shall also be required for the production of works inspired by folklore for the full or partial assignment of copyright in a work inspired by folklore or for an exclusive license with respect to such work. Folklore within the meaning of this Law shall be any artistic heritage bequeathed by preceding generations and bound up with customs and traditions and any aspect of folk creation such as folk stories, writings, music and dance.[94-36/1994 Article 7]
Copyright tags
See also: Commons:Copyright tags
The Tunisian law n°94-36 of February 24, 1994 on literary and artistic property stipulates that:
- Copyright shall subsist for the lifetime of the author and for 50 Gregorian years counted from January 1 of the year following the author's death…
- In the case of works of joint authorship, the date of the death of the last surviving author…
- In the case of anonymous or pseudonymous works, copyright shall subsist for 50 years as from the date on which the work has been lawfully made available to the public…
- In the case of photographic works, copyright shall only subsist for 25 Gregorian years as from the year during which the work was made.
Freedom of panorama
See also: Commons:Freedom of panorama
OK except for works of art located inside museums and art galleries. {{FoP-Tunisia}}
- Allowed uses without permission include "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.[2009-33 Article 10(g)]
For other works of art, this panorama exception privilege only applies to the accidental use by films and broadcasts: "It is permissible to reproduce figurative or architectural works of art permanently exhibited in a public place for the purposes of cinematography or television, provided that their insertion in the cinematographic film or television programme is accidental or secondary to the main subject of the film or broadcast."[2009-33 Article 16]
Past discussions: 2009 and 2010.
- Historical versions
- The original version of the 1994 law and the repealed 1966 law only contained the incidental FoP for audio-visual media.
- The 2009 amendment adequately expanded the Tunisian FoP, excluding works within museums and art galleries.
See also: Category:Tunisian FOP cases. See also
Citations
- ↑ a b Tunisia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2025-08-06.
- ↑ Law No. 94-36 of February 24, 1994, on Literary and Artistic Property. Tunisia (1994). Retrieved on 2025-08-06.
- ↑ Law No. 2009-33 of 23 June 2009 amending and supplementing Law No. 94 36 of 24 February 1994 on literary and artistic property. Tunisia (2009). Retrieved on 2025-08-06.
- ↑ a b Le Droit d'Auteur (in French) 23–27. WIPO (1967-02). Retrieved on 2025-08-06.