Copyright and Neighboring Rights in Tunisia

Intellectual property rights are essential for protecting the creations of artists, performers, and producers. In Tunisia, the legal framework for copyright and neighboring rights provides crucial protection for these creative works. Understanding these rights is fundamental for creators, performers, and producers to safeguard their works and receive fair recognition and compensation for their efforts.

Copyright in Tunisia

Copyright in Tunisia is governed by Law No. 94-36 of February 24, 1994, and subsequent amendments. It protects literary and artistic works, including books, articles, speeches, musical compositions, theatrical works, paintings, sculptures, and architectural designs.

Copyright protection is automatic upon the creation of the work and does not require registration. However, registration with the National Library of Tunisia is recommended as it serves as evidence of ownership in case of disputes.

The duration of copyright protection varies depending on the type of work. Generally, it lasts for the life of the author plus 50 years after their death. For collective works, anonymous works, or works published posthumously, protection lasts for 50 years from the date of publication.

Neighboring Rights in Tunisia

Neighboring rights, also known as related rights, protect the rights of performers, producers of phonograms and audiovisual works, and broadcasting organizations. These rights complement copyright protection and ensure that those involved in the creation and dissemination of creative works receive fair recognition and remuneration.

Performers enjoy neighboring rights for their live performances or performances fixed in audio or audiovisual recordings. These rights include the right to be identified as the performer, the right to object to any distortion of their performance, and the right to authorize or prohibit the broadcasting or communication of their performances.

Producers of phonograms and audiovisual works have neighboring rights over their recordings, including the right to authorize reproduction, distribution, rental, and making available to the public.

Broadcasting organizations also enjoy neighboring rights over their broadcasts, including the right to authorize or prohibit the fixation of their broadcasts, re-broadcasting, and communication to the public.