共享资源:各地著作权法规/突尼斯
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著作权法规： 突尼斯 快捷方式: COM:突尼斯 | |
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| 保护期限 | |
|---|---|
| 标准 | 作者逝世+50年 |
| 照片 | 创作年份+50年 |
| 匿名 | 出版 + 50年 |
| 视听作品 | 創作或發表年份+50年 |
| 死后出版 | 出版 + 50年 |
| 其他 | |
| 全景自由 | 是 |
| 截至年底 | 是 |
| 一般授权条款标签 | {{PD-Tunisia}} |
| 协议 | |
| 伯尔尼公约 | 1887年12月5日 |
| 世界贸易组织成员 | 1995年3月29日 |
| 乌拉圭回合协议法案回溯日期* | 1996年1月1日 |
| *只要一个作品在美国可以受版权保护，在1928年12月31日之后发表，并在来源国的URAA日期受版权保护，那么它通常会在美国受保护。 | |
本页提供突尼斯版权法规的概况，用以辅助向维基共享资源上传作品。请注意，任何原来在突尼斯当地发表的作品，必须在突尼斯和美国同时处于公有领域或是以自由授权协议发布，才能够上传至维基共享资源。如果您对于在突尼斯发表的任何一个作品的著作权有疑虑，请参考下列对应的法规来进行厘清。
背景
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]
一般规则
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]
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.
Folklore: not free
参见：共享资源:付费公有领域
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]
版权标签
参见：共享資源:著作權標籤
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.
全景自由
参见：共享资源:全景自由
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)]
参见
引用
- ↑ a b Tunisia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law No. 94-36 of February 24, 1994, on Literary and Artistic Property. Tunisia (1994). Retrieved on 2018-11-08.
- ↑ 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 2018-11-08.