Template talk:PD-Tunisia

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Extract of the Law[edit]

The Tunisian law n°94-36 (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, copyright shall subsist for the lifetime of the last surviving author and for 50 Gregorian years counted from January 1 of the year following date of the last surviving author's death ;
  • In the case of anonymous or pseudonymous works, copyright shall subsist for 50 Gregorian years from the date on which the work has been lawfully made available to the public ;
  • In the case of photographic works, copyright shall subsist for 25 Gregorian years as from the year during which the work was made.

Update[edit]

The Tunisian parliament has adopted the law n°2009-33 (June 23, 2009) modifying the law n°94-36. The only major change impacts the case of photographic works. Copyright shall now subsist for 50 Gregorian years (no more 25 Gregorian years) as from the year during which the work was made (source in French).

Where can one find law n°2009-33, not just the copyright law as amended? 2009-33 must have said something about whether the new term also applied to photos on which the previous term of 25 years had already expired. Lupo 17:18, 10 July 2009 (UTC)
I did not think about this aspect. The only way is to read the Journal officiel de la République tunisienne. Currently its last online version is that of June 2. We must wait some time before having the complete text of the 2009-33 and see if this aspect is mentioned. I will follow-up. Thanks ! Moumou82 (talk) 18:19, 10 July 2009 (UTC)
Ok, it's in JORT n°: 052 du 30/06/2009. Doesn't say anything on this. Neither do the two statements by the Conseil Constitutionnel. Lupo 09:15, 13 July 2009 (UTC)
So do we consider the principle of non retroactivity of the law? Moumou82 (talk) 17:47, 21 July 2009 (UTC)
Where's a Tunisian copyright lawyer when you need one? Anyway, perhaps there should at least be a warning that the copyright status of Tunisian photographs taken more than 25 but less than 50 years ago may be uncertain. —Ilmari Karonen (talk) 20:07, 21 July 2009 (UTC)
Thanks Moumou82 and Lupo for the links : I updated COM:FOP#Tunisia with them. But I need your help. See Commons talk:Freedom of panorama#Tunisia. Teofilo (talk) 21:24, 22 July 2009 (UTC)