Traditional Knowledge Laws: Tunisia
Title | Law No. 94-36 of February 24, 1994, on Literary and Artistic Property |
Subject Matter | Traditional Cultural Expressions |
Issue(s) | Subject Matter of Protection; Scope of Protection |
Type(s) of Legislation | IP Law |
Subject Matter of Protection
Article 1
Copyright shall subsist in all original literary, scientific or artistic works whatever their value, purpose, mode or form of expression, as also in the title of works. It shall apply equally to a work in its original form and in any form derived from the original. The works in which copyright subsists shall include:
- works inspired by folklore.
Scope of Protection
Article 7
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.
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 established pursuant to this Law.
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.