Back to atlas

country page

Tunisia

Loi n° 94-36 du 24 février 1994 relative à la propriété littéraire et artistique, telle que modifiée et complétée par la loi n° 2009-33 du 23 juin 2009.

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020251994: 20%1995: 20%1996: 20%1997: 20%1998: 20%1999: 20%2000: 20%2001: 20%2002: 20%2003: 20%2004: 20%2005: 20%2006: 20%2007: 20%2008: 20%2009: 20%2010: 20%2011: 20%2012: 20%2013: 20%2014: 20%2015: 20%2016: 20%2017: 20%2018: 20%2019: 20%2020: 20%2021: 20%2022: 20%2023: 20%2024: 20%2025: 20%YearOpenness score (%)

Selected year snapshot

For 2024, the active event in this file is Loi n° 94-36 du 24 février 1994 relative à la propriété littéraire et artistique, telle que modifiée et complétée par la loi n° 2009-33 du 23 juin 2009.

20%

Current rationale

As of 2025, the law in force remains the 1994 Act as amended by the 2009 law. No further amendments to the copyright exceptions have been identified. The most permissive research-relevant exception remains Article 12 (private use), which permits a natural person to make a single copy for strictly personal and private use, but excludes full-work reproduction of: (a) architectural works as plans/constructions, (b) entire books or musical works reprographically, (c) all or essential parts of databases in digital form, and (d) software. Because full-work reproduction IS permitted for some types of works (e.g., journal articles, photographs, audiovisual works, visual art) but NOT for entire books, musical works, databases, or software, this remains ORANGE. Article 10(a) (quotations) is RED standing alone. Article 10(b) (teaching illustration) covers 'use' broadly but is limited to teaching, not independent research. Article 10(c) (institutional archiving/conservation) is limited to preservation, not research supply. Article 13(a) (transient reproduction) is a technical exception. There is no fair use, fair dealing, general research exception, or TDM exception in Tunisian law. Non-commercial restriction and single-copy limit are classification-neutral factors.

Exceptions considered

Art. 10(a)0%Quotation

Quotations from a lawfully accessible work, conforming to fair practice and justified by the purpose

Art. 10(b)100%Educational

Use of works for illustration of teaching through publications, broadcasts, or recordings, conforming to fair practice

Art. 10(c)40%Library Institutional

Reproduction for archiving or conservation by libraries, archives, museums, educational and scientific institutions, limited to needs of their activities, subject to three-step test

Art. 1220%Private UseMost permissive

Single-copy reproduction by a natural person for strictly personal and private use, excluding architectural works as plans, entire books or musical works reprographically, databases in digital form, and software

Art. 13(a)0%Other

Provisional/transient reproduction as part of a technical process for network transmission or lawful use, with no independent economic significance

Law changes

Loi n° 94-36 du 24 février 1994 relative à la propriété littéraire et artistique

Baseline · Effective 1994-03-01

20%

Relevant section: Articles 10, 11

Dates: Effective 1994-03-01 · Enacted 1994-02-24

Why this score

The most permissive research-relevant exception is Article 11, which permits reproduction of a single copy by a natural person for strictly personal and private use. This covers all types of works and all users (as individuals), but it explicitly excludes: (a) architectural works as plans/constructions, (b) reprographic reproduction of an entire book or musical work, (c) all or essential parts of databases in digital form, and (d) software. Because full-work reproduction IS permitted for some types of works (e.g., articles, photographs, films, visual art) but NOT for entire books, musical works, databases, or software, this is ORANGE — full-work reproduction is available for at least some categories but specific categories are carved out. Article 10(a) only permits quotations (excerpts), which would be RED standing alone. Article 10(b) covers illustration for teaching, not directly research. The private/personal qualifier in Article 11 would normally suggest LIGHT BLUE, but the work-type exclusions are more restrictive than the user restriction, so ORANGE applies. Non-commercial restriction and single-copy limit are classification-neutral factors and were not factored into the color decision.

Exceptions considered

Art. 10(a)0%Quotation

Quotations from a lawfully accessible work, conforming to fair practice and justified by the purpose, with attribution

Art. 10(b)100%Educational

Use of works for illustration of teaching through publications, broadcasts, or recordings, conforming to fair practice

Art. 1120%Private UseMost permissive

Single-copy reproduction by a natural person for strictly personal and private use, excluding architectural works as plans, entire books or musical works reprographically, databases in digital form, and software

Original text

English rendering

Source links

Loi n° 2009-33 du 23 juin 2009, modifiant et complétant la loi n° 94-36 du 24 février 1994, relative à la propriété littéraire et artistique

Relevant update · Effective 2009-06-26

20%

Relevant section: Articles 10, 12, 13 (new)

Dates: Effective 2009-06-26 · Enacted 2009-06-23

Why this score

The 2009 amendment renumbered and revised the exceptions. The private use exception (now Art. 12) remains substantively the same as the former Art. 11, still excluding entire books, musical works, databases, and software from full-work reproduction. A new institutional exception was added at Art. 10(c) for libraries, archives, museums, educational and scientific institutions, but it is limited to reproduction for archiving or conservation purposes only — not for research lending or supply to users. Art. 10(a) remains a quotation exception (RED). Art. 10(b) remains an educational illustration exception. Art. 13(a) adds a transient/incidental reproduction exception for technical processes. The overall classification remains ORANGE because Art. 12 (private use) is still the most permissive exception for research reproduction, and it still excludes specific categories of works from full-work reproduction. The institutional exception (Art. 10(c)) is limited to archiving/conservation, not research supply, so it does not improve the classification. Non-commercial restriction and copy limits are classification-neutral.

Exceptions considered

Art. 10(a)0%Quotation

Quotations from a lawfully accessible work, conforming to fair practice and justified by the purpose

Art. 10(b)100%Educational

Use of works for illustration of teaching through publications, broadcasts, or recordings, conforming to fair practice

Art. 10(c)40%Library Institutional

Reproduction for archiving or conservation by libraries, archives, museums, educational and scientific institutions, limited to needs of their activities, subject to three-step test

Art. 1220%Private UseMost permissive

Single-copy reproduction by a natural person for strictly personal and private use, excluding architectural works as plans, entire books or musical works reprographically, databases in digital form, and software

Art. 13(a)0%Other

Provisional/transient reproduction as part of a technical process for network transmission or lawful use, with no independent economic significance

Original text

English rendering

Source links

Loi n° 94-36 du 24 février 1994 relative à la propriété littéraire et artistique, telle que modifiée et complétée par la loi n° 2009-33 du 23 juin 2009

Current law confirmation · Effective 2009-06-26

20%

Relevant section: Articles 10, 12, 13

Dates: Effective 2009-06-26 · Enacted 2009-06-23

Why this score

As of 2025, the law in force remains the 1994 Act as amended by the 2009 law. No further amendments to the copyright exceptions have been identified. The most permissive research-relevant exception remains Article 12 (private use), which permits a natural person to make a single copy for strictly personal and private use, but excludes full-work reproduction of: (a) architectural works as plans/constructions, (b) entire books or musical works reprographically, (c) all or essential parts of databases in digital form, and (d) software. Because full-work reproduction IS permitted for some types of works (e.g., journal articles, photographs, audiovisual works, visual art) but NOT for entire books, musical works, databases, or software, this remains ORANGE. Article 10(a) (quotations) is RED standing alone. Article 10(b) (teaching illustration) covers 'use' broadly but is limited to teaching, not independent research. Article 10(c) (institutional archiving/conservation) is limited to preservation, not research supply. Article 13(a) (transient reproduction) is a technical exception. There is no fair use, fair dealing, general research exception, or TDM exception in Tunisian law. Non-commercial restriction and single-copy limit are classification-neutral factors.

Exceptions considered

Art. 10(a)0%Quotation

Quotations from a lawfully accessible work, conforming to fair practice and justified by the purpose

Art. 10(b)100%Educational

Use of works for illustration of teaching through publications, broadcasts, or recordings, conforming to fair practice

Art. 10(c)40%Library Institutional

Reproduction for archiving or conservation by libraries, archives, museums, educational and scientific institutions, limited to needs of their activities, subject to three-step test

Art. 1220%Private UseMost permissive

Single-copy reproduction by a natural person for strictly personal and private use, excluding architectural works as plans, entire books or musical works reprographically, databases in digital form, and software

Art. 13(a)0%Other

Provisional/transient reproduction as part of a technical process for network transmission or lawful use, with no independent economic significance

Original text

English rendering

Source links