INTELLECTUAL PROPERTY UPDATE: FREQUENT ASKED QUESTIONS (FAQs) ON COPYRIGHT PROTECTION IN TANZANIA

1. What is Copyright?
   

   Copyright is the sole legal right to print, publish, perform, film or record a literary, artistic or musical work. 

2. What are the laws that govern Copyright in Tanzania Mainland?
   

   In Tanzania Mainland copyright is governed under the Copyright and Neighboring Rights Act, “the Act” Chapter 218 (Revised Edition of 2002), Copyright and Neighboring Rights (Registration of Members and their works) Regulations, 2005, G.N. No. 6 of 20 January. 2006, Copyright and Neighboring Rights (Registration of Members and their Works) (Amendment) Regulations, 2013, G.N. No. 413 of 2013 and Films and Music Products Regulations, 2013. 

3. What Authority or body that administers Copyright matters in Tanzania Mainland?
   

   Copyright Society of Tanzania (COSOTA) is an organization established under Section 46 of the Act. This section is responsible for managing copyright issues in Tanzania. As such, COSOTA is established to promote and protect the interest of performers, translators and publishers. 

4. What are the functions of COSOTA?
   

   COSOTA has a number of functions. The major one being to maintain registered works. COSOTA has a mandate to promote and protect the interest of authors. of sound recordings and broadcasters and has a role of preventing and reducing piracy. 

5. Is payment of royalties recognizable in Tanzania?
   

   COSOTA also has a function of being a collective Management organization. It has a mandate of also to promote and protect the interest of authors, performers, publishers, producers of sound recordings, broadcasters and in particular, distribute royalties or other remunerations accorded to them in respect of their rights. 

6. What are the types of rights entailed under a Copyright?
   

   Under Copyright there are two kinds of rights, which the author of a work is entitled. These are Economic Rights and Moral Rights. 

   The Economic Rights include, reproduction of the work, distribution of the work, rental of the original or copy of an audio-visual work, public exhibition of the work, translation of the work, adaptations of the work, public performance of the work and importation of copies of the work.

   On the other hand, Moral Rights refers to the rights of the author to claim authorship of his / her work. This entails the right to object and to seek relief against any distribution, mutilation, other modification of, and any other derogative act in relation to his / her work, where such deed would be or is detrimental to his/her character.

7. What is Neighbouring Rights?
   

   Neighbouring Rights are the secondary rights of the copyright. This is the right which performers are entitled to. Such performers are singers, musicians and dancers. For example, producers of sound recording, compact discs recording and broadcasting entities in the radio and television programs are the performers eligible for Neighbouring Rights. Performers are protected by the Act against certain acts in which they have not consented.

8. Who is eligible for the legal right under Copyright?
   

   This legal right under copyright is given to the author / originator or assignee of the performing, film or record a literary, artistic or musical work.

9. What are examples of works which can be protected under Copyright?
   

   The works that are eligible for copyright protection include books, pamphlets and other writings, including computer programs; lectures, addresses, sermons and other works of the same nature, dramatic and dramatic – musical works; musical works (vocal and instrumental) whether or not they include accompanying words, photographic works including works expresses by processes analogous to photograph etc.

10. Who is the author of a Copyright?
    

    The author of a Copyright work is, generally, a person who created it. The author may not necessary own the copyright. The author who created the work is, however, regarded as the first owner of the Copyright. An exception is for works made by an employee in the course of his or her employment.

11. Is Copyright a Union Matter?
    

    All intellectual property rights in Tanzania are not a union matter. Both Mainland Tanzania and Zanzibar have distinct intellectual property regulatory regime. Whereas, in Tanzania mainland there is COSOTA, in Zanzibar there is Copyright Society of Zanzibar (COSOZA). COSOZA is a government institution formed in 2003. It was formed through the Act of Parliament No. 14 of 2003. 

12. Can one protect Copyrighted Works in other jurisdictions?
    

    Yes. Registration in other jurisdictions is possible and recommended as Copyright laws are territorial. This will guarantee protection in other jurisdiction outside Tanzania.   Tanzania ratified the Berne Convention for protection of literal and artistic works. The Treaty became effective on the 25th July 1994. By Tanzania being a member of this Convention, a Copyrighted work from Tanzania can afford Copyright protection in all the countries who are also members of the Convention. 

13. How does the protection under Berne Convention works?
    

    The Berne convention, is an international agreement governing Copyright. The convention deals with the protection of works.  It also deals with the right of the authors. The Berne Convention, provides creators such as authors, musicians etc. with the means to control how their works are used, by whom, and on what terms.

14. Is protection of Copyrightable work in members of the Berne Convention automatic?
    

    Under Article 3, the protection of the Convention applies to nationals and residents of countries that are party to the convention. Also to works first published or simultaneously published. That is published within thirty (30) days. The Berne Convention requires its parties to treat the copyright of works of authors from other parties to the convention establishing a system of equal treatment that harmonized copyright amongst parties.

15. Is it mandatory to register your Copyright?
    

    Copyright as it is, is acknowledged even without registration. So registration of the Copyright is not mandatory. However, registration of the Copyright is of utmost importance. Specifically, when it comes to protection and enforcement of Copyright. The Copyright registration system enables the author to enjoy legal protection rights. Also, this can be used in adducing evidence in Court and in dispute settlements. 

16. 1. Who is eligible for Copyright Protection in Tanzania?
       

       Generally, copyright protection in Tanzania is available to:

       1. 1. Works of authors who are nationals of Tanzania, or have their habitual residence in Tanzania,
          2. Works first published in Tanzania, irrespective of the nationality or residence of their authors. 
          3. Works first published in a foreign country of authors of foreign nationality and having their residence in a foreign country, provided that the country where the author has his habitual residence provides the same protection to the works first published in Tanzania.

17. 1. What are the requirements and procedure of registering a Copyright in Tanzania Mainland?
       

       1. 1. Filing of an application for registration of Copyright, in a prescribed form with COSOTA. The form to be accompanied by:
       1. 1. 1. two copies of the copyrighted work; 
             2. two passport-size photographs of the applicant; 
             3. A copy of the applicant’s passport, National Identity card or birth certificate; 
             4. A copy of the passport, National Identity card or birth certificate of the applicant’s next of kin; A copy of any agreement or other document evidencing other rights holders’ contributions to and / or ownership of the copyrighted work.
             5. For the creator of any copyright idea under the group or company must show the relation in a written form between the declaration and the group/company.
             6. Names of group members and representative if it is a group or band or choir. 
             7. A declaration if the creator of any copyright idea is under the group or company.

18. What is Copyright Piracy?
    

    Copyright Piracy is any publication, print or performance of the work without authorization of the author or assignee.

19. What actions amount to infringement of Copyright in Tanzania?
    

    The illegal reproduction, translation, adaptation and distribution of copyrighted work without authorization or permission by the author of the work, is deemed to have infringed a Copyright. 

20. Are there any remedies in case of Copyright infringements?
    

    Yes. An author of work can get remedies in a court of law in case of Copyright infringement. These remedies include damages / compensation, account for profit, interlocutory injunction, delivery up of infringing articles and destruction of infringing articles. 

21. What are the benefits of Copyright registration in Tanzania?
    

    Copyright owners in Tanzania enjoy a number of exclusive rights under the Act. These include the rights of reproduction, distribution and rental of the original work. It also includes public exhibition and performance. Furthermore, it includes, translation, adaptation, broadcasting and other communication. It also includes importation of copies of the copyrighted work. 

22.  What is not protected under Copyright Law in Tanzania?
    

    Section 7 of the Act does not extend its protection to the following:

    1. 1. Laws and decisions of Courts and administrative bodies as well as official translation;
       2. News of the day published, broadcast or publicly communicated by any other means;
       3. Any idea, procedure, method of operation, concept principle, discovery or mere data, even if expressed, describe explained, illustrated or embodied in a work. 

23. What are Copyright licenses?
    

    Copyright licenses can be either exclusive or non-exclusive. A non-exclusive license may reserve rights for the copyright owner (who, except in cases of assignment, will generally be the author of the work), allow for granting of additional non-exclusive licenses to other third parties, or both. 

    In order for a license to be exclusive, the license agreement must be in writing and signed by both parties, and the exclusivity must either be clearly stated in the license agreement or else obvious under the circumstances.

24. How is Copyright licenses and assignment granted?
    

    Both copyright licenses and copyright assignments can be granted either in whole or in part. Copyright owners enjoy several exclusive rights – including the rights of reproduction, distribution, rental, public exhibition, translation, adaptation, public performance and broadcasting, and importation of copies – and they can license and assign these exclusive rights either individually or in gross. For example, a product designer may desire to license the right to reproduce and distribute his or her copyrighted work. In so licensing, he retains the right to create adaptations of the original design for future products.

25. What is the duration of the Copyright protection?
    

    The duration of Copyright protection is in two folds. The author of work is afforded protection of his work during his whole lifetime. On the other hand, the author work gets protected under Copyright fifty years after his / her death. 

    In case of the joint authorship; duration of Copyright protection is the life of the last surviving author and fifty years after his / her death. 

    For a work published anonymously or under pseudonym, duration of Copyright protection is, subject to certain exceptions, fifty years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest. 

     

Important Notice:

This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, Breakthrough Attorneys, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it.