United Republic of Tanzania

2 No. 7 Copyright and Neighbouring Rights

14. Duration of author's right

15. Ownership of copyright.

16. Assignment of author's rights.

17. Licences.

18. Transfer of rights.

_19. Disproportionate remuneration.

_20. Non-exercise of exclusive rights.

21. Contract of future grant.

22. General rules of contracts.

23. Contracts for commissioned works. PART III PROTECTION OF EXPRESSION OF FOLKLORE AGAINST ILLICIT EXPLOITATION

24. Protected expression of folklore.

_25. Utilisation subject to authorization.

26. Exceptions.

27. Acknowledgement of source.

28. Authorization.

29. Competent authorities.

_30. interpretation.

THE UNITED REPUBLIC OF TANZANIA

No. 7 OF 1999 I ASSENT,

.

President 2nd June, 1999

An Act to make better provisions for protection of copyright and neighbouring rights in literary, artistic works and folklore and for related matters

II

ENACTED by the Parliament of the United Republic of Tanzania.

PART I PRELIMINARY PROVISIONS I.-(I) This Act may be cited as Short title and the Copyright and Neighbouring Rights commencement

Act, 1999.

(2) This Act shall come into

operation on such date as the Minister may, by notice in the Gazette, appoint.

Objectives

2. In order to promote the creation of literary and artistic works, to safeguard expressions ^{of traditional}

6 No. 7 Copyright and Neighbouring Rights 1999 culture and to further productive activities in the field of communicating to the public author's works, expression of folklore, other cultural productions and events of general interest, this Act

(i)

protects the moral and economic interests of authors relating to the works, by recognising exclusive author's rights and providing for just and reasonable conditions of lawful use of authors' work and regulated access to them;

(ii)

provides for the protection of expressions of folklore by rendering certain uses thereof subject to authorisation and determining offences against

...

No. 7 Copyright and Neighbouring Rights

1999

folklore developed and maintained in the United Republic of Tanzania.

(3) Protection of performance under this Act is available where

(a)

the performer is a national of the United Republic of Tanzania; or

(b)

the performance took place on the territory of the United Republic of Tanzania;

(c)

the performance is fixed in a phonogram or in audiovisual form qualifying for protection under subsection (4);

(d)

the performance, which has not been fixed in a phonogram or in audio visual form, is embodied in a broadcast qualifying for protection under subsection

(5);

No. 7 Copyright and Neighbouring Rights 1999 11

(6)

This Act shall further apply to

(a)

unpublished works and

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 _{or, in case} of

published works, the country of their first publication, grants similar protection to nationals or residents of the

country Republic of Tanzania their unpublishedfor works or to works first published in the United Republic

1999

(c) works, expression of folklore, performances, phonogram and broadcasts which are to be protected in the United Republic of Tanzania by virtue of and in accordance with

international conventions which it is apart

.

14 No. 7 Copyright and Neighbouring Rights

including transmission by satellite;

''Communication to the public'' means the transmission

3

by wire, or without wire, of the images or sound, or both, of a work, a performance, a sound recording or a broadcast, in such a way that the images or sounds can be perceived or accessed by persons outside the normal circle of a family and its closest social acquaintances at a place so distant from the place where the transmission, the images or sounds would not be perceivable or accessible and, further, irrespective of

No. 7Copyright and Neighbouring Rights 1999 15

-

whether the persons can

receive or access the

images or sound at the same place and time, or at different places and/or

times individually chosen

''Computer'' means an electronic or similar device having information processing capabilities;

''Computer Program means a setof instruction expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, of causing a computer to perform or achieve a particular task or result;

16 No. 7 Copyright and Neighbouring Rights 1999 ''Court'' means the District Court established under the Magistrates Courts Act, Act No. 2

1984;

''Copyright'' means the sole legal right to print, publish, perform film or record a

literally or artistic or

No. 7 Copyright and Neighbouring Rights 1999 17

Or other conductor device, to the public or any section thereof, for reception; ''distribution to the public of the work, or a copy of a work

or a sound recording'' refers to any act by which such copies are offered to the general public or any section thereof, mainly through appropriate commercial channels;

''Expression of folklore'' means production consisting of characteristic elements of the traditional artistic heritage developed and maintained over

generations by a community or by individuals reflecting the

18 No. 7Copyright and Neighbouring Rights 1999

.

traditional artistic

expectations of their

community;

" fixation'' means the embodiment of sounds or images or both or representations of sounds or images in a material sufficiently

permanent or stable to permit them to, be perceived, reproduced or otherwise communicated

during a period of more

than transitory duration; "

''Minister means the minister for the time being responsible for copyright and

neighbouring rights;

''neighbouring rights'' means the secondary right of copyright which No. 7 Copyright and Neighbouring Rights

1999

_performers are entitled;

''performers'' means. actors, singers, musicians, dancers and. other persons who act, sing, deliver declaim, play in or otherwise perform

literary or artistic, works

including expressions of folklore,, and variety, and circus artists;

''phonogram" means any exclusively aural fixation

of, the sounds of a

performance or of other

sounds, or f of a

representation of sound

regardless of the method by which the sound are fixed on the sounds are embodied, and it does not

20 No. 7 Copyright and Neighbouring Rights

include a fixation of

sounds and images, such as

the sound track of an

audio-visual work-

I

''Producer of phonograms'' means the person who, or the legal entity which first fixes the sounds of a performance or other sounds

9

99

'public exhibition means ashowing of the original or copy of the work:

(a)

directly;

(b)

by means of a film, television images or otherwise on screen;

(c)

by means of any other device of process; or

(d)

in the case of an

No. 7 Copyright and Neighbouring Rights _{1999 21}

audio-visual work, the showing of individual images consequentially;

at a place or places where a person

outside the normal circle of a

family and its closest social

acquaintances are or can be

present, irrespective of whether

they are or can be present at the

same place and time or at

different places and /or times, and

where the work can be displayed

without communication to the

public;

''public performance includes-''

(a) in the case of a work other than an audiovisual work, the recitation, playing,

11

dancing, acting _or

No. 7 Copyright and Neighbouring Rights 1999 23

closest acquaintances

are or can be present, irrespective o f whether they are or

can be present at the

same place and time, or at different places and times or both, and where the

performance ^{can be} perceived without the need for

communication to the public; published'' refers to a work, or a phonogram tangible copies of which have been

made available to the _public. in a reasonable

quantity for sale, rental,

public lending or for other

24 No. 7 Copyright and Neighbouring Rights

transfer of the ownership or the possession of the copies, provided that in the case of a work, the making available to the public took place with the consent of the author or other owner of copyright, and in the case of a phonogram, with the consent of producer of the

phonogram. or his successor in title; ''rebroadcasting'' _{means the}

unchanged broadcasting

organization of the

broadcast of another broadcasting organization; ⁴⁴reproduction'' means the making

of one or more copies of a work or of a phonogram. in any manner of form,

_{No. 7} Copyright and Neighbouring Rights 1999 25

including any Sound or

-Visual recording or any

.permanent temporary storage of the work ^or phonograrn in electronic form; ''video recording'' means the

17

embodiment of interrelated changing images, with or without accompanying

sounds, in Some enduring _material form permitting,

them to repeatedly perceived, reproduced, or

Tanzania'' means

also works first published _abroad but thereafter

No. 7 Copyright and Neighbouring Rights 1999

published in the United Republic of Tanzania within thirty days;

⁶⁴works of joint authorship'' means works created by two or more authors m collaboration, in which the individual contributions are

indistinguishable from

each other; and

^{~ C}rights managernent information'' is any information which identifies the author, the work, the performer, the performance ^{or tile} performer, the producer of the sound recording, the broadcast, or the owner of any right under this Act, or information about ^the terms and conditions of use

_{No. 7} Copyright and Neighbouring Rights 1999 27

of the work, the performance, the sound recording or the broadcast, _and any numbers or codes that represent such information, when any of these items of information is attached to a copy of

work, fixed

performance, a sound recording or a fixed broadcast, or appears in the

connection with

broadcasting,

communication to the

public or making available

to the public of a work, a

^{28 No ,7} Copyright and Neighbouring Rights

the creation of such works.

(2) In this section literary and _{artistic works shall} include in

particular

(a) books, pamphlets and

^other writings, including Computer

_{No. 7} Copyright and Neighbouring Rights 1999 31

transformation of literary, and artistic works- and

3~

(b) collection of literary and

artistic works, such as and

encyclopedia anthologies; or collection of expressions of folklore and compilation of data or data bases which, by reason of selection and arrangement of their contents constitute intellectual creation; and

(c) works inspired by expression of folklore. The protection of any work

(2) referred to in subsection (1) of this section shall be without prejudice to any

protection of a pre-existing work or expression of folklore ^utilized for making of such work.

32 No. 7 Copyright and Neighbouring Rights

No. 7 Copyright and Neighbouring Rights 1999 33

Economic rights 9-41) Subject to the provisions of sections 12 to 21 the author shall have the exclusive right to carry out or to authorize the following acts ⁱⁿ relation to the work

(a)

reproduction of the work;

(b)

distribution of the work;

(c)

the rental of the original or a _{copy of an} audio-visual

work, a work embodied in a sound recording, a computer program, a database, or a musical work in the form of notation, irrespective of the ownership of the original or copy concerned;

(d) public exhibition of thework

^{34 No. 7} Copyright and Neighbouring Rights ¹⁹⁹⁹

(e)

translation of the work

(f)

adaptation of the work;

(g)

public performance of the work;

(h)

broadcasting of the work; G) other communication to the public of the work;

0) importation of copies of the work.

(2) The right of rental under paragraph (c) of subsection (1) of this section does not apply to the rental of computer programs where the program itself is not the essential object of the rental.

10. _-(l) The right to authorize Right of distribution distribution provided for in section 9(l)

(b), shall cease to exist in respect of the original or a copy of the work which

No. 7 Copyright and Neighbouring Rights 1999 35 has been sold by the author or other owner of copyright, or with his authorization,, on the territory of the United Republic of Tanzania.

(2) Notwithstanding the provisions included in subsection (2) of section 9, the author or any owner of copyright preserves the exclusive rights to authorize the rental of copies of such works after the sale of the copies.

Moral rights 11. The author of a protected work shall have the right

(a) to claim authorship of his work,, in particular that his authorship be indicated in connection with any of the acts referred to in section 9, except when the work is included by means of photography, sound or

_{36 No. 7} Copyright and Neighbouring Rights ₁₉₉₉

visual recording broadcasting or distribution by cable-_I

(b) to object to and to seek relief connection with, any distribution, mutilation other modification of, and any other derogative action

in relation to, his work, where such action would be or is prejudicial to his honour or reputation.

_12.-(I) Notwithstanding the Free use provisions of section 9, the following uses of a protected work, either in the original or in translation, shall be

_permissible without tile _authors' consent ^and the obligation to pay remuneration for the use of the work.

(2) In the case of any work

Copyright and Neighbouring Rights

No. 7 1999 37

(a) the production, translation

adaptation, arrangement or other transformation of such work exclusively for the

user's owl] personal use

private provided that Such reproduction does not conflict will normal

exploitation of the work and does not unreasonably prejudice the legimate

interest, of the author

(b) tile inclusion, subject to

mention of the source and

the name of the author or quotations from such work in another work, provided that ^Such quotation, are

38 No. 7 Copyright and Neighbouring Rights 1999

compatible with fair practice and their extent does not exceed that justified by

the purpose, including

quotations for news paper paper articles and periodicals in the form of press summaries,

(c) the utilization of the work by way of illustration in publications, ^broadcasts,

_programs distributed _by cable, or sound or visual recordings for teaching, to the extent Justified by the purpose or ^the

communication for teaching

purposes of the work

broadcast or distributed by

cable for the use in schools,

education, universities

Copyright and Neighbouring Rights

^{No. 7} 1999 39

and professional training, provided that Such use is compatible with fair practice and that the source and the

name of the author ^are the

mentioned in publication, the broadcast, the programme distributed by cable or the recording.

(3) The distribution by cable or any work broadcast, where the beneficiaries of the distribution by cable live in the one and the same building, or group of buildings none of which is separated from another building by a public street or road, if the cable distributed originated from the same building or group of buildings and the distribution by cable is done without gainful intent.

(4) In the case of any article

40 No. 7 Copyright and Neighbouring Rights 1999

published in newspaper or periodicals oil current economic. political religious topics, and in the case of any work of the same character broadcast or distributed by cable, the reproduction of

such article or Such work in the press, or the cornmunication of it to the Public, unless the said article when broadcast or distributed by cable, was accompanied by express provision prohibiting Such use, and provided that the source of it when used in the said manner is clearly

indicated.

(5) For the purpose of reporting

reproduction of making available to the public, to the extent justified by the informatory purpose, of any work that can be seen or heard in the course of

the said event.

No. 7 Copyright and Neighbouring Rights _{1999 41}

(6) The reproduction of works

of art and of architecture in an audiovisual or video recording, and the communication to the public of the works so reproduced, if the said works are permanently located in a place where they can be viewed by the public or are included in the audio work or video recording only by way of background or as incidental to tile essential matters represented.

(7) The reproduction, by photography of sound of ^video recording, or electronic storage, by public libraries, non-commercial documentation centres, ^scientific institutions and educational establishments of literary and artistic works which have already been lawfully made available to the pubic, provided

42 No. 7 Copyright and Neighbouring Rights 1999

such reproduction, the number of copies made,

and the use thereof are limited to the needs of

the regular activities of the entity reproducing

the work, and neither conflict with the normal

exploitation of the work nor unreasonably

prejudice the

legitimate interests of the author.

(8)

The reproduction in the press or the communication to the public of

(a)

any political speech delivered in public or any speech delivered ^during legal proceedings; or

(b)

any lecture, address, sermon or other work of the same nature delivered in public, provided that the use is exclusively for the purpose of current information, the author retaining the right to

publish a collection of such works.

_{No. 7} Copyright and Neighbouring Rights 1999 43

Temporary reproduction

(9) The recording, by any broadcasting organisation for the

I

purpose of its own broadcasts and bymeans of its own facilities, ill one or several copies, of any work. which it is authorized to broadcast. All copies of

_{such recording shall be} destroyed within six months or any longer period agreed to by the author.

(10) Where a recording made under subsection (9) has an exceptional documentary character, a copy of it may

be preserved in official archives, without the prejudice to the application of the provisions of this Act.

13. Notwithstanding the provisions of section 9, the temporary

Copyright and Neighbouring Rights

No. 7 1999 45

Duration of authors right

work of any other purpose than those referred to in paragraphs (i) and (ii) above.

14.-(I) Subject to the-provisions of subsections (2) to (5), of this section, the economic and moral rights shall be protected during the life of the author and for fifty years after his death.

(2)

In the case of a work of joint authorship, the economic and moral tights shall be protected during the life of the last surviving author and fifty years after his death.

(3)

In the case of a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for fifty years from the date on which the work was either made, first made available to the public or first published, which ever

46 No. 7 Copyright and Neighbouring Rights 1999

date is the latest, provided that where the author's identity is revealed or is no longer in doubt before the expiration of the said period, the provisions of subsection (1) or subsection (2) shall apply, as the case may be.

(4)

In the case of audiovisuals work, the economic and moral rights shall be protected for 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.

(5)

In the case of a work of applied art, the economic and moral rights shall be protected for twenty five years from the making of the work.

(6)

Every period provided for under the proceeding subsections shall continue until the end of the calendar year in which it would otherwise expire.

No. 7 Copyright and Neighbouring Rights 1999 47

Ownership of

copyright

.

15.-(I) The right in a work protected under this Act shall be owned in the first instance by the author or authors who created the work.

The authors of a work of joint authorship shall be co-owners of the said rights.

(2) In respect of audio-visual work, the original ^owner of the economic right shall be the. co author of the audio-visual work who, in the absence of proof of the contrary, shall be presumed to be the author of the scenario, the author of the dialogue, the composer of the music specifically created for the audio-visual work, the director, provided that he has exercised

actual supervision and made an actual intellectual contribution to the creation of the work. The author of pre-existing works included in, or adopted for, the

48 No. 7 Copyright and Neighbouring Rights

audio-visual in, or adapted for, the audio-visual work shall be assimilated to the co-author of the audio-visual work.

(3) The conclusion of a contract under which the co-author of an individual work undertakes to make contribution to, or under which the authors of pre-existing works authorize their works to be included in, or adopted for, an audio-visual work shall, unless provided otherwise in the said contracts, imply a presumption of the assignment, to the producer of the audio-visual work, of the economic rights in their contributions. The coauthors shall however, maintain their economic rights in their contributions or pre-existing works, respectively, to the extent that those contributions or preexisting works can be subject of acts

No. 7 Copyright and Neighbouring Rights 199949

covered by their economic rights separately from the audio-visual works.

(4) in the case of a work created by an author for any person or body corporate in the course of fulfillment of his or her duties under a contract of service or employment, the rights of the work referred to in section 9 shall, in the absence of contractual provisions to

the contrary, be deemed to be assigned to the employer of the author to such extent as may be necessary to its

customary activities at the time of the conclusion of the relevant contract of service or employment.

(5) In the absence of proof to the contrary, the author of a work is the person under whose name the work is

_disclosed. This provision shall be applicable even if the ^{name is a} pseudonym, where ^{the pseudonym}

_{50 No. 7} Copyright and Neighbouring Rights 1999

leaves no doubt as to the identity of the

author.

(6) In the case of ail anonymous or pseudonymous work. subject to the

provisions in the second sentence of Subsection (5), the publisher whose name appears on the work shall. in the

absence of proof to the contrary ^be

presumed to represent the author and, in this _capacity, shall be entitled to exercise and enforce the moral and

economic rights of the author. This presumption shall cease to apply when

the author reveals his identity.

(7) The rights referred to in

section 9 to II shall be inherited according to the general rules of the law

of succession.

_16.-(1) The rights referred to in Assignment of section 9 shall be assignable in the author's rights whole or in part. ^.

No. 7 Copyright and Neighbouring Rights _{1999 51}

Any assignment of a right

-

referred to in section 9 shall be In

writing signed by the assignee.

(3) An assignment, in whole or in part, of any right referred to in section 9 shall not include or be deemed to include the assignment of any other

rights referred to therein.

(4)

Notwithstanding ^the provisions of section 2 1 the assignment of right in future work shall be void.

(5)

The transfer of ownership of the original or of one or several copies of a work shall not imply tile assignment of right in the work.

Licences 17. -(I) The author or other owner of copyright may grant non-exclusive or exclusive licences to others to carry out, or to authorize the carrying

No. 7 Copyright and Neighbouring Rights 1999 61

(a)

utilization for the purposes of education;

(b)

utilization by way of illustration in an original work of an author or authors, provided that the extent of such utilization is compatible with fair practice;

(c)

borrowing expressions of folklore for creating an original work of an author or authors inspired by folklore;

(d)

incidental utilization of an expression of folklore. including in particular

(i) utilization of ar expression of folklore that can be seen o heard in the course o

62 No. 7 Copyright and Neighbouring Rights a current event for the purposes of reporting on the current event

by means of

photograp hy

broadcasting or sound or visual recording, provided ^that tile

such

extent of utilization is justified by the informatory

purpose;

(ii) utilization of objects containing the expression of folklore which are permanently located in a place where they can be viewed by the

public, if ^the

utilization ^consists

No. 7 Copyright and Neighbouring Rights 199963

Acknowledgement of source

1. In all printed publication, and in connection with any communications to the public, of any identifiable expression of folklore its source shall be indicated in ^an appropriate manner, by mentioning the community and/or geographic place from where the expression utilized has been derived. The provisions shall not apply to utilization referred to in Section 26(c) and (d).

28.

(a) Application for

No. 7 Copyright and Neighboring Rights 1999 67

Republic of Tanzania is a party, nor shall it in any way prejudice other forms of protection provided for the safeguard and preservation of folklore.

PART IV

68 No. 7 Copyright and Neighbouring Rights ₁₉₉₉

performance, other than a fixation made under the terms of section 5 of this Act or otherwise made

without

the authorization of the performer; or

(ii) is a rebroadcasting made or authorized by ^the organization initially broadcasting the performance;

(b)

the fixation of his unfixed performance;

(c)

the direct or indirect reproduction of a fixation of his performance, in any manner or form;

(d)

the first making available to the public of a fixation of his

-

Copyright and Neighbouring Rights

No. 7 1999 69

70 No. 7 Copyright and Neighbouring Rights ₁₉₉₉

(3)

Independently of the performer's economic rights, and even after the transfer of those rights, the performer shall, as regards his live aural performances and performances fixed in phonograms, have the right to claim to be identified as the performer of his performances, except where omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation.

(4)

Nothing in this section shall be construed to deprive performers of the right to agree by contracts on terms and conditions more favourable for them in respect of their performances.

(5)

The rights under this section shall be protected until the end of the

No. 7 Copyright and Neighbouring Rights _{1999 71}

Act requiring authorization of producer of sound

recordings

fiftieth calendar year following the year in which the performance was fixed in phonogram, or in the absence of such a fixation, from the end of the year in which the performance took place.

32.41) Subject to the provisions of section 5 of this Act, a producer of a

(a)

direct _or indirect reproduction of the sound recording, in any manner or

form;

(b)

the making available to the public by sale or other transfer of ownership, of the original or copies of the sound recording that has not already been subject to a