United Republic of Tanzania
Copyright and Neighbouring Rights Act, 1999
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999
- ARRANGEMENT OF SECTIONS
- PART I PRELIMINARY PROVISIONS
- PART II COPY RIGHT
- PART III PROTECTION OF EXPRESSION OF FOLKLORE AGAINST ILLICIT EXPLOITATION
- PART IV PROTECTION OF PERFORMERS, PRODUCERS OF SOUND RECORDINGS AND BROADCASTING ORGANIZATIONS
- PART V SANCTIONS
- PART VI MEASURES, REMEDIES AND SANCTIONS AGAINST ABUSES IN RESPECT OF TECHNICAL MEANS OF PROTECTION AND RIGHTS MANAGEMENT INFORMATION
- PART VII TRANSITIONAL PROVISIONS
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999
ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS
- Short title and commencement.
- PART 11 COPYRIGHT
- Works in which copyright may subsist.
- Derivative works.
- Subject matter not protected.
- Substance of copyright.
- Economic rights.
- Right of distribution.
- Moral rights.
- Free use.
- Temporary reproduction.
2 No. 7 Copyright and Neighbouring Rights
14. Duration of author's right
15. Ownership of copyright.
16. Assignment of author's rights.
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.
27. Acknowledgement of source.
29. Competent authorities.
4 No. 7 Copyright and Neighbowing Rights 1999
MEASURES REMEDIES AND SANCTIONS AGAINST ABUSES IN RESPECT OF TECHNICAL MEANS OF PROTECTION AND RIGHTS MANAGEMENT INFORMATION
|44.||Infringements of technical means of protection and|
|rights management information.|
|46.||Collective administration of|
|copyright and neighbouring rights.|
|47.||Functions of the society.|
|48.||Fees, royalties etc.|
|49.||Funds of Society.|
|50.||Society's accounts and records.|
|52.||Repeal of the Copy Right Act, 1966.|
No. 7 Copyright and Neighbouring Rights 1999 5
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
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
(2) This Act shall come into
operation on such date as the Minister may, by notice in the Gazette, appoint.
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
- 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;
- 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||19997|
|lawful interests relating to|
|their integrity; and|
|(iii) protects lawful interest of|
|performing artists, producers|
|relating to their productions,|
|by granting them relevant|
|3.-(I) This Act shall apply to-||Application|
|works of authors who(a)|
|are nationals of, or|
|works first published(b)|
|Republic of Tanzania,|
8 No 7 Copyright and Neighbouring
residence of their
(c) audio-visual works,
the procedure of which has his headquarters or habitual residence in the United Republic of Tanzania;
(d) works of architecture erected in the United Republic of Tanzania and other artistic works' incorporated in a building or other structure located III
''the United Republic ... of Tanzania. (2), In this. Act the expression of expressions of
''the protection folklore apply to expressions of
No. 7 Copyright and Neighbouring Rights
folklore developed and maintained in the United Republic of Tanzania.
(3) Protection of performance under this Act is available where
- the performer is a national of the United Republic of Tanzania; or
- the performance took place on the territory of the United Republic of Tanzania;
- the performance is fixed in a phonogram or in audiovisual form qualifying for protection under subsection (4);
- 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
10 No 7 Copyright and Neighbouring Rights 1999
- Protection of phonograms, underthis Act is available where
- the producer is a national of theUnited Republic of Tanzania; or
- the first fixation of the sound was
made in the United Republic ofTanzania- and
- the phonogram was first Published in the United Republic of Tanzania.
- Protection of broadcasts underthis Act is available where
- the headquarters of the organization is situated in the United Republic of Tanzania, or
- the broadcast was transmitted from a transmitter situated in the United Republic of Tanzania.
No. 7 Copyright and Neighbouring Rights 1999 11
- This Act shall further apply to
- 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
Tanzania; 12 No. 7 Copyright and Neighbouring Rights
(b) expression of foreign folklore, provided that the country of the community from which such expressions have been derived, grants similar protection to expression folklore develop and maintained in the United
Republic of Tanzania
(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
|No. 7||Copyright and Neighbouring Rights||1999|
|Interpretation||4. In this Act, unless the context otherwise requires''an audio-visual works ''means'' work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and where accompanied by sounds susceptible of being made audible'|
|''author'' means the natural person who creates the works;|
|''broadcasting'' means communication of a work a performance or a sound recording to the public by wireless transmission,|
14 No. 7 Copyright and Neighbouring Rights
including transmission by satellite;
''Communication to the public'' means the transmission
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
''Copyright'' means the sole legal right to print, publish, perform film or record a
literally or artistic or
''copies of phonograms'' means any article which contains sounds taken directly or indirectly from a phonogram. and which embodies all or a substantial part of the sounds fixed in that phonogram; ''distribution by cable'' means the operation by which signals are guided by wire, beam
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
expectations of their
" 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'' means the secondary right of copyright which No. 7 Copyright and Neighbouring Rights
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
''Producer of phonograms'' means the person who, or the legal entity which first fixes the sounds of a performance or other sounds
'public exhibition means ashowing of the original or copy of the work:
- by means of a film, television images or otherwise on screen;
- by means of any other device of process; or
- 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 performance includes-''
(a) in the case of a work other than an audiovisual work, the recitation, playing,
dancing, acting or
22 No. 7 Copyright and Neighbouring Rights
the work, or' the expression of folklore, either directly or by
means of any device
(b) in the case of an
audio-visual work, tile showing of images in sequence and the
making of accompanying sound audible; and
(c) in the case of a sound recording, making the recording sounds
audible, in each case at a place or places
where persons outside
the normal circles of the family and its
No. 7 Copyright and Neighbouring Rights 1999 23
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
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
embodiment of interrelated changing images, with or without accompanying
sounds, in Some enduring material form permitting,
them to repeatedly perceived, reproduced, or
|''works first published in the|
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
each other; and
~ Crights 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
performance, a sound recording or a fixed broadcast, or appears in the
communication to the
public or making available
to the public of a work, a
28 No ,7 Copyright and Neighbouring Rights
PART II COPY RIGHT
5-(1) Authors of original literary and artistic works shall lie
entitled to copyright protection for theirworks under this Act, by the sole fact of.,
the creation of such works.
(2) In this section literary and artistic works shall include in
(a) books, pamphlets and
other writings, including Computer
(b) lectures, addresses,
works of the same nature;
(c) dramatic and
dramatico - musical works-.I
Works in which
copyright may Subsist
28 No. 7 Copyright and Neighbouring Rights 1999
(d) musical works (vocal and instrumental),
whether or not they include accompanying
(e) choreographic works and pantomimes; cinematographer
works, and other audio-visual works-
(g) works of drawing,
painting, architecture, .
sculpture, engraving, lithography and tapestry;
(h) photographic works including works expressed by processes analogous
|30 No. 7||Copyright and Neighbouring Rights works of applied art,(i) whether handicraft or||1999|
|onproduced industrial scale31||an|
|0)||maps,illustrations, andsketchesplans, dimensionalthree|
|geography, topography, architecture||or||.|
|(3) Works shall be protected irrespective of their form of expression,|
|their quality and the purpose for which they were created.|
|6.-(I) The following shall be protected as original works-adaptations,translation,(a) otherandarrangements||Derivative works|
No. 7 Copyright and Neighbouring Rights 1999 31
transformation of literary, and artistic works- and
(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
|7. Notwithstanding the subject matter Provision of sections 5 and 6, protect protection shall not extend to(a) laws and decisions of courts and administrative bodies as||not||Subject matter notprotected|
|well as to official|
|(b) news of the day published, broadcast or publicly communicated by any other means; and|
|(c) any idea, procedure, method of operation, concept principle, discovery or mere data, even if expressed, describe explained, illustrated or embodied in a work|
|8. Copyright in a literary and artistic work comprises the exclusive economic and moral rights of the author as provided for under section 9 to 11||Substance ofcopyright|
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
- reproduction of the work;
- distribution of the work;
- 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
- translation of the work
- adaptation of the work;
- public performance of the work;
- 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,
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
(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
legitimate interests of the author.
- The reproduction in the press or the communication to the public of
- any political speech delivered in public or any speech delivered during legal proceedings; or
- 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
(9) The recording, by any broadcasting organisation for the
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
|conditions are met|
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.
- 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.
- 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.
- 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.
- 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.
- 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
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
(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
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.
- Notwithstanding the provisions of section 2 1 the assignment of right in future work shall be void.
- 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
52 No. 7 Copyright and Neighbouring Rights 1999
out of certain specified acts covered by his or its economic rights.
(2) A non- exclusive licence shall entitle the licensee to carry out the act concerned concurrently with the
author or other owner of copyright and concurrently with any other possible non-exclusive licensees.
An exclusive licence shall
entitle the licensee to carry out the act
concerned to exclusion of all others,
including the author or other owner of
(4) A license shall be considered to be exclusive only if the licensing contract contains words to that effect, or if the obvious intention of the contracting parties to that effect clearly result from the circumstances. The licensee shall have locus standi to sue in his own name for an infringement of
No. 7 Copyright and Neighbouring Rights 1999 53
any exclusive right conferred on him.
- Failure to mention the scope or ways and means of carrying out the acts for which a licence is granted shall be deemed to limit the licensee to such ways and means that are necessary for the purpose that may be reasonable presumed to be envisaged by the contracting parties when concluding the licensing contract.
- Only the economic right explicitly mentioned in the contract shall be considered part of the license.
- Unless the licensing contract provides for a shorter period, the validity of the license expires fifteen years after conclusion of the contract or, if this period is shorter, on the expiring of the contract an assignment on the basis of which the assignee has granted the license.
54 No. 7 Copyright and Neighbouring Rights 1999
(8) Any grant of exclusive
license, shall be valid only if It is the subject of written contract signed by the contracting parties.
18. Unless otherwise provided for by legislation, the user shall be entitled to transfer the rights conferred on him under the contract for the use of the work only with the consent of the owner of copyright.
19. If the owner of copyright has conferred the rights to use the work on conditions the effect of which is a gross disproportion between the remuneration paid him by tile User of
the work and the income from the use thereof, the owner of copyright may request an amendment of the contract so
Transfer of rights
No. 7 Copyright and Neighbouring Rights 199955
Non-exercise of' exclusive rights
as to secure him an equitable share of the income, corresponding to standards generally prevailing in similar cases, such claim may not be waived In advance, it cannot be enforced, however, after the lapse of two years
from the time when the owner of' copyright received knowledge of tile circurnstances which give rise to the claim, and the owner of copyright may not claim to have received such a knowledge after more than five years.
20. Where the user does not exercise an exclusive right conferred on him by the owner of copyright, the latter may revoke the right concerned if the non-exercise there of was prejudicial to his legitimate interests. The right of revocation may be exercised only after the expiration of the delay stipulated in
56 No. 7 Copyright and Neighbouring Rights 1999
the contract for the beginning of the exercise of the right conferred and not earlier than two years after the conferral of same, or if the work to be used was
supplied subsequently, from the date of its delivery. In each case the owner of copyright has to notify the user on the proposed revocation, granting him a
reasonable additional time, suitable for adequately exercising the right transferred, except for cases where the
exercise of the right by the user became impossible or he refused it. The right of revocation may not be waived in advance.
21. A contract on future grant of rights for the use of works to be created is enforceable. Thereafter rights not specified in detail but only mentioned in general or by reference to their nature,
Contract of future grant
No. 7 Copyright and Neighbouring Rights 1999 57
General rules of contracts
Contracts for commissioned works
may be terminated by either party by six months notice after a period of four years from the conclusion of the contract.
- The general rules of the law of contracts shall apply to other questions relating to contracts for use of authors work other than uses provided for under this section.
- -(I) Where a contract has been concluded for the use of a work to be created (commissioned work), the user shall be under the obligation to make a declaration concerning acceptance of the work within two months from the date on which the work was handed over, unless the law otherwise provides; if the user fails to make such a declaration within the time
58 No. 7 Copyright and Neighbouring Rights 1999
Fixed by law, the work shall be deemed to have been accepted.
(2) Within the time open for acceptance of the work the user shall be entitled to return the same to the author for correction or amendments, such request shall be initiated by him in writing, taking into consideration the purpose for which the creation of the work was agreed upon. Justified request for correction or amendments can be repeatedly made to the author, by fixing suitable dates therefore; if the author refuses to comply with such a request or the amended work. does not qualify for the stipulated purpose either, the user may terminate the contract and
shall be obliged to pay in consideration of the work done by the author an appropriated less than the remuneration agreed upon for the use of the work..
No. 7 Copyright and Neighbouring Rights 199959
PART III PROTECTION OF EXPRESSION OF FOLKLORE AGAINST ILLICIT EXPLOITATION
24. This Act protects expression
of folklore such as
- folk tales, folk poetry, riddles;
- folk songs and instrumental folk music;
- folk dances, plays and artistic forms of rituals;
- production of folk art, in
particular drawings, painting, carvings, sculpture, pottery, terra cotta, mosaic,
|jewellery, costumes- and 5||baskets,|
60 No. 7 Copyright and Neighbouring Rights 1999
25. Subject to the exception Utilization subject to authorization
provided for in section 26, the
following utilization of the expression of folklore are subject to authorization by the competent authority when they are made both with gainful intent and outside their traditional or customary context
(a) any application, reproduction and distribution of copies of
expressions of folklore;
(b) communication to public, including recitation, performance, broadcasting
or distribution by cable, of expressions of folklore.
26. The provisions of section 25 Exceptions shall not apply in the following cases
No. 7 Copyright and Neighbouring Rights 1999 61
- utilization for the purposes of education;
- 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;
- borrowing expressions of folklore for creating an original work of an author or authors inspired by folklore;
- 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
broadcasting or sound or visual recording, provided that tile
extent of utilization is justified by the informatory
(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
No. 7 Copyright and Neighbouring Rights 199963
Acknowledgement of source
including their image in a photograph, in a film or in a television broadcasting.
- 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).
- (a) Application for
individual or blanket authorisation of any utilization of
64 No. 7 Copyright and Neighbouring Rights
folklore subject to
this Act shall be
made in writing to
(b) where the competent authority grants authorization, it may fix the amount of any collection fees corresponding to a tariff approved by (the
supervisory authority), the fees collected shall be used for the purpose of promoting or safeguarding national culture.
|No. 7||Copyright and Neighbouring Rights||1999 65|
|(c)||Appeals against the decisions of the competent authority shall be by the person forapplying the authorisation or the|
|representative of the interested andcommunity shall be with the supervisory authority.|
|Competent authorities||2 9. (a)||For the purposes of this Act, the|
|expression Competent authority'' means The National Arts|
|Council of Tanzania|
|section 3 of the|
66 No. 7 Copyright and Neighbouring Rights 1999
Council of Tanzania
(b) For the purpose of this Act, the expression supervisory
authority'' means the
30.-(I) The provisions of the Interpretation
folklore under this Act shall in no way
be interpreted so as to hinder the normal
use, maintaining and. development of .
(2) the provisions of this part of the Act shall in no way limit or prejudice any protection applicable to expressions of folklore under other Parts of this Act, or the laws protecting industrial property, or any other law or international treaty to which the United
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.
PROTECTION OF PERFORMERS, PRODUCERS OF SOUND RECORDINGS AND BROADCASTING ORGANIZATIONS
Acts requiring 31.-(I) Subject to the provisions authorization of
of Section 5 of this Act, a performer performers
shall have the exclusive right to carry out or to authorize any of the following acts
- the broadcasting or other communication to the public of his performance, except where the broadcasting or the other communication
- is made from a fixation of the
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
the authorization of the performer; or
(ii) is a rebroadcasting made or authorized by the organization initially broadcasting the performance;
- the fixation of his unfixed performance;
- the direct or indirect reproduction of a fixation of his performance, in any manner or form;
- the first making available to the public of a fixation of his
Copyright and Neighbouring Rights
No. 7 1999 69
performance, or copies
thereof, through sale or
other transfer of ownership;
(e) rental to the public or public lending of a fixation of his performance, copies
or thereof, irrespective of the ownership of the copy rented or tent;
(f) the making available to the public of his fixed performance, by wire or wireless means, in such a way that members of the public may access them from a place or at a Lime
individually chosen by them.
(2) Once the performer has authorized the incorporation of his
performance in an audio-visual fixation,
the provisions of subsection (1) shall have no further application.
70 No. 7 Copyright and Neighbouring Rights 1999
- 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.
- 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.
- 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
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
|exclusive||right to||carry||out or||to|
|authorize any of the following acts|
- direct or indirect reproduction of the sound recording, in any manner or form;
- 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
72 No. 7 Copyright and Neighbouring Rights
by the producer;
- rental to the public or public lending of a copy of the sound recording, irrespective of the ownership of the copy rented or lent;
- the making available to the public of the sound recording, by way of wireless means, in such a.
way that members of the
public may access it from a. place or at time individually chosen by them.
- The rights under subsection
- of this section shall be protected from the publication of the Sound recording until the end of the fiftieth calendar year following the year of
No. 7 Copyright and Neighbouring Rights 1999 73
Equitable remuneration of use of sound recordings
publication or, if the sound recording has not been published from the fixation of the sound recording until the end of the fiftieth calendar year, following the
year of fixation.
33.-(1) If a sound recording published for commercial purposes, or a reproduction of such sound recording, is used directly for broadcasting or other communication to the public, or if publicly performed, a single equitable
. remuneration for the performer or performers and the producer of the sound recording shall be paid by the
user to the producer.
(2) Unless otherwise agreed between the performers and the producer, half of the amount received by the producer under subsection (1) shall be paid by the producer to the
performer or performers.
74 No. 7 Copyright and Neighbouring Rights 1999
(3) The right to an equitable remuneration under this section shall subsist from the date of publication of the sound recording until the end of the fiftieth calendar year following the year of publication or, if the sound recording
'-~ has not been published, from the date of fixation of the sound recording until the end of the fiftieth calendar year following the year of fixation.
(4) For the purposes of this
section, sound recording that have been made available to the public by wire or
wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them shall be considered as if
they have been published for commercial purposes.
No. 7 Copyright and Neighbouring Rights 1999 75
Acts requiring authorization of
34.-(1) Subject to the provisions of section 5, a broadcasting organization shall have the exclusive right to carry out or to authorize any of the following acts
|(b)||the communication to the|
|public of its broadcast;|
|(c)||the fixation of its broadcast;|
|fixation of its broadcast.|
(2) The rights under this section shall be protected from the moment when the broadcasting takes place until the end of the fiftieth calendar year following the year in which the broadcast takes place.
|76 No. 7||Copyright and Neighbouring Rights||1999|
|Limitations on||Sections 31, 32, 33 and 3435.|
|protection||shall not apply where the acts referred|
|to in those sections are related to-|
|reporting current events to the|
|extent justified by the purpose|
|of providing current|
|reproduction solely for the(c)|
|been published as teaching|
|or instructional materials;|
|cases where, under Part II of(d)|
|this Act a work can be used|
|without the authorization of|
|the author or other owner of|
No. 7 Copyright and Neighbouring Rights 1999 77
PART V SANCTIONS
Civil remedies 36.-(l) Any person whose rights under this Act are in imminent danger of being infringed or have been
infringed, may institute proceedings in the United Republic of Tanzania for
- an injunction to prevent the infringement or to prohibit the continuation of the infringement;
- payment of any damages suffered in consequence of the infringement, including any profits enjoyed by the infringing person that are attributable to the infringement. if the infringement is found to have been prejudicious to
No. 7 Copyright and Neighbouring Rights 1999 78
the reputation of the person whose rights were infringed, the court may, at its discretion, award exemplary damages.
(2) Any object which was made in violation of this Act and any receipts of the person violating it and resulting
from such violations, shall be subject to seizure.
37-(1) As against any person who infringes a copyright or any other right protected by this Act, the injured
party may bring an action in court for injunctive relief requiring the wrongdoer to cease and desist if there is
a danger of repetition of the acts of infringement was intentional or the
result of negligence. In lieu of damages, the injured party may recover
Action for injunction and damages
No. 7 Copyright and Neighbouring Rights 1999 79
Right of destruction and similar measures
the profits derived by the infringer from the acts of infringement together with a
detailed accounting reflecting such profits.
( 2) Authors, persons having rights in scientific editions, photographers and performers may, if the infringement was intentional or the result of negligence, recover, as justice may require, a monetary indemnity for the injury caused to them even if no pecuniary loss has occurred. This right is not assignable unless it has been acknowledged by contact or unless legal action asserting the right has previously been commenced.
(3) Rights arising from other legal provisions shall not be affected.
38-(1) The injured party may require the destruction of copies that
80 No. 7 Copyright and Neighbouring Rights 1999
have been unlawfully manufactured or unlawfully distributed or which are intended for unlawful distribution.
- The injured party may further require that the equipment such as moulds, plates, engraving stones, blocks, stencils and negatives which were destined exclusively for the unlawful production of copies be rendered unusable, or if this is not practicable, destroyed.
- If the appearance of the copies or the equipment causing the infringement can be modified in some other fashion that the work no longer constitutes an infringement of the rights of the injured party, in such case such
injured party may only require that such measures be undertaken as to achieve
(4) The measures proposed in
|.||No. 7||Copyright and Neighbouring Rights||1999||81|
|subsections (1) to (3) of this section copies andtoapply onlyshall unlawfulthearewhichequipment making or distribution of the copies, or their heirs, these measures may be executed only after ownership has been legally confirmed.|
|Right of delivery||39. The injured party may require that the copies and equipment be delivered to him, in whole or in part, for an equitable price which shall not exceed the production cost.|
|Responsibility of the proprietor of an enterprise||If a right protected under40. this Act has been infringed by an employee or agent of an enterprise in the course of this duties to such enterprise, the injured party may also assert the rights provided in sections 37 to 38, with the exception of the right to|
82 No. 7 Copyright and Neighbouring Rights 1999
damages, as against the proprietor of
such enterprise. Further claims which may arise from other legal provisions shall not be affected.
41.-(I) If, in the event of Exceptions infringement of a right protected under this Act, the demands of the injured
party for any injunction (section 37, for
destruction or rendering the work
unusable (section 38) or for delivery
(section 39) are asserted against a
person whose acts of infringement were
neither intentional nor negligent, such
person may simply indemnify in money
to the injured party if execution of the
aforesaid demands would produce for
him a serious and disproportionate injury
and if it may be assumed that the injured
party could accept redness in cash. The
damages payable as aforesaid
No. 7 Copyright and Neighbouring Rights 1999 83
offences and legal sanctions
shall be such an amount as would have constituted an equitable remuneration had the right been granted by contract. Payment of such damages shall constitute the injured party's consent to
a utilization within customary limits.
42.-(l) Without prejudice to the. remedies available under section 36, any person who knowingly violates, or causes to be violated, the rights protected under this Act shall be liable
(a) a fine of not exceeding more
thanfive million shillings or to imprisonment for a term not exceeding three years or to both, for the first offence if the infringement was on a commercial basis; and
84 No. 7 Copyright and Neighbouring Rights 1999
(b) a fine of not exceeding ten million shillings or to imprisonment for a term not exceeding five years or both, for each subsequent offence
if the infringement was on a commercial basis.
(2) Any person who, without the authorization of the competent authority referred to in paragraph (a) of section 28, of this Act imports or distributes copies of expressions of folklore derived from the United Republic of Tanzania or copies of translations, adaptations, arrangement or other transformations of such expressions of
folklore, made abroad without the authorisation of the said authority, is
guilty of an offence and liable to a fine
not exceeding ten million shillings or
imprisonment for a term not exceeding
No. 7 Copyright and Neighbouring Rights 1999 85
- Any person who wilfully or negligently does not comply with the provisions of section 26 of this Act shall be liable to a fine of not exceeding three million shillings or imprisonment for a term not exceeding one year.
- Any person who, without the authorization of the competent authority referred to in paragraph (a) of section 28 of this Act wilfully or negligently utilises an expression of folklore in violation of the provisions of section 24 of this Act, shall be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding
(5) Any person wilfully deceiving others in respect of the source of
available to the public by him in any
86 No. 7 Copyright and Neighbouring Rights 1999
direct or indirect manners, presenting
such artefacts or subject matters as
expressions folklore of a certain
community, from where, in fact, they
have not been derived, shall be
punishable by a fine not exceeding five
million shillings or to imprisonment for a term not exceeding three years.
(6) Any person who publicly uses, in any direct or indirect manner expressions of folklore wilfully
distorting the same in a way prejudicial
to the cultural interests of the
community concerned, shall be
punishable by a fine of not exceeding five million shillings or to imprisonment for a term not exceeding
(7) Any person who gives authorization on behalf of performers without being a duly appointed
No. 7 Copyright and Neighbouring Rights 1999 87 representative, or any person who knowingly proceeds under such an unlawful authorization, shall be guilty of a criminal offence punishable by a fine of not exceeding five million shillings or to imprisonment for a term
not exceeding three years.
- Any person omitting the application of the notice of the protection of phonograms prescribed in section 33 to copies of a published phonogram reproduced by him or to the containers of such copies, shall be liable to a fine not exceeding five million shillings and to imprisonment for a term not exceeding three years.
- For any other criminal offence under copyright infringement the penalty shall be
- a fine of not more than four million shillings or to
88 No. 7 Copyright and Neighbouring Rights 1999
imprisonment of up to three
years for the first offence;
(b) a fine of not more than eight million shillings or to imprisonment of up to two
years for each subsequent offence.
43.-(I) The court having
jurisdiction of a civil action arising under this Act, or Criminal Procedure Act shall have the authority, subject to (the relevant provisions of the Act and
the Civil Procedure Code) and on suchterms as it may deem reasonable
(a) to grant injunctions to prohibit the committing, or continuation of committing, of infringement of any right protected under this Act;
No. 7 Copyright and Neighbouring Rights 1999 89
(b) to order the impounding of copies of works or sound recordings suspected of being made or imported without the authorisation of the owner of any right protected under this Act where the making or importation of copies is subject to such an authorization, as well as the impounding of the packaging of, the
implements that could be used for the making of, and the documents, accounts or business papers referring to, such copies.
Acts No. 49 of 1966 (2) The provisions of the Civil and No. 9 of 1987 Procedure Code, 1966 and the Criminal Procedure Act, 1987 dealing with
90 No. 7 Copyright and Neighbouring Rights 1999
search and seizure shall apply to infringements of rights under this Act.
(3) The provisions of Tanzania Act No. 11
Revenue Authority Act, 1995 dealing
with suspension of the release of suspected illegal goods shall apply to articles and implements protected under
(4) For the purposes of this Act, section 170(2) of the Criminal Procedure Act, 1985 shall not be applicable.
MEASURES, REMEDIES AND SANCTIONS AGAINST ABUSES IN RESPECT OF TECHNICAL MEANS OF PROTECTION AND
RIGHTS MANAGEMENT INFORMATION Infringements of 44.-(I) The following acts shall Technical means
be considered unlawful and shall be
of protection and
assimilated to infringements of the
No. 7 Copyright and Neighbouring Rights 1999 91
information rights protected under this Act
- the manufacture or importation for sale or rental of any device or means specifically designed or adapted to circumvent any device or means intended to prevent or restrict reproduction of a work, a sound recording or a broadcast, or to impair the quality of copies made;
- the manufacture or importation for sale or rental of any device or means that is susceptible to enable or assist the reception of an encrypted program, which is broadcast or otherwise
communicated to the public, including by satellite, by
92 No. 7 Copyright and Neighbouring Rights 1999
those who are not entitled to receive the program;
(iii) the removal or alteration of any electronic rights management information without authority;
(iv) the distribution, import for
distribution, broadcasting, communication to the public or making available to the public, without authority, of works, performances, sound recordings or broadcasts, knowing or having reason to know that electronic rights management information has been removed or altered without authority.
(2) Any illicit device and means mentioned in paragraph (i) of subsection (1) and any copy from which
No. 7 Copyright and Neighbouring Rights 1999 93
rights management information has
been removed or in which such
information has been altered, shall be
assimilated to infringing copies of
works, and any illicit act referred to in
subsection (1) of this section shall be
treated as an infringement of copyright
or neighbouring rights to which the civil
remedies and criminal sanctions are
Regulations 45. The Minister may make regulations prescribing such matters as are required or permitted by this Act to be prescribed or as are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
|94 No. 7||Copyright and Neighbouring Rights||1999|
|46.||There is hereby established||Collective|
|an organisation to be known as the Copyright Society of Tanzania (in this Act referred to as the ''society'') which||administration of copyright and neighbouring rights|
|(i)||be a body corporate having|
|perpetual succession and a|
|(ii) under that name be capable|
|of suing and being sued and|
|of purchasing or otherwise|
|immovable property; and|
|(iii) subject to the provisions of|
|this Act be capable of doing or|
|performing all such acts or|
|things as bodies corporate|
|may by law do or perform.|
|No. 7||Copyright and Neighbouring Rights||1999||95|
|Functions of the society||47. shall be-||The functions of the society|
|(a)||to promote and protect the authors,ofinterests|
|translators,performers, soundofproducers broadcasters,recordings, inand,publishers, andcollecttoparticular, distribute any royalties or other remuneration accorded|
|to them in respect of their|
|rights provided for in this Act;|
|(b)||ofregistersmaintainto andproductionsworks, authors,ofassociations|
|translators,performers, soundofproducers recordings, broadcasters and publishers;|
|96 No. 7||Copyright and Neighbouring Rights||1999|
|(c) to search for, identify and publicize the rights of owners and give evidence of the ownership of these where there is a dispute or an infringement;|
|(d)||to print, publish, issue or circulate information,any report, periodical, books, leaflet orpamphlet, any other material relating to copyright and rights of producersperformers, of sound recordings and broadcasters.|
|(e)||to advise the Minister on all matters under this Act.|
|Fees, royalties etc.||48. For the better performance of its functions, the Society shall, subject to this Act, have power:|
98 No. Copyright and Neighbouring Rights 1999
(h) to train and sensitise its members institutions and other members of the Public
on Copyright matters;
Funds of' Society 49. The funds of the Society
shall consist of
- all fees payable under the Act;
- grants and bequests;
- such other moneys or assets as may vest in or accrue to the Society, including government subsidy whether
in the course of its functions
Society's accounts 50.-(1) The Society shall-and records
(a) keep proper accounts and other records relating thereto
|No. 7||Copyright and Neighbouring Rights in respect of its funds; publish and furnish to the Board annually, or as often as the Board may audited (b) andaccounts direct||1999||99|
|balance sheets and estimates|
|of income and expenditure for the following financia|
|year. shall(2) accountsThe be byauditedand annuallyexamined auditors appointed by the Society and|
|approved by the Board.|
|Society shall be a period of twelve calendar months beginning on Ist Jul, every year and ending on 30th June the following year. (3) The financial year of the|
|Society's composition||The compositio51.-(1) proceedings and other matters of the Society shall be in accordance with the|
|provisions of the Schedule to this Act|
I 00 No. 7 Copyright and Neighbouring Rights
- The Minister may in consultation with the relevant Ministry, Department or Institution appoint from among citizens of Tanzania person qualified and knowledgeable in matters relating to copyrights and neighbouring rights to be members of the Board of the Society;
- The Minister may by order published in the Gazette, amend the Schedule.
PART VII TRANSITIONAL PROVISIONS 52.-(I) The Copyright Act, Repeal of Act 1966, is hereby repealed. No. 6 of 1966
(2) No rights governed by this
Act shall be recognised under common law.
53. The provisions of this Act
Transition which apply to works, performances,
phonograms and broadcasts existing
before the date of the coming into effect
of this Act, provided that the term of
protection had not expired under the
former legislation or under the
No. 7 Copyright and Neighbouring Rights 1999 101
legislation of the country of origin of such works, performances, phonograms or broadcasts that are to be protected under an international treaty to which the United Republic of Tanzania is party, shall not affect contracts on works, performances, sound recordings and broadcasts concluded before the entering into force of this Act.
(Under section 51(1)) CONSTITUTION, PROCEEDINGS AND OTHER MATTERS OF THE SOCIETY
1.-(1) Subject to paragraph 3, the
Society shall consist of the following Board
Members appointed by the Minister each of
whom representing the following
- The Commission of Culture;
- The National Arts Council;
- The office dealing with Industrial Property;
102 No. 7 Copyright and Neighbouring Rights 1999
- Film Markers Association;
- National Museum of Tanzania;
- Faculty of Law of the University of Dar es Salaam;
- The Attorney Generals Chambers;
- The Tanzania Authors Association;
- The Tanzania Broadcasting Com- mission; and
- The Customs Department;.
- One third of the ex officio members shall be removed from their position after every two years and they shall be replaced by the private stake holders.
- A member of the Society,
not being a member ex officio, shall hold office for three years.
No. 7 Copyright and Neighbouring Rights 1999 103
(4) The Minister may appoint such other persons not exceeding three in number, as he considers suitably
qualified to assist the Society in its work and deliberations and such persons shall not have the right to vote at meetings of the Society.
- Upon the appointment to the Society of any member, the Minister shall cause notice of such appointment to be published in the Gazette and shall in such notice specify the current membership of the Society resulting upon such appointment.
- Members of the Society shall not, by virtue only of their appointment to the Society, be deemed to be officers in the public service.
104 No. 7 Copyright and Neighbouring Rights 1999
2.-(I) The Minister may require a member of the Board to vacate his office if the Minister is satisfied that the member
- has become insolvent or bankrupt; or
- has been absent from three consecutive meetings of the Society, of which he has had notice, without the leave of the Chairman of the Society;
- has been convicted of an offence under this Act;
- has been convicted within Tanzania of a criminal offence, or outside Tanzania of an offence by whatever name called which, if committed within Tanzania, would have been criminal offence, and sentenced to imprisonment for a term of
No. 7 Copyright and Neighbouring Rights 1999 105
six months or more without
the option of a fine, whether
or not such sentence has
been suspended, and has not
received a free pardon; or
- is mentally or physically incapable of efficiently performing his duties as member of the Society.
- The Minister may suspend from office a member of the Board against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment for a term of six months or more without the option of a fine may be imposed.
- A member of the Board may resign his office by giving notice in writing addressed to the Minister and
106 No. 7 Copyright and Neighbouring Rights
from the date of receipt of the notice by
the Minister, he shall cease to be a
3.-(I) On vacation of office by a member of the Board, the vacancy shall
be filled by a person appointed in accordance with paragraph I (a) under which the former member was
appointed: Provided that if the remaining period is less than six months the Minister may decide not to have the vacancy filled until the expiry of the period.
(2) If any member of the Board is granted leave of absence by the Board, the Board may, if it sees fit, co- opt a person who belongs to the same profession or calling as the member who has been granted leave to fill the vacancy during the absence of the
No. 7 Copyright and Neighbouring Rights 1999 107
4. The Board may in its discretion at any time and for any length of time invite any person, and the
Minister mayin the like manner nominate any officer in the public service, to attend any meeting of the Board and take part in the deliberations
of the Board, but such person or officer shall not be entitled to vote at that meeting.
5.-(I) The Chairman of the Board shall be appointed by the Minister from amongst persons who
(c) has experience on copyright and neighbouring rights. (2) The Board shall elect a Vice
108 No. 7 Copyright and Neighbouring Rights Chairman from amongst its members. The Vice-chairman shall, subject to subparagraph (3), hold office for the duration of his membership in the Board.
(3) The office of the Vice-Chairman shall become vacant
- if the holder resigns his office by notice in writing to the Society; or
- if the holder of the office ceases to be a member of the
(c) if the Board so determines.
(4) Whenever the Chairman is absent or is for any reason unable to discharge the functions of his office, the Vice-Chairman shall discharge the
functions of the Chairman.
6.-(I) Subject to subparagraph
No. 7 Copyright and Neighbouring Rights 1999 109
(2), the Board shall hold ordinary meetings for the discharge of its business at least four times in each year.
(2) An extraordinary meeting of the Board
- may be convened by the Chairman at any time;
- in the absence of both the Vice-
Chairman and the Chairman the members present and forming the quorum shall elect one of their number to preside; and
- the quorum shall be formed by any six members.
- At any meeting, the decision
of the Board on any matter shall be that
of the majority of the members present .
and voting at that meeting, and in the event of any equality of votes in additions to his deliberative vote.
110 No. 7 Copyright and Neighbouring Rights 1999
(4) Subject to this Act, the
Board may make standing orders for the
regulation of its proceedings and business and may vary, suspend or revoke any such standing orders.
7. Members of the Board shall be paid from the funds of the Society such allowances as the Minister may in determining the
determine and make
allowances the Minister may provision for the reimbursement of any a
reasonable expenses incurred by
member of the Board in connection
with the business of the Board.
8.-(I) Subject to this paragraph, the Board
(a) shall appoint a Copyright such
Administrator upon terms and conditions as may
No. 7 Copyright and Neighbouring Rights 1999 III
be approved by the Minister;
(b) may appoint such other staff as it considers necessary or desirable in the discharge of
its duties and upon such terms and conditions as it may determine.
- The Copyright Administrator, after consultation with the Chairman of the Board, may appoint temporary employees at such daily rates of pay, not below the minimum rates otherwise prescribed by written law, as he may consider appropriate and shall, after he has appointed any such employee, report the fact thereof to the Board at its next meeting.
- The Copyright Administrator shall be the Secretary to the Board.
- Subject to any general or special directions of the Board, the
112 No. 7 Copyright and Neighbouring Rights 1999
Copyright Administrator shall be the
Chief Executive Officer of the Board and as such he shall be responsible to the Board for the administration and management of its affairs, including the supervisions of other staff of the Society.
Passed in the National Assembly on the l4th April, 1999
Clerk of the National Assembly
Printed by the Government Printer, Dar es Salaam-Tanzania