World Intellectual Property Organization

United Republic of Tanzania

Copyright and Neighbouring Rights Act, 1999

 

 


THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999

ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS

Section Title

  1. Short title and commencement.
  2. Objectives.
  3. Application.
    1. Definitions.
    2. PART 11 COPYRIGHT
  4. Works in which copyright may subsist.
  5. Derivative works.
  6. Subject matter not protected.
  7. Substance of copyright.
  8. Economic rights.
  9. Right of distribution.
  10. Moral rights.
  11. Free use.
  12. 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.

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.

4 No. 7 Copyright and Neighbowing Rights 1999

PART VI

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.
45, Regulations.
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.
51. Society's composition.
PART VII
TRANSITIONAL PROVISIONS
52. Repeal of the Copy Right Act, 1966.
53. Transition.

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

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 19997
lawful interests relating to
their integrity; and
(iii) protects lawful interest of
performing artists, producers
andphonogramsof
organizationsbroadcasting
relating to their productions,
by granting them relevant
rights.
3.-(I) This Act shall apply to- Application
works of authors who(a)
are nationals of, or
habitualtheirhave
theinresidence
ofRepublicUnited
Tanzania;
works first published(b)
Unitedthein
Republic of Tanzania,
theofirrespective

8 No 7 Copyright and Neighbouring

nationality or

residence of their

authors;

(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

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);

10 No 7 Copyright and Neighbouring Rights 1999

(4)
Protection of phonograms, underthis Act is available where
(a)
the producer is a national of theUnited Republic of Tanzania; or
(b)
the first fixation of the sound was

made in the United Republic ofTanzania- and

(c)
the phonogram was first Published in the United Republic of Tanzania.
(5)
Protection of broadcasts underthis Act is available where
(a)
the headquarters of the organization is situated in the United Republic of Tanzania, or
(b)
the broadcast was transmitted from a transmitter situated in the United Republic of Tanzania.

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

Unitedofthe

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

Tanzania; 12 No. 7 Copyright and Neighbouring Rights

1999

(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,

1999

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

by them;

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

15

''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

of 1984

1984;

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

literally or artistic or

musical work

11

''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

.

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

22 No. 7 Copyright and Neighbouring Rights

otherwise performance

the work, or' the expression of folklore, either directly or by

means of any device

I

or process;

(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

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

communicating to ... the
public;
''works first published in the
United Republic o f

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

~ 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

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

fixed performance, a
sound recording or a
broadcast.

28 No ,7 Copyright and Neighbouring Rights

PART II COPY RIGHT

5-(1) Authors of original literary and artistic works shall lie

I

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

particular

(a) books, pamphlets and

other writings, including Computer

programs;

(b) lectures, addresses,

11 other

Sermons and

...

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

words;

(e) choreographic works and pantomimes; cinematographer

works, and other audio-visual works-

I

(g) works of drawing,

.

painting, architecture, .

sculpture, engraving, lithography and tapestry;

(h) photographic works including works expressed by processes analogous

to photography;

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
works relative to
geography, topography, architecture or .
.science.
(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

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

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
translations therefore;
(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

(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

except, computer programs and
architectural works, that has been
lawfully Published

(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

a current event by means of
photography, cinematography or
communication to the public the

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

reproduction aof work shall be
permitted if theofall following
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.

(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

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

copyright.

(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.

(5)
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.
(6)
Only the economic right explicitly mentioned in the contract shall be considered part of the license.
(7)
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

Disproportionate remuneration

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.

  1. 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.
  2. -(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

Protected expression

24. This Act protects expression

of folklore

of folklore such as

(a)
folk tales, folk poetry, riddles;
(b)
folk songs and instrumental folk music;
(c)
folk dances, plays and artistic forms of rituals;
(d)
production of folk art, in

particular drawings, painting, carvings, sculpture, pottery, terra cotta, mosaic,

wood work, metal ware,
jewellery, costumes- and 5 baskets,
(e) traditional instruments musical

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

(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

Authorization

including their image in a photograph, in a film or in a television broadcasting.

  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).
  2. 28.
    (a) Application for

individual or blanket authorisation of any utilization of

64 No. 7 Copyright and Neighbouring Rights

expression of

folklore subject to

authorization under

this Act shall be

made in writing to

the competent

authority.

(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
established under
section 3 of the
National Arts

66 No. 7 Copyright and Neighbouring Rights 1999

Act No.23

Council of Tanzania

of 1994

Act, 1984.

(b) For the purpose of this Act, the expression supervisory

authority'' means the

Minister.

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 .

such expressions.

(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.

PART IV

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

(a)
the broadcasting or other communication to the public of his performance, except where the broadcasting or the other communication
(i)
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

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

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

(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

sound recording shall have the
exclusive right to carry out or to
authorize any of the following acts
(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

72 No. 7 Copyright and Neighbouring Rights

distribution authorized

by the producer;

(c)
rental to the public or public lending of a copy of the sound recording, irrespective of the ownership of the copy rented or lent;
(d)
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.

(2)
The rights under subsection
(1)
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

Broadcasting Orgnizations

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

(a) the rebroadcasting of its
broadcast;
(b) the communication to the
public of its broadcast;
(c) the fixation of its broadcast;
(d) the reproduction of a
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-
forexcerptsusing short(a)
reporting current events to the
extent justified by the purpose
of providing current
information;
forreproduction solely(b)
scientific research;
reproduction solely for the(c)
face-to-faceofpurpose
exceptactivities,teaching
andperformancesfor
havewhichphonograms
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
copyright.

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

I

infringed, may institute proceedings in the United Republic of Tanzania for

(a)
an injunction to prevent the infringement or to prohibit the continuation of the infringement;
(b)
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.

(2)
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.
(3)
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

this effect.

(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

to

(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

I

guilty of an offence and liable to a fine

not exceeding ten million shillings or

imprisonment for a term not exceeding

ten years.

.

No. 7 Copyright and Neighbouring Rights 1999 85

(3)
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.
(4)
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

three years.

(5) Any person wilfully deceiving others in respect of the source of

available to the public by him in any

artefacts or subject matters of
performance or recitations made
s

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

three years.

(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.

(8)
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.
(9)
For any other criminal offence under copyright infringement the penalty shall be
(a)
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;

Conservatory and

provisional

measures

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

of 1995

with suspension of the release of suspected illegal goods shall apply to articles and implements protected under

this Act.

(4) For the purposes of this Act, section 170(2) of the Criminal Procedure Act, 1985 shall not be applicable.

PART VI

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

rights management

No. 7 Copyright and Neighbouring Rights 1999 91

information rights protected under this Act

(i)
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;
(ii)
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

applicable.

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
shall
(i) be a body corporate having
perpetual succession and a
common seal;
(ii) under that name be capable
of suing and being sued and
of purchasing or otherwise
acquiring, holding and
alienating movable or
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

and

(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

(a)
all fees payable under the Act;
(b)
grants and bequests;
(c)
such other moneys or assets as may vest in or accrue to the Society, including government subsidy whether

in the course of its functions

or otherwise.

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

1999

(2)
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;
(3)
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

F

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.

SCHEDULE

(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

(a)
The Commission of Culture;
(b)
The National Arts Council;
(c)
The office dealing with Industrial Property;

100

102 No. 7 Copyright and Neighbouring Rights 1999

(d)
Film Markers Association;
(e)
National Museum of Tanzania;
(f)
Faculty of Law of the University of Dar es Salaam;
(g)
The Attorney Generals Chambers;
(h)
The Tanzania Authors Association;
(i)
The Tanzania Broadcasting Com- mission; and
(j)
The Customs Department;.
(2)
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.
(3)
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.

(5)
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.
(6)
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

(a)
has become insolvent or bankrupt; or
(b)
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;
(c)
has been convicted of an offence under this Act;
(d)
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

(e)
is mentally or physically incapable of efficiently performing his duties as member of the Society.
(2)
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.
(3)
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

member.

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

member.

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

are
(a) knowledgeable;
(b) with provable experience;
and

(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

(a)
if the holder resigns his office by notice in writing to the Society; or
(b)
if the holder of the office ceases to be a member of the

Board; or

(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

(a)
may be convened by the Chairman at any time;
(b)
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

(c)
the quorum shall be formed by any six members.
(3)
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.

(2)
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.
(3)
The Copyright Administrator shall be the Secretary to the Board.
(4)
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

 

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