World Intellectual Property Organization

United Republic of Tanzania

The Copyright and Neighbouring Rights (Production and Distribution of Sound and Audiovisual Recordings) Regulations, 2006

 

 

GOVERNMENT NOTICE NO. ……………. published on………

THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999

(NO. 7 OF 1999)

REGULATIONS

Made under section 45

THE COPYRIGHT AND NEIGHBOURING RIGHTS (PRODUCTION AND
DISTRIBUTION OF SOUND AND AUDIOVISUAL RECORDINGS)
REGULATIONS, 2006

  1. These Regulations may be cited as the Copyright and Neighbouring Rights (Production and Distribution of Sound and Audiovisual Recordings) Regulations, 2006.
  2. A person shall not produce, distribute or import for distribution sound recordings or audio-visual recordings in Tanzania except under a licence issued by the Copyright Society of Tanzania under these Regulations referred to as the “Society”.
  3. An adhesive label, in these Regulations referred to as the HAKIGRAM, shall be affixed to each and every sound recording or audio-visual recording which is distributed or offered or otherwise exposed to the public for distribution by way of sale, hire, rental or otherwise within the United Republic.
  4. The HAKIRAM shall be delivered exclusively by the Society after verification that the sound recordings or audio-visual recordings

Act No. have been produced and published in the United Republic or imported Of 1999

into the country without infringing any copyrights granted by the Act.

Act No.. 7
of 1999

Act No. 7
Of 1999

5. Any sound recording or audio-visual recording without affixed HAKIGRAM and which are either imported or distributed or offered to the public for distribution by way of sale, hire, rental or otherwise within the United Republic shall be considered as infringing copyright granted by the Act and shall be seized by either:

(a)
the Society;
(b)
the Police; or
(c)
the Customs Department.
  1. The seizure referred to under Regulation 5 shall be pending for a period of up to sixty days during the period the Society, Police or Customs Department may consider the application if any submitted by the applicant objecting the seizure.
  2. The sound recordings or audio-visual recordings seized and kept for more than sixty days shall be destroyed by the Society under the control or supervision of the Customs Department and the Police, where the owner of such sound recording or audio in such recordings will not come forward or request the return of the same.
  3. The Customs Department shall seize, impound or retain any sound recordings or audio-visual recordings imported into the United Republic exceeding a quantity of three copies of the same recording until such importation has been consented to or verified and authenticated by the Society.
  4. An application to import pre-recorded sound recordings or audio visual or audio works shall be made to COSOTA on Form CST 9 set out in Part I of the Schedule to these Regulations.
    1. COSOTA shall issue a Certificate of Authorization on Form CST 10 set out in Part 2 of the Schedule to these Regulations subject to
      1. evidence being given that the recordings have been or will be produced in conformity with the Act and the Regulations made there under;
      2. the applicant shall be obliged to affix a HAKIGRAM to each recording offered for sale, hire or rental; and
      3. payment of the fees for a HAKIGRAM acquired by the applicant to COSOTA.
  5. An application to purchase a HAKIGRAM shall be made on Form CST 11 for local producers and Form CST 12 for importers as set out in Part 3 of the Schedule to these Regulations.
  6. Approval to purchase a HAKIGRAM shall be given on Form CST 13 as set out in Part 4 of the Schedule to these Regulations.
  7. The FEES for sound recordings, audio-visual or audio works shall be as set out in Part 5 of the Schedule to these Regulations.
  8. Any persons who contravenes these Regulations commits an offence and shall be liable on conviction to punishment set out in

Act No. 7 of 1999 Section 42 of the Act.

15. In any judicial proceeding, COSOTA shall represent all nationals and foreign authors and other rights holders of copyrights and neighbouring rights until the proof to the contrary is established.

FORM NO. CST 9

COPYRIGHT SOCIETY OF TANZANIA (COSOTA)

THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999 (NO. 7 OF 1999)

(PART I)

APPLICATION FOR CLEARANCE OF IMPORTED SOUND AND VIDEO RECORDINGS FROM THE CUSTOMS AND EXISE DEPARTMENT

(Made under Regulation 9)

  1. Name of Importer/Applicant: ………………………………………………
  2. Address: ………………………………………………………………………….. …………………Tel.…………………Fax………………………………
    1. (i) Title of Work(s) for which clearance is being sought
    2. (ii) Quantity of Material being imported
  3. Name of author(s) of work:……………………………………………………………….
    1. (i) Name of producers of work:……………………………………………………
    2. (ii) Address: …………………………………………………………………………….
    1. (i) Has the importer obtained the Authorisation of the producer or his Authorised Representative to import the said work(s)? yes/no
    2. (ii) If yes please attach proof of authorization.
  4. I/We declare on that the information given above is true to the best of my/our knowledge and that any misinformation provided by me/us renders my/our application null and void.

Declared at ………………………………………….of………………………..200……

………………………………………………….

APPLICANT SIGNATURE

NOTE:

Importer should have:

(i) Genuine Stickers of the Country of origin of the imported works affixed on to
the works, or
(ii) Authentication from the producer of the work to import.

FORM NO. CST 10

COPYRIGHT SOCIETY OF TANZANIA (COSOTA) (ACT NO 7 OF 1999)

THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999

(PART 2)

CERTIFICATE OF AUTHENTICATION OF IMPORTED OR LOCALLY PRODUCED SOUND OR VIDEO RECORDINGS

(Made under Regulation 10)

Approval is hereby given to………………………………….. of …………………………………………………………….to clear the musical works entitled …………………………………………………….. and produced by …………………………………………………………….. of…………………………….. from the Customs and Excise Department.

……………………………………………………….. ………………………………
COPYRIGHT ADMINISTRATOR DATE
COPYRIHT SOCIETY OF TANZANIA

Note:
Clearance is for specific works only and is not applicable to any work not mentioned in
the clearance.

FORM NO. CST 11

COPYRIGHT SOCIETY OF TANZANIA(COSOTA)

THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999 (ACT NO. 7 OF 1999)

(PART 3)

APPLICATION TO PURCHASE A HAKIGRAM FROM COPYRIGHT SOCIETY OF TANZANIA

( Made under Regulation 11)

  1. Name of Producer …………………………………………………………………………
  2. Address:……………………….Tel:………………………………….Fax………………..
  3. Title of work for which a Hakigram is being purchased…………………………………………………………………………………….
  4. Number of HAKIGRAMS required…………………………………………………….
  5. Name of author(s) composer of work ……………………………………………..
    1. (i) Has the producer obtained consent of the composer to produce the work ? Yes/No………………………………………………………
    2. (ii) If yes attach proof of Agreement
  6. DECLARATION

I/We declare that the information given above is true to the best of my/our knowledge and the belief and that any misinformation provided by me/us renders my/our application null and void.

Declared at ………………………………………….of………………………..200……

………………………………………………….

APPLICANT’S SIGNATURE

FORM NO. CST 12

COPYRIGHT SOCIETY OF TANZANIA (COSOTA)

THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999 (Act No. 7 of 1997)

(PART 3)

APPLICATION TO PURCHASE A HAKIGRAM FROM COPYRIGHT
SOCIETY OF TANZANIA

(Made under Regulation 11)

  1. Name of importer/Applicant ……………………………………………………………
  2. Address:……………………….Tel:………………………………….Fax………………….
  3. Title of the work for which a Hakigram is being purchased…………………..
  4. No of HAKIGRAMS required……………… ……………………………………………
  5. Name of author(s) composer of work ……………………………………………..
    1. (i) Has the importer obtained the Authorisation of the producer or his authorized representative to import the said work(s): Yes/no…………………………………………………………………………………….
    2. (ii) If Yes please attach evidence.
  6. DECLARATION I/We declare that the information given above is true to the best of my/our knowledge and the belief and that any misinformation provided by me/us renders my/our application null and void.

Declared at ………………………………………….of………………………..200……

………………………………………………….

APPLICANT’S SIGNATURE

Note:

Applicant should have:

(1)
Genuine Stickers of the Country of Origin of the imported works affixed on to the works or
(2)
Authentication from the producer of the work to import the work (S) for which this approval is being sought.

Form No. CST 13

COPYRIGHT SOCIETY OF TANZANIA (COSOTA)

THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999 Act No. 7 of 1999)

(PART 4)

APPROVAL TO PURCHASE HAKIGRAMS FROM COPYRIGHT SOCIETY OF TANZANIA

( Made under Regulation 12)

Approval is hereby given to ………………………………………of…………………………… to purchase HAKIGRAMS numbered …………………….. to……………………………… In respect of the audio or audiovisual recordings as detailed hereunder:

Serial No. Title Composer Producer Quantity For Official use
1. …………… …… …………… ………….. ………… ……………………
2. …………… …… …………… ………….. ………… ……………………
3. …………… …… …………… ………….. ………… ……………………
4. …………… …… …………… ………….. ………… ……………………
5. …………… …… …………… ………….. ………… ……………………

Note:
HAKIGRAMS are not transferable from one work to the other without the express
permission of the Copyright Administrator.

COPYRIGHT SOCIETY OF TANZANIA (COSOTA)

THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999 (ACT NO. 7 OF 1999)

(PART 5) (FEES)

(Made under Regulation 13)

The fee of each HAKIGRAM shall be T.shs. 100 but shall be subject to periodic adjustment by the Society.

Dar es Salaam, NAZIR M. KARAMAGI
…… January, 2006 Minister of Industry, Trade
and Markets.

 

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