Final creative expression- Maureen

23RD August 2011, Ubungo Plaza, Dar es Salaam.
Duration of Protection
How you can generate income from creative
Infringement of Copyright
Tanzania has a sizeable population that is engaged
in creative expressions in literary and artistic
works like;
• Books and journals,
• in musical works,
• in dramatic works,
• audiovisual works,
• design and fashion,
• computer program in artistic works,
• in applied art,
• handicraft and the likes.
Intro cont…..
Creative expression is also a conduit to creative
industries which are important to the economy of
Tanzania as it creates;
 employment,
 utility,
 entertainment,
 communication,
 discipline and transfer of knowledge,
 national and international trade and it is also a
source of income.
What is Copyright?
Copyright means the sole legal right to
 print,
 publish,
 perform film or record a literally or artistic or
 musical work.
This is provided for in section 4 of the Copyright
and Neighbouring Rights Act, No. 7 of 1999 (Cap
218 R.E 2002) hereinafter called Copyright Law
Scope of protection
The Copyright Law among others, protects
 sketches,
 drawings,
 painting,
 maps,
 applied art whether handicraft or produced on
an industrial scale.
What are related rights?
In Tanzania related rights are known as
 neighbouring rights and
 secondary rights.
These rights are incorporated in the Copyright Law
under Part IV which provides for the protection of
 Performers,
 Producers of Sound Recordings and
 Broadcasting Organizations.
Copyright and related rights relevance to your
 In Tanzania copyright and related rights are
relevant to ones business as it controls
commercial exploitation of original works and
generation of income.
 One needs to get prior permission for using
copyrighted works through the owner/artist or
the Collective Management Organization.
e.g. The Copyright Law under section 48, provides that
the Society is to determine the minimum rates of
royalties to be levied in respect of uses to be made of
works registered by it.
In performing this
 The Minister has made Licensing Regulations known
as the Copyright (Licensing of Public Performances
and Broadcasting) Regulations, 2003. GN No. 328
published on 10/10/2003
 which clearly stipulates under regulation 3 that no
person shall hold public performances or
broadcasting of a work in which copyright subsists
except under a license issued by the COSOTA.
Copyright is obtained by virtue of creation of an original
creative work.
Cont …………….
Tanzania has acceded to the following Copyright
International Conventions among others namely:
 The Convention Establishing the World Intellectual
Property Organization 1970 (WIPO Convention),
 The Berne Convention for the Protection of Literary
and Artistic Works (1886),
 The African Regional Intellectual Property
Organization (ARIPO) (1976),
 WTO- TRIPS Agreement (1994),
• The Industrial Property Branch of IP (Trademark,
Service Marks, Industrial Designs, Geographical
Indications, Trade Secrets) are administered by
The Business Registration and Licensing Agency
• The protection and promotion of competition in
markets and protection of consumers from unfair
and misleading market conduct in Tanzania are
dealt with by The Fair Competition Commission
What categories or type of works are protected by
The Copyright Law protects:
o literary and
o artistic works to include
pamphlets and
writings including computer programs;
 lectures,
 addresses,
Sermons and
works of the same nature; dramatic and dramatico –
musical works, musical works (vocal and instrumental),
Categories of work cont………….
Whether or not they include accompanying words;
 choreographic works and
 pantomimes;
 cinematographer works, and audio-visual works,
 works of drawing,
 painting, architecture,
 Sculpture,
 engraving,
 lithography and tapestry;.
Categories of work cont………….
Photographic works including
 works expressed by processes analogous to
 works of applied art,
 handicraft or produced on an industrial scale,
 illustrations,
 maps,
 plans,
 sketches and
 three dimensional works relative to
• geography,
• topography,
• architecture or science
What criteria must a work meet to
qualify for protection?
The main criterion for the protection of
copyright in Tanzania is that the work has to
be original and it receives automatic
protection. This means that it originates from
the author himself/herself. For registration
purposes It has to be fixed in a tangible form.
What aspects of a work are not
protected by copyright?
News of the day published,
 broadcast or publicity communicated by any
other means and any
 idea,
 procedure,
 method of operation,
concept principle,
discovery or mere data,
What are economic rights?
The economic rights relate to the following acts
a) reproduction of the work;
b) distribution of the work;
c) the rental of the original or a copy of an audiovisual work,
d) work embodied in a sound recording,
e) computer program,
f) A database,
g) or musical work in the form of notation,
irrespective of the ownership of the original
or copy concerned;
Economic rights cont………….
h) public exhibition of the work,
i) translation of the work
j) adaptation of the work;
k) public performance of the work;
l) broadcasting of the work;
m) other communication to the public of the
n) Importation of copies of the work
What are moral rights?
The author of a protected work has moral rights
to claim authorship of his work, in particular
that his authorship be indicated in connection
with any of the acts referred to in economic
rights and 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 honor or reputation.
What rights do “related rights”
The types of related rights granted in Tanzania
are those related to
 Performers,
 Producers of phonogram and
broadcasting organizations.
All these are administered by COSOTA.
How long do copyright and
related rights protections last?
The author’s economic and moral rights in
Tanzania are protected during his/her life and
fifty years after his/her death.
Joint authorship protected during the life of the
last surviving author and fifty years after his
What do you have to do to obtain
copyright or related rights protection?
Copyright protection in Tanzania applies on the
sole fact of creation of such work; there is no
necessary requirement of registration of such
How do you prove that you are the
owner of copyright?
The copyrighted work is protected and
recognized by virtue of creation, any person
whose work is infringed can institute a suit in
a court of law but he/she will have to produce
evidence that the work is his own original
How can you generate income from
creative works?
One can generate income from his/her creative
work by either in his capacity or by authorizing
another person to act in his capacity in one or
all of his rights;
 to sell,
 license and assign others to
• reproduce,
• distribute,
• rental of the original or a copy of an audio-visual work,
Examples of Tanzanian creative
works generating income
George Lilanga’s works currently utilised by
Tanzanian entrepreneurs
Africa sana’s designs
Tinga Tinga paintings licensed to Tiger aspects
Traditional dances performed locally and
internationally by groups such as Parapanda
Arts Festivals
Bagamoyo, Zanzibar, Makumbusho etc.
When do you need permission to use
the works of others?
In Tanzania one can use the author’s protected
work, either in the original or in translation
without authors' consent (free use).
• Permission is needed if one wants to exploit
rights owned by others for commercial
purposes to enhance the value or efficiency of
his business thus the obligation to pay
remuneration for the use of the work.
When is a work in the public domain?
• When the work has lasted 50 years after the
death of the author it becomes in the public
domain hence anyone can use it without any
When is your copyright
• The copyright is infringed when one uses the
authors work for commercial purpose/gain
without the author’s permission or
• one privately use the author’s work freely and
• the use conflict with normal exploitation of
the work and
• unreasonably prejudice the legitimate
interest of the author.
What should you do if your rights are likely to
be or have been violated?
If a person whose right are in imminent danger
of being infringed or have been infringed, may
institute proceedings in the United Republic of
Tanzania Courts for an injunction, prohibit the
continuation of the infringement; and/or
payment of any damages.
 Creative expression benefits the copyright owner
and the ones surrounding him as from grass root
level to international level.
 There will be controlled commercial exploitation of
original works which will generate income for:
small and medium sized enterprises
thus this creativity has to be protected at all costs
and action against infringers should be taken. The
Copyright Law should have teeth to bite and the
Government stands to benefit through effective
copyright protection.
Creative Expression: An Introduction to Copyright
and Related Rights for Small and Medium-sized
Enterprises. WIPO publication No. 918.
 Copyright and Neighbouring Rights Act No. 7 of 1999
Cap 218 R.E 2002.
 IP Panorama
Copyright and Neighbouring Rights (Registration of
Members and their Works) Regulations, 2005.
The Copyright (Licensing of Public Performances and
Broadcasting) Regulation 2003.