CHAPTER 218
">COPYRIGHT AND NEIGHBOURING RIGHTS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Objectives.

   3.   Application.

   4.   Interpretation.

PART II
COPYRIGHT

   5.   Works in which copyright may subsist.

   6.   Derivative works.

   7.   Subject matter not protected.

   8.   Substance of copyright.

   9.   Economic rights.

   10.   Right of distribution.

   11.   Moral rights.

   12.   Free use.

   13.   Temporary reproduction.

   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 authorisation.

   26.   Exceptions.

   27.   Acknowledgement of source.

   28.   Authorisation.

   29.   Competent authorities.

   30.   Interpretation.

PART IV
PROTECTION OF PERFORMERS, PRODUCERS OF SOUND RECORDINGS AND BROADCASTING ORGANISATIONS

   31.   Acts requiring authorisation of performers.

   32.   Acts requiring authorisation of producers of sound recordings.

   33.   Equitable remuneration for use of sound recordings.

   34.   Acts requiring authorisation of broadcasting organisations.

   35.   Limitations on protection.

PART V
SANCTIONS

   36.   Civil remedies.

   37.   Action for injunction and damages.

   38.   Right of destruction and similar measures.

   39.   Right of delivery.

   40.   Responsibility of the proprietor of an enterprise.

   41.   Exceptions.

   42.   Offences and legal sanctions.

   43.   Conservatory and provisional measures.

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 Act No. 6 of 1966.]

   53.   Transitional provision.

SCHEDULE

CHAPTER 218
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT

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

[31st December, 1999]
[G.N. No. 452 of 1999]

Act No. 7 of 1999

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title

   This Act may be cited as the Copyright and Neighbouring Rights Act.

2.   Objectives

   In order to promote the creation of literary and artistic works, to safeguard expressions of traditional culture and to further productive activities in the field of communicating to the public authors' works, expression of folklore, other cultural productions and events of general interest, this Act–

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

   (b)   provides for the protection of expressions of folklore by rendering certain uses thereof subject to authorisation and determining offences against lawful interests relating to their integrity; and

   (c)   protects lawful interest of performing artists, producers of phonograms and broadcasting organisations relating to their productions, by granting them relevant rights.

3.   Application

   (1) This Act shall apply to–

   (a)   works of authors who are nationals of, or have their habitual residence in the United Republic of Tanzania;

   (b)   works first published in the United Republic of Tanzania, irrespective of the nationality or residence of their authors;

   (c)   audio-visual works, the producer 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 in the United Republic of Tanzania.

   (2) In this Act the expression “the protection of expressions of folklore” applies to expressions of 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 audio-visual 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);

   (4) Protection of phonograms under this Act is available where–

   (a)   the producer is a national of the United Republic of Tanzania; or

   (b)   the first fixation of the sound was made in the United Republic of Tanzania; and

   (c)   the phonogram was first published in the United Republic of Tanzania.

   (5) Protection of broadcasts under this Act is available where–

   (a)   the headquarters of the organisation is situated in the United Republic of Tanzania; or

   (b)   the broadcast was transmitted from a transmitter situated in the United Republic of Tanzania.

   (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 the case of published works, the country of their first publication, grants similar protection to nationals or residents of the country of the United Republic of Tanzania for their unpublished works or to works first published in the United Republic of Tanzania;

   (b)   expression of foreign folklore, provided that the country of the community from which such expressions have been derived, grants similar protection to expression of folklore developed and maintained in the United Republic of Tanzania;

   (c)   works, expression of folklore, performances, phonograms and broadcasts which are to be protected in the United Republic of Tanzania by virtue of and in accordance with international conventions to which it is party.

4.   Interpretation

   In this Act, unless the context otherwise requires–

   "an audio-visual work" 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 work;

   "broadcasting" means the communication of a work, a performance or a sound recording to the public by wireless transmission, including transmission by satellite;

   "communication to the public" means the transmission by wire, or without wire, of the images or sounds 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 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;

   "computer program" means a set of instructions 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;

   "Court" means the District Court established under the Magistrates' Courts Act *;

   "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;

   "copyright" means the sole legal right to print, publish, perform, film or record a literary or artistic or musical work;

   "distribution by cable" means the operation by which signals are guided by wire, beam or other conductor device, to the public or any section thereof, for reception;

   "distribution to the public of the original 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 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" are the secondary right of copyright which 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 of a representation of sounds regardless of the method by which the sounds are fixed on the medium in which the sounds are embodied, and it does not include a fixation of sounds and images, such as the sound track of an audio-visual work;

   "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 a showing 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 or process; or

   (d)   in the case of an audio-visual work, the showing of individual images consequentially,

at a place or places where 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 audio-visual work, the recitation, playing, dancing, acting or otherwise performing the work, or the expression of folklore, either directly or by means of any device or process;

   (b)   in the case of an audio-visual work, the showing of images in sequence and the making of accompanying audible sound; 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 closest 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 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 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 organisation of the broadcast of another broadcasting organisation;

   "reproduction" means the making of one or more copies of a work or of a phonogram in any manner or form, including any sound or visual recording or any permanent or temporary storage of the work or phonogram in electronic form;

   "rights management information" is any information which identifies the author, the work, the performer, the performance of the 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 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 connection with the broadcasting, communication to the public or making available to the public of a work, a fixed performance, a sound recording or a broadcast;

   "video recording" means the embodiment of interrelated changing images, with or without accompanying sounds, in some enduring material form permitting them to be repeatedly perceived, reproduced or communicated to the public;

   "works first published in the United Republic of Tanzania" also means works first published abroad but thereafter published in the United Republic of Tanzania within thirty days;

   "works of joint authorship" means works created by two or more authors in collaboration, in which the individual contributions are indistinguishable from each other.

PART II
COPYRIGHT (ss 5-23)

5.   Works in which copyright may subsist

   (1) Authors of original literary and artistic works shall be entitled to copyright protection for their works 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, sermons and other works of the same nature;

   (c)   dramatic and dramatico-musical works;

   (d)   musical works (vocal and instrumental), whether or not they include accompanying words;

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