Registering a Copyright in Tanzania:

• Introduction
• The importance of Registering a Copyright
• Copyright Registration Procedure
• Eligibility for Copyright Registration and Protection in Tanzania
• Requirements for filing Application for Copyright Registration
• Examination of the Application
• Certificate of Registration

“The Author or creator of an artistic work doesn’t have to go through the Copyright Registration Process for his/her work to be protected under the copyright’s laws of Tanzania. However, copyright registration plays significant role on protection of copyrights.”

Introduction

Copyright, is the sole legal right to print, publish, perform, film or record a literary or artistic or musical work. Whereas the authors of original literary and artistic works acquire copyright for their works, by the sole fact of the creation of such works.

The Importance of Registering a Copyright

Although copyright automatically accrues to the author of the original work, registration of the copyright can be of importance, when it comes to protection and enforcement of copyright. Tanzania has a copyright registration system, which is not mandatory in order to enjoy legal protection of rights, but is very useful in proving ownership if you ever need to enforce your Intellectual Property rights. Registering copyrights simplifies adducing of evidence in Court and in Dispute Settlements. Further, it enables the author to claim and receive royalties in and out of Tanzania mainland.

Copyright Registration Procedure

The person who wants to register his/her copyright in Tanzania has to do it through Copyright Society of Tanzania (COSOTA). COSOTA is an organization established by the Act which is responsible for managing copyright matters in Tanzania. It has a several of functions among other, is to maintain registers of works, productions and association of authors, performers, translators, producers of sound recordings, broadcasters and publishers.

Eligibility for Copyright Registration and Protection in Tanzania

Generally, copyright protection in Tanzania is available to;

1. Works of authors who are nationals of Tanzania, or have their habitual residence in Tanzania.
2. Works first published in Tanzania, irrespective of the nationality or residence of their authors.
3. 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 provides the same protection to the works first published in Tanzania.

Requirements for Filing application for copyright registration

For a copyright to be registered for protection, the applicant or his agent shall file an application for registration of copyright with COSOTA. The application for registration of copyright is made in a prescribed form accompanied with the following documents and information;

• Two copies of the copyrighted work;
• Two passport-size photos of the applicant;
• A copy of the applicant’s passport, National Identity card or birth certificate;
• A copy of the passport, National Identity card or birth certificate of the applicant’s next of kin; and,
• A copy of any agreement or other document evidencing other rights holders’ contributions to and/or ownership of the copyrighted work.
• For the creator of any copyright idea under the group or company must show the relation in a written form between the declaration and the group/company.
• Names of group members and representative if it is a group or band or choir.
• For the creator of any copyright idea under the group or company must show the relation in a written declaration form between him and the group/company.

 Examination of the application

On receiving the application for copyright registration, the Copyright Administrator conducts search on the registered works, and works pending for registration, with a view to ascertain if there is any dispute or existence of the same work in the register. After conducting the search, the Copyright Administrator may accept or reject the application.

If the Copyright Administrator rejects the application, he will inform the applicant of his decision and his reasons thereto, and the applicant has to reply to such notice or apply for hearing to the refusal within one month to the objection by the Copyright Administrator.

Certificate of Registration

If the Copyright Administrator accepts the application, he will issue the certificate of registration.

Disclaimer: This article is authored by Irene Gunze, an Associate from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Stallion Attorneys and Sepia Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions.  This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.