CHAPTER 218 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections OAG n o f Section Title iss io m part i r pe PRELIMINARY PROVISIONS ut ith o 1. Short title. d w 2. Objectives. uteib 3. Application. ist r d 4. Interpretation. r d o uc e part ii rod COPYRIGHT re p be 5. Works in which copyright may subsist. ay 6. Derivative works. k mo 7. Subject matter not protected. bo is 8. Substance of copyright. f th 9. Economic rights. rt oa 10. Right of distribution. p No 11. Moral rights. . rve d 12. Free use. se 13. Limitations for ac creets ssible format copies. 14. Conditions fo rirg himport or export of accessible format copies. 15. Temporar. yA r lleproduction. 16. Durationniaa of author’s right. 17. Owan zership of copyright. 18. t oR f eTquirement for authorisation. 1m9e. n Assignment of author’s rights. ern20. Licences. v G o 21. Transfer of rights. 02 5 22. Disproportionate remuneration. ©2 23. Non-exercise of exclusive rights. 24. Contract of future grant. 25. General rules of contracts. 26. Contracts for commissioned works. 165 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] part iii PROTECTION OF EXPRESSION OF FOLKLORE AGAINST ILLICIT EXPLOITATION 27. Protected expression of folklore. 28. Utilisation subject to authorisation. G. 29. Exceptions. OA f 30. Acknowledgement of source. ion o 31. Authorisation. iss 32. Competent authorities. rm pe 33. Interpretation. ut ith o w part iv ted PROTECTION OF PERFORMERS, PRODUCERS OF SOtriUb uND RECORDINGS AND BROADCASTING ORGANIS is rA dTIONS o 34. Acts requiring authorisation of performers. ce d 35. Acts requiring authorisation of producers of sound rercoodrudings. 36. Equitable remuneration for use of sound recording rse. p 37. Acts requiring authorisation of broadcasting oyrg baenisations. 38. Limitations on protection. a k m oob pathrist v SA oNf t CTIONS r 39. Civil remedies. pao 40. Action for injunction andd. d Namages. 41. Right of destruction aenrvde similar measures. 42. Right of delivery. s re 43. Responsibilityig ohf ts proprietor of enterprise. 44. ExceptionsA. ll r 45. Offencensia a. nd legal sanctions. 46. Comzpan ounding of offences. 47. oCf Ta onservatory and provisional measures. t en ern m part vi ov MEASURES, REMEDIES AND SANCTIONS AGAINST ABUSES 5 G IN RESPECT OF TECHNICAL MEANS OF PROTECTION 20 2 AND RIGHTS MANAGEMENT INFORMATION © 48. Infringements of technical means of protection and rights management information. 49. Regulations. 166 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] 50. Administration of copyright and neighbouring rights. 51. Functions of Office. 52. Fees, royalties, etc. 53. Imposition of copyright levy. 54. Funds of Office. G. 55. Office’s accounts and records. A f O 56. Office’s composition. n o siois part vii erm COLLECTIVE MANAGEMENT OF COPYRIGHT ut p ho 57. Licensing of collective management organisations. t w i 58. Function of collective management. d ute 59. Conditions for issuance of licence. tribis 60. Submission of financial year report to Office. d or 61. Immunity. ce d 62. Appeal. duro 63. Collective management organisation regulations. ep be r y part viii m a TRANSITIONAL oPoR kOVISIONS b 64. Repeal. thi s 65. Transitional provision. f art o o p . N SCHEDULE rve d res e ts rig h All nia . za Tan f nt o me rn ov e 5 G 20 2 © 167 CHAPTER 218 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT . An Act to make better provision for protection of copyright and neighboring AG rights in literary, artistic works and folklore, and for related matters. of O [31st December, 1999s]io n is [GN. No. 452 of 1r9m99] Acts Nos. GN. Nos. t p e 7 of 1999 343 of 2021 ou 9 of 2019 780 of 2021 ithw 1 of 2022 ed 5 of 2022 utb 7 of 2023 ri di st d o r e uc PART I rod rep PRELIMINARYy bP e ROVISIONS a m Short title 1.–(1) This Act may be cit o ebod kas the Copyright and Neighbouring Rights Act. thi s f (2) [Omitted.] rt oa No p Objectives 2. In order etdo . promote the creation of literary and artistic works, safseegr vuard expressions of traditional culture and further product e ts irve activities in the field of communicating to the pub h lll rii gc authors’ works, expression of folklore, other cultural piar. o Aductions and events of general interests, this Act- an nz (a) protects the moral and economic interests of authors f T a relating to the works, by recognising exclusive authors’ nt o e rights and providing for just and reasonable conditions rnme of lawful use of authors’ work and regulated access to ov 5 G them; 20 2 (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 168 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (c) protects lawful interest of performing artists, producers of phonograms and broadcasting organisations relating to their productions, by granting them relevant rights. Application 3.–(1) This Act shall apply to- G. A (a) works of authors who are nationals of, or have their O of habitual residence in Tanzania; n ss io (b) works first published in Tanzania, irrespective o i efr mthe nationality or residence of their authors; ut p o (c) audio-visual works, the producer of whi cwhith has his headquarters or habitual residence in Tantezdu ania; and (d) works of architecture erected in Tanstzr i i abnia and other ‘artistic works’ incorporated in a o r bd uilding or other structure located in Tanzania. ce d u (2) In this Act, the expression “th d pero protection of expressions of folklore” applies to expressio re bne s of folklore developed and maintained in Tanzania. y a (3) Protection of perfo k m oromance under this Act is available where- his b t (a) the performret or f is a national of Tanzania; (b) the perfoor mp aance took place on the territory of Tanzania; (c) the per.f Nd ormance is fixed in a phonogram or in audio- visuravlese form qualifying for protection under subsection ts( 4r e); or (ld rig) h the performance, which has not been fixed in a . A l ia phonogram or in audio-visual form, is embodied in a n za broadcast qualifying for protection under subsection n f T a (5); t o en (4) Protection of phonograms under this Act is available m ern where- ov G (a) the producer is a national of Tanzania; 02 5 (b) the first fixation of the sound was made in Tanzania; or ©2 (c) the phonogram was first published in Tanzania. (5) Protection of broadcasts under this Act is available where- (a) the headquarters of the organisation is situated in Tanzania; or 169 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (b) the broadcast was transmitted from a transmitter situated in 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 AG having their residence in a foreign country, provided of O n that, the country where the author has his habitu i isasl o residence or, in the case of published works, the co rm puentry of their first publication, grants similar prote t ocution to nationals or residents of the country of Ta wni thzania for d their unpublished works or to works firsutt eb published in Tanzania; str i di (b) expression of foreign folklore, provdi od r ed that, the country of the community from whic c duh ethe expressions have been derived, grants similaepr r oprotection to expression of folklore developed an dbe m r aintained in Tanzania; and (c) works, expression may of folklore, performances, phonograms and ok bboroadcasts which are to be protected in Tanzania b is thy virtue of and in accordance with internationartl oc f onventions to which it is a party. a o p Interpretation 4. In this Act,d u. Nnless the context otherwise requires- Acts Nos. 9 of 2019 s. 12 “accessible rvfese ormat copy” means a copy of a work in an 1 of 2022 s. 18 altertsn r eative manner or form which affords a beneficiary 5 of 2022 ss. 22 peigrhand 23 l r son ease of access to the work feasibly and comfortably, l ia. Aand includes braille, audio, digital format, large font or za n other appropriate technology; Tan f “an audio-visual work” means work that consists of a series t o en of related images which impart the impression of motion, m ern with or without accompanying sounds, susceptible of ov G being made visible and where accompanied by sounds 250 susceptible of being made audible; ©2 “author” means the natural person who creates the work; “authorised entity” means an entity that is authorised or recognised by the Copyrights Office of Tanzania to provide education, instructional training, adaptive reading or information access to beneficiary persons on 170 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] a non-profit basis, and includes a public institution or non-profit organisation that provides the same services to beneficiary persons as one of its primary activities or institutional obligations; . “broadcasting” means the communication of a work, a OAG performance or a sound recording to the public by f ion o wireless transmission, including transmission by satelliitses; “beneficiary person” means a person who- pe rm (a) is blind; ut o (b) has a visual impairment or a perceptual woitrh reading d disability which cannot be improved buto te give visual function substantially equivalent tod ist thri at of a person who has no such impairment ord od r isability and so is unable to read printed works tdou c esubstantially the same degree as a person without aepn ro impairment or disability; or be r (c) is otherwise unable, thmray ough physical disability, to hold or manipulate a bobo okk or to focus or move the eyes to the extent that wouilsd th be normally acceptable for reading regardless o f rft oany other disabilities; “communicationo p ato the public” means the transmission by wire, . N eodr without wire, of the images or sounds or both, osefr va work, a performance, a sound recording or a e broasd rht cast, in such a way, that the images or sounds can b erigll perceived or accessed by persons outside the normal a. A i circle of a family and its closest social acquaintances at a n nz a place distant from the place where the transmission, the of Ta images or sounds would not be perceivable or accessible nt e and, further, irrespective of whether the persons can m ern receive or access the images or sound at the same place ov G and time, or at different places and or times individually 02 5 2 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 171 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] computer can read, of causing a computer to perform or achieve a particular task or result; “court” means the court of competent jurisdiction; “copies of phonograms” means any article which contains . sounds taken directly or indirectly from a phonogram OAG and which embodies all or a substantial part of the sounds n o f fixed in that phonogram; io iss “copyright” means the sole legal right to print, pupbel rmish, perform, film or record literary or artistic or t omu usical work; ith d w “collective management” means the exercisebu teof copyright and related rights by organisations acti ri dnisg t in the interest and on behalf of the owners of rightsd; or “collective management organisationd”u cme eans an organisation or body exercising copyright orep r roelated rights on behalf of the owners of rights, whos ebe mr ain object is to negotiate for the collection and d mis atyribution of royalties and the granting of licences boin ok respect of copyright works or performer’s rights s tihn i return of an administrative fee; “distribution by cabrt loe f” means the operation by which signals are guided boy p awire, beam or other conductor device, to the public o. Ned r any section thereof, for reception; “distribut rv sieon to the public of the original work or a copy of ats r e h work or a sound recording” refers to any act by wll rhi gich copies are offered to the general public or any A ia. section thereof, mainly through appropriate commercial anz channels; Tan of “expression of folklore” means production consisting t en of characteristic elements of the traditional artistic ern m heritage developed and maintained over generations by ov G a community or by individuals reflecting the traditional 5 20 2 artistic expectations of their community; © “fixation” means the embodiment of sounds, 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; 172 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] “Minister” means the minister 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 OAG other persons who act, sing, deliver, declaim, play in or n o f otherwise perform literary or artistic works includin io issg expressions of folklore, variety and circus artists; ermp “phonogram” means any exclusively aural fixation uto o f the sounds of a performance or of other sound ith ws, or of a d representation of sounds regardless of th te bue method by which the sounds are fixed on the mediiustr i d m in which the sounds are embodied, and it does notd ion r clude a fixation of sounds and images, such as the soduu cend track of an audio- visual work; ro ep “producer of phonograms” m e r beans the person who, or the legal entity which first fi xeasym the sounds of a performance or other sounds; oo k b “public exhibition” m teh ias ns a showing of the original or copy of the work- f art o (a) directly; o p (b) by me N eda . ns of a film, television images or otherwise on screrevn; (c) sb r es ht y means of any other device or process; or (lld ri g) in the case of an audio-visual work, the showing of . Aia individual images consequentially, at a place or places za n n where person outside the normal circle of a family and of Ta its closest social acquaintances are or can be present, en t irrespective of whether they are or can be present at ern m the same place and time or at different places and or v G o times, and where the work can be displayed without 02 5 2 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; 173 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (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 AG O persons outside the normal circles of the family and its n o f closest acquaintances are or can be present, irrespectiivsse io of whether they are or can be present at the same r p pe lmace and time, or at different places and times or boout th , and where the performance can be perceived w wiitthhout the d need for communication to the public; uteb “published” refers to a work or a phonogramtri dis, tangible copies of which have been made available r d oto the public in a reasonable quantity for sale, renta ce dul, public lending or for other transfer of the ownershi ro epp or the possession of the copies, provided that, in th ee rb case of a work, the making available to the public tmo aoy k place with the consent of the author or other obw k ooner of copyright, and in the case of a phonogram, twh isi th the consent of producer of the phonogram or hrti os f successor in title; “rebroadcasting a o” p means the unchanged broadcasting organisatieod .n N of the broadcast of another broadcasting organisseart vion; e “repro r hdtsuction” means the making of one or more copies ol fril ga work or of a phonogram in any manner or form, A ia. including any sound or visual recording or any permanent an nz or temporary storage of the work or phonogram in Ta electronic form; nt of e “rights management information” is any information ern m which identifies the author, the work, the performer, the v G o performance of the performer, the producer of the sound 25 20 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 information, when any of these items of information is 174 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] 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; AG O “video recording” means the embodiment of interrelated n o f changing images, with or without accompanying soundsiis ,o in some enduring material form permitting them pteo rm be repeatedly perceived, reproduced or communicoau tt ed to the public; with d “works first published in Tanzania” also mea te trib uns works first published abroad but thereafter publisdihs ed in Tanzania within thirty days; and d o r “works of joint authorship” means wduo creks created by two or more authors in collaboratione,p roin which the individual contributions are indistingu r y b ieshable from each other. ma oPokb ART II is f thCOPYRIGHT art o Works in which 5.–(1) Authors N o fp original literary and artistic works shall be copyright may subsist entitled to cvoepd .yright protection for their works under this Act by the so er reles fact of the creation of works. (2) hItsn this section, literary and artistic works shall include g in Apll arirticular- nia . (a) books, pamphlets and other writings, including nz a a computer programs; T t o f (b) lectures, addresses, sermons and other works of the enm same nature; ernv (c) dramatic and dramatic musical works; o 5 G (d) musical works (vocal and instrumental), whether or 02 ©2 not they include accompanying words; (e) choreographic works and pantomimes; (f) cinematographic works, and other audio-visual works; (g) works of drawing, painting, architecture, sculpture, engraving, lithography and tapestry; 175 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (h) photographic works including works expressed by processes analogous to photography; (i) works of applied art, whether handicraft or produced on an industrial scale; and . (j) illustrations, maps, plans, sketches and three OAG dimensional works relative to geography, topography, of n architecture or science. siois (3) Works shall be protected irrespective of their foprem rm of expression, their quality and the purpose for which theuty were created. ith o ted w u Derivative works 6.–(1) The following shall be protected as oriisgtri inb al works- (a) translations, adaptations, arrang oerm d ents and other transformation of literary and a e urctdistic works; (b) collections of literary andp roa drtistic works, such as encyclopaedias and anbteh reologies or collections of expressions of folklormea ay nd compilation of data or data bases which, by reaos ko o n of selection and arrangement of their contents coisn bstitute intellectual creation; and (c) works inspireodf th rt by expression of folklore. (2) The proteco tpi aon of any work referred to in subsection (1) of this sectiond .s Nhall be without prejudice to any protection of a pre-existinegrvs we ork or expression of folklore utilised for making of such e tsw r ork. igh r Subject matter 7.. A lNl otwithstanding the provisions of sections 5 and 6, not protected nia za protection shall not extend to- Tan (a) laws and decisions of courts and administrative bodies f nt o as well as to official translations thereof; rnm e (b) news of the day published, broadcast or publicly ov e communicated by any other means; and 5 G 02 (c) an idea, procedure, method of operation, concept, ©2 principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work. 176 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Substance of 8. Copyright in a literary and artistic work comprises the copyright exclusive economic and moral rights of the author as provided for under sections 9 to 11. . Economic rights 9.–(1) Subject to the provisions of sections 12 to 24, the author G Act No. A 9 of 2019 s. 13 shall have the exclusive right to carry out or to authorise the O of following acts in relation to the work- ion ss (a) reproduction of the work; mi er (b) distribution of the work; t pu (c) the rental of the original or a copy of an audith o w io-visual work, a work embodied in a soundu ter decording, a computer program, a database, or a smtr ib i usical work in the form of notation, irrespective oor fd the ownership of the original or copy concerned; ed uc (d) public exhibition of the workpr;o d (e) translation of the work; re be (f) adaptation of the work;y ma (g) public performancoe o kof the work; (h) broadcasting ofh itsh be work; t (i) right to bene rt fio ft from re-sale; (j) other como pm a unication to the public of the work; and (k) impordt.a Ntion of copies of the work. (2) Thee rrvs ieght of rental under paragraph (c) of subsection (1) of ttsh r eis section does not apply to the rental of computer prog h l rrigams where the program itself is not the essential object Al oiaf. the rental. n nz a Right of Ta 10.–(1) The right to authorise distribution provided for in distributionof nt section 9(1)(b), shall cease to exist in respect of the original or e rnm a copy of the work which has been sold by the author or other veo owner of copyright, with his authorisation, on the territory of 5 G 02 Tanzania. ©2 (2) Notwithstanding the provisions included in subsection (2) of section 9, the author or any owner of copyright preserves the exclusive rights to authorise the rental of copies of the works after the sale of the copies. 177 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] 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 visual G OA recording, broadcasting or distribution by cable; of n (b) to object to and to seek relief in connection with ainssy io distribution, mutilation or other modification opf,e ramnd any other derogatory action in relation to, hoius t work, where the action would be or is prejudi wciithal to his d honour or reputation. ute tribis Free use 12. Notwithstanding the provisions of sec tir odo n 9, the following Act No. 1 of 2022 s. 19 uses of a protected work, either in the ourcieg dinal or in translation, shall be permissible without the d parouthor’s consent and the obligation to pay remuneration bfoe rre the use of the work- (a) in case of any work exy ma cept computer programs and architectural workoso, kt hat has been lawfully published- (i) the prodisu bh ction, translation, adaptation, t arrange rt mo f ent or other transformation of such worok p aexclusively for the user’s own personal adn. d N private use provided that, the reproduction ervs de oes not conflict with normal exploitation of the re ts work and does not unreasonably prejudice the rig h l legitimate interest of the author; l a. A i (ii) the inclusion, subject to mention of the source and n za the name of the author or quotations from the work n f T a in another work, provided that, the quotations are t o en compatible with fair practice and their extent does rnme not exceed that justified by the purpose, including ov G quotations for newspaper articles and periodicals 250 in the form of press summaries; and ©2 (iii) the utilisation 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 178 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] broadcast or distributed by cable for the use in schools, education, universities and professional training, provided that, the use is compatible with fair practice and that the source and the name of . the author are mentioned in the publication, the OAG broadcast, the programme distributed by cable or f n o the recording; iss io (b) the distribution by cable or any work broadcast, wehrmp ere the beneficiaries of the distribution by cable livoeu t in one and the same building, or group of buildin it wgsh none of d which is separated from another buildinutb ge by a public street or road, where the cable distrisbtrdi ui ted originated from the same building or groupd orf buildings and the distribution by cable is done wdiut cheout gainful intent; (c) in case of any article pu ro epblished in newspaper or periodicals on current ec r beonomic, political or religious topics, and in the case m o afy any work of the same character broadcast or distrbiob ouk ted by cable, the reproduction of the article or woisr th k in the press, or the communication of it to the pu f rt bo lic, unless the said article when broadcast or distribo up ated by cable, was accompanied by express provisio. Ned n prohibiting the use, and provided that, the souerrcvs e of it when used in the said manner is clearly e htsi nr dicated. ( ig lld r ) for the purpose of reporting a current event by means a. A i of photography, cinematography or communication to an nz the public, the reproduction, to the extent justified by f T a o the informatory purpose, of any work that can be seen nt e or heard in the course of the said event; ern m (e) the reproduction of works of art and of architecture v G o in an audio-visual or video recording, and the 25 20 communication to the public of the works reproduced, © where the said works are permanently located in a place where they can be viewed by the public or are included in the audio-visual work or video recording only by way of background or as incidental to the essential matters represented; 179 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (f) the reproduction, by photography or sound or 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 AG O lawfully made available to the public, provided that, of n reproduction, the number of copies made, and the uissse io thereof are limited to the needs of the regular actipve rimties of the entity reproducing the work, and oun t either conflict with the normal exploitation of the itwh ork nor d w unreasonably prejudice the legitimate inutteb erests of the author; ist ri d (g) the reproduction in the press or thd eo r communication to the public of- ce du (i) any political speech d ro epelivered in public or any speech delivered du r breing legal proceedings; or (ii) any lecture, addreasy m s, sermon or other work of the same nature dokbo elivered in public, provided that, the use is heis t x clusively for the purpose of current informrat oti fon, the author retaining the right to puboli ps ah a collection of such works; (h) the recdo. N e rding by any broadcasting organisation for the pusrepr vose of its own broadcasts and by means of its own tsf r e h acilities, in one or several copies, of any work which it ll r ig is authorised to broadcast, the copies of recording shall A ia. be destroyed within six months or any longer period n nz a agreed to by the author. f T a o (i) where a recording made under paragraph (h) has an nt e exceptional documentary character, a copy of it may be ern m preserved in official archives, without the prejudice to Gov the application of the provisions of this Act; 25 20 (j) the reproduction, by an authorised entity or a © beneficiary person, of a published work for visually impaired persons in an accessible format including those available in digital form, museum, archives and libraries; and 180 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (k) the distribution of a published work in an accessible format by an authorised entity or a beneficiary person, exclusively to visually impaired persons. Limitations for 13.–(1) For the purpose of paragraphs (j) and (k) of section 12, G. accessible format A copies an authorised entity may, without the authorisation of the O of Act No. owner of copyright, reproduce an accessible format copyio ns 1of 2022 s. 20 s for the benefit of a person with disability, distribute ertmh i at accessible format copy to a person with a disability p oub t y any means, including by non-commercial lending or w ibthy digital communication by wire or wireless means, and uuten ddertake any intermediate steps for the reproduction or diisstrt ibribution where the following conditions are met: or d (a) the person intending to undert d ucaeke any activity under this subsection shall have lawprfou d l access to the copyright work or a copy of that wober kre; (b) the copyright workm a ys hall be converted into an accessible format coo kp y, which may include any means necessary to crheisa bte such accessible format copy but t which does f r t no o t introduce changes other than those needed too pm a ake the work accessible to a person with a disabidli. t Ny; (c) the rve se accessible format copies are distributed exclusively tsf or er use by beneficiary persons; and (ld rig) h the activity under this subsection shall be undertaken l ia. A on a non-profit basis. n za (2) A beneficiary person or a person serving a beneficiary an f T person may reproduce an accessible format copy of a work for t o en the personal use of the beneficiary person or otherwise may rnme assist the beneficiary person to make and use accessible format ov G copies where the beneficiary person has lawful access to that 02 5 work or copy of that work. ©2 [s. 12A] 181 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Conditions for 14.–(1) A person with a disability or a person that serves import or export of accessible persons with disabilities may, without the authorisation of the format copies owner of copyright, export to or import from another country Act No. 1of 2022 s. 20 any work of an accessible format copy provided he undertakes . such activity on a non-profit basis. AG O (2) A person who imports works in accessible format for n o f reproduction or distribution shall ensure that the content isosf io the imported work is in conformity with moral, valuese ramp nd culture of Tanzania. ou t with [s. 12B] d ute Temporary 15. Notwithstanding the provisions of sections t9r ib i , the temporary reproduction reproduction of a work shall be permitted owr dhere the following conditions are met- ce d u (a) the reproduction is madpero d in the process of a transmission of the workbe o rer an act of making a stored work perceptible; y ma (b) it is caused by a k ooperson or entity that, by way of authorisation byhi st bhe owner of copyright or of operation t of law, is entitolf rt ed to make that transmission or making perceptib a ol pe of the work; and (c) it is a.n Nd accessory to the transmission of making percrevese ptible that occurs during the normal operation of tst hr ee equipment used and entails the automatic deletion h l ri g of the copy without enabling the retrieval of the work of l a. A i any other purpose than those referred to in paragraphs za n (a) and (b) above. n f T a [s. 13] o en t Durrantmion of 16.–(1) Subject to the provisions of subsections (2) to (5), of avuethor’s right o this section, the economic and moral rights shall be protected G 02 5 during the life of the author and for fifty years after his death. ©2 (2) In case of a work of joint authorship, the economic and moral rights shall be protected during the life of the last surviving author and fifty years after his death. (3) In case of a work published anonymously or under a pseudonym, the economic and moral rights shall be protected 182 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] 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, 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) OAG shall apply, as the case may be. n o f (4) In case of audio-visual work, the economic and morasilois rights shall be protected for fifty years from the date on wehrmp ich the work was either made, first made available to the pou tb lic or first published, whichever date is the latest. with d (5) In case of a work of applied art, the economuteb ic and moral rights shall be protected for twenty five years i disf trr om the making of the work. d o r (6) A period provided for under thedu p ceroceeding subsections shall continue until the end of the rep rcoalendar year in which it would otherwise expire. y b e k m a [s. 14] o bo Ownership of 17.–(1) The right in ah isw ork protected under this Act shall copyright t be owned in the firsotf rt instance by the author or authors who created the worko apn a d, the authors of a work of joint authorship shall be co-owd.n Ners of the said rights. (2) In reesrv e s pect of audio-visual work, the original owner of the economts irc e right shall be the co-author of the audio-visual work whol ,ri gi hn the absence of proof of the contrary, shall be presumed l tiao. Abe the author of the scenario, the author of the dialogue, n za composer of the music specifically created for the audio-visual Tan f work and the director, provided that, he has exercised actual nt o e supervision and made an actual intellectual contribution to rnme the creation of the work, and, the author of pre-existing works v G o included in, or adapted for, the audio-visual in, or adapted for, 250 the audio-visual work shall be assimilated to the co-author of ©2 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 authorise their works to be included in, or adapted for, an audio-visual work 183 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] 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, and, the co-authors shall however, maintain their economic rights . in their contributions or pre-existing works, respectively, to AG O the extent that those contributions or pre-existing works can of n be subject of acts covered by their economic rights separatelsyiois from the audio-visual works. pe rm (4) In case of a work created by an author for any poeur t son or body corporate in the course of fulfilment of his or ith w her duties d under a contract of service or employment, theut eb rights of the work referred to in section 9 shall, in the absednis tcrie of contractual provisions to the contrary, be deemed tdo o r be assigned to the employer of the author to the extentd ua cse may be necessary to its customary activities at the timepr oe of the conclusion of the relevant contract of service or e mbe pr loyment. (5) In the absence of proo mf a yto the contrary, the author of a work is the person undebro owk hose name the work is disclosed and this provision sh tahl isl be applicable even if the name is a pseudonym, wherer t toh f e pseudonym leaves no doubt as to the identity of the auo tph aor. (6) In the dc. N e ase of an anonymous or pseudonymous work, subject to tehrvs e provisions of subsection (5), the publisher whose name atsp r e h pears on the work shall, in the absence of proof to the llc rio gntrary, be presumed to represent the author and, in this c A iaa. pacity, shall be entitled to exercise and enforce the moral za n n and economic rights of the author, and, this presumption shall a of T cease to apply when the author reveals his identity. t en (7) The rights referred to in sections 9 to 11 shall be inherited ern m according to the general rules of the law of succession. v G o [s. 15] 5 20 2 © Requirement for 18. A person who intends to use any right protected pursuant to authorisation Act No. the provisions of this Act, shall be obliged to seek authorisation 9 of 2019 s. 14 from the copyright’s holder. [s. 15A] 184 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Assignment of 19.–(1) The rights referred to in section 9 shall be assignable author’s rights in whole or in part. (2) An 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 OAG to in section 9 shall not include or be deemed to include the n o f assignment of any other rights referred to therein. siois (4) Notwithstanding the provisions of section 24e rmp the assignment of right in future work shall be void. t ou (5) The transfer of ownership of the original orw it ohf one or d several copies of a work shall not imply the assignutement of right in the work. str ib r d i d o [s. 16] ceu Licences 20.–(1) The author or other owne ro dp of copyright may grant non exclusive or exclusive licencbees r eto others to carry out, or to authorise the carrying out ofm c ayertain specified acts covered by his or its economic rights. k oo (2) A non exclusive b hliscence shall entitle the licensee to carry t out the act concerneodf rt concurrently with the author or other owner of copyriog hp at and concurrently with any other possible non-exclusived .l Nicensees. (3) An r s eexveclusive licence shall entitle the licensee to carry out the raets ct concerned to exclusion of others, including the authl roigr h or other owner of copyright. Al ia. (4) A licence shall be considered to be exclusive where n za the licensing contract contains words to that effect, or if the n f T a obvious intentions of the contracting parties to that effect nt o e clearly result from the circumstances and, the licensee shall m ern have locus standi to sue in his own name for an infringement v G o of any exclusive right conferred on him. 250 (5) Failure to mention the scope or ways and means of ©2 carrying out the acts for which a licence is granted shall be deemed to limit the licensee to the 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. 185 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (6) The economic right explicitly mentioned in the contract shall be considered part of the licence. (7) Unless the licensing contract provides for a shorter period, the validity of the licence expires fifteen years after conclusion of the contract or, where this period is shorter, AG. O on the expiring of the contract an assignment on the basis of n o f which the assignee has granted the licence. io iss (8) A grant of exclusive licence, shall be valid only if itp ies rm the subject of written contract signed by the contracting pautr o ties. th w i [s. 17] ute d b Transfer of rights 21. Unless otherwise provided for by legislati i isotrn, the user shall be entitled to transfer the rights conferre dor don him under the contract for the use of the work with thucee dconsent of the owner of copyright. pro d re be [s. 18] y a Disproportionate 22. Where the owner of cko mo pyright has conferred the rights remuneration to use the work on conisd b oitions the effect of which is a gross disproportion betwe oef nth the remuneration paid to him by the t user of the work a nadrp the income from the use thereof, the owner of copyright md. a Nyo request an amendment of the contract so as to secure heirmv e an equitable share of the income, corresponding to stands ra ersds generally prevailing in similar cases, the claim may ht rnigot be waived in advance, it cannot be enforced, however, aft. Ae llr the lapse of two years from the time when the owner of anc ia z opyright received knowledge of the circumstances which give an T rise to the claim, and the owner of copyright may not claim to nt of have received such a knowledge after more than five years. me rn [s. 19] e ov 5 G2 Non-exercise of 23. Where the user does not exercise an exclusive right 20 exclusive rights © conferred on him by the owner of copyright, the latter may revoke the right concerned where the non-exercise thereof was prejudicial to his legitimate interests, and, the right of revocation may be exercised only after the expiration of the delay stipulated in the contract for the beginning of the exercise 186 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] 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 and in each case the owner of copyright has to notify the user on the proposed . revocation, granting him a reasonable additional time, suitable G OA for adequately exercising the right transferred, except for cases n o f where the exercise of the right by the user became impossibislse io or he refused it, and, the right of revocation may not be waerimp ved in advance. ut tho d w i [s. 20] ute Contract of future 24. A contract on future grant of rights for thisetr ibuse of works to grant be created is enforceable, and, thereafter ri d ogrhts not specified in detail but only mentioned in general uocre dby reference to their nature, may be terminated by eitherp proa drty by six months notice after a period of four years from bteh ree conclusion of the contract. y ma [s. 21] ok o General rules of 25. The general rules of itsh be law of contracts shall apply to other contracts questions relating to o cf tohntracts for use of authors’ works other t than uses provide pda rfor under this section. . N o d [s. 22] rve Contracts for 26.–(1) We re shere a contract has been concluded for the use of commissioned ts works a woigrhk to be created (commissioned work), the user shall be ll r . A under the obligation to make a declaration concerning ana iacceptance of the work within two months from the date on z Tan which the work was handed over, unless the law otherwise t o f provides, where the user fails to make such a declaration men n within the time fixed by law, the work shall be deemed to have r ov e been accepted. 5 G2 (2) Within the time open for acceptance of the work, the 0 ©2 user shall be entitled to return the same to the author for correction or amendments, the request shall be initiated by him in writing, taking into consideration the purpose for which the creation of the work was agreed upon, and justified requests for correction or amendments can be repeatedly 187 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] made to the author, by fixing suitable dates therefore where 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 appropriate G OA amount less than the remuneration agreed upon for the use of of n the work. iss io [pse. r m23] t tho u PART III d w i PROTECTION OF EXPRESSION OF F te ribOu LKLORE AGAINST ILLICIT EXPLOITAisTtr d ION ed o Protected 27. This Act protects expression of foldkul core as follows- expression of pro folklore (a) folk tales, folk poetry, ridd lre s; (b) folk songs and instrumey nb etal folk music; (c) folk dances, plays ankd m aartistic forms of rituals; (d) production of fol o kb oart in particular drawings, painting, carvings, scuf tlhp isture, pottery, terracotta, mosaic, woodwork, rtm oa etalware, jewellery, baskets, costumes; and No p (e) traditeido .nal musical instruments. se rv re [s. 24] hts Utilisation subject 28. ll Sri gubject to the exception provided for in section 29, the to authorisation nfiao . lAlowing utilisations of the expression of folklore are subject zan to authorisation by the competent authority when they are of Ta made both with gainful intent and outside their traditional or t en customary context- rnm ve (a) any application, reproduction and distribution of 5 G o copies of expressions of folklore; or 022 (b) communication to the public, including recitation, © performance, broadcasting or distribution by cable, of expressions of folklore. [s. 25] 188 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Exceptions 29. The provisions of section 28 shall not apply in the following cases- (a) utilisation for the purposes of education; (b) utilisation by way of illustration in an original work of . an author or authors, provided that the extent of the AG O utilisation is compatible with fair practice; f n o (c) borrowing expressions of folklore for creating iassn io original work of an author or authors inspireedrmp by folklore; and ut o (d) incidental utilisation of an expression owfi thfolklore, d including in particular- uteb (i) utilisation of an expression of fodilsk trilore that can be seen or heard in the course ofo r d a current event for the purposes of reportin ce dgu on the current event by means of photograpre ho , broadcasting or sound or visual recording,e pr b rovided that the extent of utilisation is just mifi ayed by the informatory purpose; and ok bo (ii) utilisation th iso f objects containing the expression of folkrlto or f e which are permanently located in a placoe p awhere they can be viewed by the public, wedh . Nere the utilisation consists of including their ervs image in a photograph, in a film or in a television re hts broadcasting. ll r ig [s. 26] a. A i Acknowledge- za n30. In printed publication, and in connection with any ment of sourcean f T communications to the public, of any identifiable expression nt o e of folklore its source shall be indicated in an appropriate rnme manner, by mentioning the community and geographic place ov G from where the expression utilised has been derived and the 250 provisions shall not apply to utilisation referred to in section ©2 29(c) and (d). [s. 27] 189 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Authorisation 31.–(1) Application for individual or blanket authorisation of any utilisation or expression of folklore subject to authorisation under this Act shall be made in writing to the competent authority. . (2) Where the competent authority grants authorisation, AG O it may fix the amount of any collection fees corresponding f n o to a tariff approved by the supervisory authority, and tihsse io fees collected shall be used for the purpose of promotipne rgm or safeguarding national culture. t ou (3) Appeals against the decisions of the competenti tah w uthority d shall be by the person applying for the authobrui tseation or the representative of the interested community iastnr i d d shall be with the supervisory authority. or ce d du [s. 28] pro Competent 32.–(1) For purposes of this Acbet ,r ethe expression “competent authorities Cap. 204 authority” means The Nati y moanal Arts Council of Tanzania established under section o3o ko f the National Arts Council Act. (2) For the purpose hoisf b this Act, the expression “supervisory t authority” means th eo f rt Minister. o p a [s. 29] N d. Interpretation 33.–(1) Theer vp erovisions of the folklore under this Act shall in no way be s sin r eterpreted so as to hinder the normal use, maintaining and d t rige hvelopment of the expressions. A(ll. 2) The provisions of this part of the Act shall in no way anz liaimit or prejudice any protection applicable to expressions of n Ta folklore under other Parts of this Act, or the laws protecting f nt o industrial property, or any other law or international treaty to e rnm which Tanzania is a party, nor shall it in any way prejudice veo other forms of protection provided for the safeguard and 5 G 02 preservation of folklore. ©2 [s. 30] 190 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] PART IV PROTECTION OF PERFORMERS, PRODUCERS OF SOUND RECORDINGS AND BROADCASTING ORGANISATIONS G. f O A Acts requiring 34.–(1) Subject to the provisions of section 5 of this Act o authorisation of si ,o n s performers a performer shall have the exclusive right to carry out orm ito authorise any of the following acts- er t p (a) the broadcasting or other communication to t oeuith public of his performance, except where the broad e dwcasting or the other communication- ut trib (i) is made from a fixation of the pdeisr rformance, other than a fixation made under o ed the terms of section 5 of this Act or other uc owd ise made without the r authorisation of the p rer pformer; or (ii) is a rebroadcastin e ayg b made or authorised by the organisation inikt imally broadcasting the performance; o (b) the fixation of hiss b u onfixed performance; (c) the direct or inthdiof irect reproduction of a fixation of his performancaret p , in any manner or form; (d) the firs o . tN making available to the public of a fixation of hrivse dperformance, or copies thereof, through sale or o rteh seer transfer of ownership; (ei)g h tsrental to the public or public lending of a fixation of ll r A his performance, or copies thereof, irrespective of the ia. an ownership of the copy rented or lent; or z Tan (f) the making available to the public of his fixed f t o performance, by wire or wireless means, in a way that n nm e members of the public may access them from a place or r ov e at a time individually chosen by them. 5 G2 (2) Once the performer has authorised the incorporation of 20© his performance in an audio-visual fixation, the provisions of subsection (1) shall have no further application. (3) Independently of the performer’s economic rights, and even after the transfer of those rights, the performer shall, as regards to his live aural performances and performances fixed 191 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] 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. G OA (4) This section shall not be construed to deprive performers f n o of the right to agree by contracts on terms and conditions mo io isrse favourable for them in respect of their performances. ermp (5) The rights under this section shall be protected uunt o til the end of the fiftieth calendar year following the yeari th w in which d the performance was fixed in phonogram, or inb ut thee absence of a fixation, from the end of the year in whichdi st trhi e performance took place. d o r ce du [s. 31] pro Acts requiring 35.–(1) Subject to the provision e bes r of section 5 of this Act, a authorisation of producers of producer of a sound recordinmga ys hall have the exclusive right to sound recordings carry out or to authorise anky oo of the following acts- (a) direct or indirecits bh reproduction of the sound recording, t in any mannrte or f or form; (b) the makin pgao available to the public by sale or other transfer. Nd of ownership, of the original or copies of the sousenr vde recording that have not already been subject to a d riets stribution authorised by the producer; (lc h ri)g rental to the public or public lending of a copy of the A l ia. sound recording, irrespective of the ownership of the anz copy rented or lent; or n f T a (d) the making available to the public of the sound nt o e recording, by way of wireless means, in a way that rnme members of the public may access it from a place or at Gov time individually chosen by them. 02 5 (2) The rights under subsection (1) of this section shall ©2 be protected from the publication of the sound recording until the end of the fiftieth calendar year following the year of publication or, where 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. [s. 32] 192 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Equitable 36.–(1) Where a sound recording published for commercial remuneration for use of sound purposes, or a reproduction of the sound recording, is used recordings directly for broadcasting or other communication to the public, or is publicly performed, a single equitable remuneration for . the performer or performers and the producer of the sound OAG recording shall be paid by the user to the producer. of n (2) Unless otherwise agreed between the performers and tihsse io producer, half of the amount received by the producer upen rmder subsection (1) shall be paid by the producer to the peruft o ormer or performers. ith d w (3) The right to an equitable remuneratiboun te under this section shall subsist from the date of publicdaitsi troi n of the sound recording until the end of the fiftieth calde on r dar year following the year of publication or, where thdue c esound recording has not been published, from the dateep roof fixation of the sound recording until the end of the fi bfte ireth calendar year following the year of fixation. ay m (4) For the purpose obfo otkhis section, sound recordings that have been made avai is lthable to the public by wire or wireless means in a way thart o m f embers of the public may access them from a place ando pa at a time individually chosen by them shall be considere . edd a Ns if they have been published for commercial purposes. rv res e hts [s. 33] g All r i Acts requiring 3ia7. .–(1) Subject to the provisions of section 5, a broadcasting authorisation n of broadcasting za organisation shall have the exclusive right to carry out or to n organisation a of sT authorise any of the following acts- nt (a) the rebroadcasting of its broadcast; rnm e e (b) the communication to the public of its broadcast; ov G (c) the fixation of its broadcast; or 5 02 (d) the reproduction of a fixation of its broadcast. ©2 (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. [s. 34] 193 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Limitations on 38. Sections 34, 35, 36 and 37 shall not apply where the acts protection referred to in those sections are related to- (a) using short excerpts for reporting current events to the extent justified by the purpose of providing current information; AG. O (b) reproduction solely for scientific research; of n (c) reproduction solely for the purpose of face to faiscse io teaching activities, except for performances r p e amnd phonograms which have been published as teaocuh t ing or instructional materials; or ith d w (d) cases where, under Part II of this Act, bau t ework can be used without the authorisation of the ri dis t author or other owner of copyright. r ed o ucd [s. 35] ro ep PAR r y Tbe V SANk mC aTIONS bo o Civil remedies 39.–(1) A person whof sthe is rights under this Act are in imminent danger of being infarrti no ged or have been infringed, may institute proceedings in Ntoh pe United Republic for- (a) an in d vjeun. ction to prevent the infringement or to prohibit thee crres ontinuation of the infringement; or (b) htsp ayment of damages suffered in consequence of g All r i the infringement, including any profits enjoyed by . nia the infringing person that are attributable to the za an infringement, and where the infringement is found to f T t o have been prejudicious to the reputation of the person enm whose rights were infringed, the court may, at its ve rn discretion, award exemplary damages. 5 G o (2) An object which was made in violation of this Act and 02 ©2 any receipts of the person violating it and resulting from such violations, shall be subject to seizure. [s. 36] 194 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Action for 40.–(1) As against a person who infringes a copyright or any injunction and damages 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 that repetition of the acts . of infringement was intentional or the result of negligence: OAG Provided that, in lieu of damages, the injured party may of n recover the profits derived by the infringer from the acts io isosf infringement together with a detailed accounting reflepec rtming profits. ut o (2) Authors, persons having rights in scientifi th wci editions, d photographers and performers may, where the inbfur tiengement was intentional or the result of negligence, recovetrr,idis as justice may require, a monetary indemnity for the injuryo cr d aused to them even if no pecuniary loss has occurred, and thucised right is not assignable unless it has been acknowledged by copre notract or unless legal action asserting the right has previously bbee ren commenced. (3) Rights arising from o mth ayer legal provisions shall not be affected. ok s b o thi [s. 37] rt o f Right of 41.–(1) The injou pr aed party may require the destruction of destruction and similar measures copies that hadv. Ne been unlawfully manufactured or unlawfully distributede rs over which are intended for unlawful distribution. (2) tsTh r e e injured party may further require that, the equipigmhl r ent such as moulds, plates, engraving stones, blocks, Al sat.e i ncils and negatives which were destined exclusively for the anz unlawful production of copies be rendered unusable, or if this an f T is not practicable, destroyed. nt o e (3) Where the appearance of the copies or the equipment ern m causing the infringement can be modified in some other v G o fashion so that, the work no longer constitutes an infringement 250 of the rights of the injured party, in that case, the injured party ©2 may only require that such measures be undertaken as to achieve this effect. 195 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (4) The measures proposed in subsections (1) to (3) of this section shall apply only to copies and equipment which are the result of unlawful making or distribution of the copies, or their heirs, these measures may be executed only after ownership . has been legally confirmed. OAG [s. 38] n o f sios Right of delivery 42. The injured party may require that, the copies i eramnd equipment be delivered to him, in whole or in part p o,u t for an equitable price which shall not exceed the producti wointh cost. d ibu te [s. 39] str Responsibility 43. Where a right protected under this Acotr h dias been infringed of proprietor of enterprise by an employee or agent of an enterpricseed in the course of his duties to the enterprise, the injured ropda urty may also assert the rights provided in sections 40 and r4epe 1, with the exception of the right to damages, as against th aye bproprietor of such enterprise, and, further claims which mka mo y arise from other legal provisions shall not be affected. bo is of th [s. 40] artp Exceptions 44. Where, in . tNh o e event of infringement of a right protected under this d rvAe ct, the demands of the injured party for any injunctio ren se under section 40 for destruction or rendering the worki guh tns usable under section 41 or for delivery under section 42A lal r . re asserted against a person whose acts of infringement nwiaa ere neither intentional nor negligent, the person may simply z Tan indemnify in money to the injured party if execution of the f t o aforesaid demands would produce for him a serious and en nm disproportionate injury and where it may be assumed that the er ov injured party could accept redress in cash, and, the damages 5 G2 payable as aforesaid shall be such an amount as would have 0 ©2 constituted an equitable remuneration had the right been granted by contract, payment of damages shall constitute the injured party’s consent to a utilisation within customary limits. [s. 41] 196 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Offences and legal 45.–(1) Without prejudice to the remedies available under sanctions Act No. section 39, any person who knowingly violates, or causes to be 9 of 2019 s. 15 violated, the rights protected under this Act shall be liable to- (a) in case of the first offence in commercial basis, a fine . of not less than twenty million shillings or thirty per AG O centum of the value of the pirated copyrights material, of n whichever is higher or to imprisonment for a term isosf io not less than six months but not exceeding three yeermp ars, or to both; and ut o (b) in case of each subsequent offence in coit w mh mercial d basis, a fine of not less than thirty millioutb ne shillings or fifty per centum of the value of the dpis tirri ated copyright material, whichever is higher or tod o i rm prisonment for a term of not less than twelve m c douneths but not exceeding five years or to both, in addepi rtoion, the court may order compensation to the righ bte rholder. . Cap. 172 (2) In addition to the pu y mn aishment under subsection (1), where the offender is a ok bloegal person regulated by Tanzania Communications Re gthu islatory Authority, the person may be subjected to srut os fpension in accordance with Tanzania Communicationos p R a egulatory Authority Act. (3) A perds. N e on who, without the authorisation of the competen r ste avuthority referred to in subsection (1) of section e 31, of r httsh is Act imports or distributes copies of expressions of fllo ril gklore derived from Tanzania or copies of translations, aad. A i aptations, arrangement or other transformations of such an nz expressions of folklore, made abroad without the authorisation Ta of of the said authority, is guilty of an offence and liable to a fine nt e not exceeding ten million shillings or imprisonment for a term ern m not exceeding ten years. Gov (4) A person who wilfully or negligently does not comply 25 20 with the provisions of section 29 of this Act commits an offence © and on conviction, shall be liable to a fine not exceeding three million shillings or imprisonment for a term not exceeding one year. 197 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (5) A person who, without the authorisation of the competent authority referred to in subsection (1) of section 31of this Act willfully or negligently utilises an expression of folklore in violation of the provisions of section 27 of this Act . commits an offence and on conviction, shall be liable to a fine G OA not exceeding five million shillings or to imprisonment for a f n o term not exceeding three years. iss io (6) A person wilfully deceiving others in respect oef rmp the source of artfacts or subject matters of performaonu tc es or recitations made available to the public by him in anwyith direct or d indirect manners, presenting such artfacts or sbuu tebject matters as expressions folklore of a certain commudnis tirti y, from where, in fact, they have not been derived commdi ot rs an offence and on conviction, shall be liable to a fine not ceedu xceeding five million shillings or to imprisonment for a r ep t oerm not exceeding three years. e r b (7) A person who public mly a yuses, in any direct or indirect manner expressions of folokol k b ore wilfully distorting the same in a way prejudicial to t th ies cultural interests of the community concerned commits ofan offence and on conviction, shall be liable to a fine o pfa rt o not exceeding five million shillings or to imprisonmenedt . fNor a term not exceeding three years. (8) A sepr verson who gives authorisation on behalf of performs er e ht rs without being a duly appointed representative, or anyll pri gerson who knowingly proceeds under such an unlawful aiau. Athorisation commits an offence and on conviction, shall za n n be liable to a fine of not exceeding five million shillings or to of Ta imprisonment for a term not exceeding three years. nt e (9) A person omitting the application of the notice of the rnme protection of phonograms prescribed in section 36 to copies of Gov a published phonogram reproduced by him or to the containers 5 20 2 of such copies commits an offence and on conviction, shall © be liable to a fine not exceeding five million shillings and to imprisonment for a term not exceeding three years. 198 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (10) For any other criminal offence under copyright infringement, on conviction shall be liable to- (a) a fine of not more than four million shillings or to imprisonment of up to three years for the first offence; or . (b) a fine of not more than eight million shillings or to OAG imprisonment of up to two years for each subsequent of ion offence. iss [ rm pse. 42] t ou Compounding of 46.–(1) Notwithstanding the provisions of this A wci tth relating offences Acts Nos. to penalties, where a person admits in wruitei dng that he 9 of 2019 s. 16 has committed an offence under this Acts,t r ibthe Copyright 5 of 2022 s. 22 i Administrator or a person authorised by hor idm in writing may, at any time prior to the commencemenucte o d f the proceedings by a court of competent jurisdiction, coprmo dpound such offence and order such person to pay- e be r (a) the sum of money togmet ahy er with all reasonable expenses Copyright Office oo ofk Tanzania may have incurred in connection with b his t he offence; and t (b) all fees and rc ho f t a rges which would have been due where the actiono ph aad been authorised under this Act. (2) Where N d .a n offence is compounded in accordance with subsection e se r( v1) and criminal proceedings are brought against the offen rets der for the same offence, it shall be a good defence for h l trihge offender to prove to the satisfaction of the Court Al tiah. at the offence with which the offender is charged has been n za compounded under subsection (1). an f T (3) Where a person fails to comply with the order issued t o en under this section within the prescribed period, the Copyright m ern Administrator- Gov (a) shall, in addition to sum ordered, require the person to 250 pay an interest at the rate prescribed in the regulations; ©2 and (b) may enforce the order in the same manner as a decree of a court for the payment of the amount stated in the notification. 199 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (4) Where an offence is compounded under this section, the payment of sum of money shall not exceed twenty million shillings. [s. 42A] AG. Conservatory 47.–(1) The court having jurisdiction of a civil or criminal of O and provisional measures action arising under this Act, Criminal Procedure Act ossri o n Cap. 20 Civil Procedure Code shall have the authority, subject to i er mthe Cap. 33 relevant provisions of the Act and on terms as it ma t p ouy deem reasonable to- with (a) grant injunctions to prohibit the coumte dmitting, or continuation of committing, of infrisintr ibgement of any right protected under this Act; or r d o (b) order the impounding of copuicees d of works or sound recordings suspected of bperoi dng made or imported without the authorisation e be r of the owner of any right protected under thisa y m Act, where the making or importation of co opoi kes is subject to an authorisation, as well as the hiims bpounding of the packaging of, the t implementsr tt ohf at could be used for the making of, and the docum pao ents, accounts or business papers referring to, thed c. Nopies. Cap. 33 (2) Thee rs pverovisions of the Civil Procedure Code and the Cap. 20 Crimintsa rl e Procedure Act dealing with search and seizure shall appl yrig hto infringements of rights under this Act. Cap. 399 . A ll ia (3) The provisions of the Tanzania Revenue Authority Act anz dealing with suspension of the release of suspected illegal n f T a goods shall apply to articles and implements protected under t o en this Act. m ern (4) For the purpose of this Act subsection (2) of section 173 GoCv ap. 20 of the Criminal Procedure Act shall not be applicable. 250 [s. 43] ©2 200 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] PART VI MEASURES, REMEDIES AND SANCTIONS AGAINST ABUSES IN RESPECT OF TECHNICAL MEANS OF PROTECTION AND RIGHTS G. MANAGEMENT INFORMATION f O A o ion Infringements of 48.–(1) The following acts shall be considered unlawful anissd technical means rm of protection assimilated to infringements of the rights protected undt epr e this u and rights Act- tho management i information (a) the manufacture or importation for salete do wr rental of any device or means specifically designtreibd u or adapted to circumvent any device or means inter dn isded to prevent or restrict reproduction of a work, cae ds oound recording or a broadcast, or to impair the quroad ulity of copies made; (b) the manufacture or impo ret pation for sale or rental of e any device or means atyh bat is susceptible to enable or assist the receptiono ok f m an encrypted program, which is broadcast or othis ebr owise communicated to the public, including by sfa tho tellite, by those who are not entitled to receive th ep ap rtrogram; (c) the remo . Noval or alteration of any electronic rights manrvaeg dement information without authority; and (d) these re distribution, import for distribution, broadcasting, ts igh communication to the public or making available to ll r . A the public, without authority, of works, performances, niaa sound recordings or broadcasts, knowing or having z Tan reason to know that electronic rights management of nt information has been removed or altered without e nm authority. er ov (2) An illicit device and means mentioned in paragraph (a) G 25 of subsection (1) and any copy from which rights management 0 ©2 information has been removed, or in which information has been altered, shall be assimilated to infringing copies of works, and any illicit act referred to in subsection (1) of this 201 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] section shall be treated as an infringement of copyright or neighbouring rights to which the civil remedies and criminal sanctions are applicable. [s. 44] AG. Regulations 49. The Minister may make regulations prescribing matters as O of are required or permitted by this Act to be prescribed or as arseios n necessary or convenient to be prescribed for carrying oeurtm ior giving effect to the provisions of this Act. ut p ith o Administration 50. There is hereby established an organisation tote bd ew known as of copyright and neighbouring the Copyright Office of United Republic in thi u ist srib Act referred to rights as the “Office” which shall- r d Act No. o 5 of 2022 ss. 22 (a) be a body corporate having perpcedt ual succession and a and 24 common seal; u rod (b) under that name be capab p e r ele of suing and being sued and of purchasing or oatyh berwise acquiring, holding and alienating movable ok rmo immovable property; and (c) subject to the ps rb o i ovisions of this Act be capable of doing or perfof th o rming all such acts or things as bodies corporate mar t p ay by law do or perform. o d. N [s. 46] erv e Functions of 51. The frue snctions of the Copyright Office shall be to - Office Acts Nos. (ai)g h tspromote and protect the interest of holders of copyright r 9 of 2019 s. 17 ll A and neighbouring rights in the administration of 5 of 2022 s. 25 ia. an copyright; z Tan (b) maintain registers of works, productions and of t associations of authors, performers, translators, n nm e producers of sound recordings, broadcasters and ve r o publishers; G 25 (c) search for, identify and publish the rights of owners; ©20 (d) collect and distribute royalties in respect of copyright works or performers rights in areas where collective management organisations do not operate; 202 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (e) print, publish, issue or circulate any information, report, periodical, books, pamphlet, leaflet or any other material relating to copyright and rights of performers, producers of sound recordings and broadcasters; . (f) supervise and issue licences to the collective AG O management organisations to administer the rights of of n their members; siois (g) give assistance in establishing a collecting organisaerp tmion for any class of copyright owners; ut o (h) deal with issues of anti-piracy; and th d w i (i) advise the Minister on all matters relatinbgu t eto copyright. i dis tr [s. 47] or Fees, royalties, 52. For the better performance of its funceduc tions, the Office shall, etc. Act No. subject to this Act, have power- pro d 5 of 2022 s. 26 (a) to approve the minimum r be raetes of royalties to be levied in respect of uses to bmea ym ade of works licensed by it; (b) to levy fees upon liocoe k nsing works and associations; (c) to acquire, hire asn bhi d dispose of property; t (d) to borrow m rt o fney whether by way of loan, overdraft or otherwiseo po an the security of its assets; (e) to acced.p Nt and administer any trusts or donations; (f) to jorviese n regional and international associations having tss ir emilar objectives and functions; (lg h ri)g to perform other functions as may be assigned to it by Al ia. the Board; and za n (h) to train and sensitise its members, institutions and Tan f other members of the public on copyright matters. t o en [s. 48] ern m oImv position of 53.–(1) There is imposed a copyright levy at a rate of 1.5 percent 5 Gcopyright levy 02 Acts Nos. to be charged on the value of radio/TV set enabling recording, ©2 5 of 2022 s. 27 analogue audio recorders, analogue video recorders, CD/DVD 7 of 2023 s. 4 copier, digital jukebox Vinyl, Mini Disc, Compact Disc (CD), Digital Versatile Disk (DVD), SD Memory and MP 3 player. 203 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (2) The Minister shall, upon consultation with the Minister responsible for finance, make regulations prescribing the manner and modality under which the levy shall be collected and accounted for. [s. 48A] AG. of O n Funds of Office 54. The funds of the Office shall consist of- sio Act No. s 5 of 2022 s. 22 (a) fees payable under the Act; i pe rm (b) grants and bequests; and uto (c) other moneys or assets as may vest in or accirth w ue to the office, including government subsidy wuhtee dther in the course of its functions or otherwise. ib dis tr or [s. 49] ce d u Office’s accounts 55.–(1) The Office shall- rod and records Act No. (a) keep proper accounts and p e o r ether records relating thereto 5 of 2022 s. 22 in respect of its funds; b aaynd (b) publish and furnisho kt mo the Board annually, or as often as the Board masy bi odirect audited accounts and balance sheets and es toif mth ates of income and expenditure for the t following fipan r ancial year. (2) The acc o do. Nunts shall be examined and audited annually by auditors apeprvo e inted by the Office and approved by the Board. (3) Ths r ees financial year of the Office shall be a period of twelve cale nrigd hat r months beginning on 1st July, every year and ending on. A 3 ll 0th June the following year. nia za [s. 50] Tan Office’s f t o 56.–(1) The composition, proceedings and other matters of composeintion Act Nnmo. the Office shall be in accordance with the provisions of the r o5v o ef 2022 s. 22 Schedule. 5 G2 (2) The Minister may in consultation with the relevant 0 ©2 Ministry, Department or Institution appoint from among citizens of Tanzania, persons qualified and knowledgeable in matters relating to copyrights and neighbouring rights to be members of the Board of the Office. 204 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (3) The Minister may, by order published in the Gazette, amend the Schedule. [s. 51] . PART VII G O A COLLECTIVE MANAGEMENT OF COPYRIGHT f ion o iss Licensing 57.–(1) A collective management organisation sha lple rmnot of collective management operate in Tanzania without a licence issued by the O ut thffio ce. organisations (2) The Office shall not licence a collective m wainagement Act No. d 5 of 2022 s. 28 organisation in respect of the same bundle te i buof rights and r category of works if there exists another org daisn t isation that has already been licensed under this Act. or ed (3) A person who operates as ad uc collecting organisation o without a licence commits an offen r repce and on conviction, shall be liable to a fine of not less thya bn e ten million shillings but not exceeding twenty million shk imll aings. oo b [s. 52A] is th Function of 58. The functions ort fo fthe collective management organisation collective pa management shall be to- No Act No. (a) prom . eodte and encourage creativity in the artistic, literary 5 of 2022 s. 28 ande rsvs cientific fields in Tanzania; (b) tsp r e h romote and carry out public awareness on copyright ig All r and neighbouring rights; a. i (c) pay the royalties to its members who are the appropriate za n n beneficiaries; a of T (d) charge fees as approved by the Office to the users of t en copyright and neighbouring rights; rnme (e) enter into reciprocal agreements with foreign societies v G o or other bodies of authors or neighbouring rights 02 5 2 owners, in collaboration with the relevant authorities, © in respect of their members’ works; (f) foster harmony and understanding between its members with the users of their works for the purpose of protecting their economic rights; 205 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] (g) provide its members or other persons in need of it, with information on all matters relating to copyright and neighbouring rights and to give advice and keep its members informed about their rights and interests; . (h) act as an agent for its members in relation to their G OA copyright and neighbouring rights interests; and of n (i) do any act necessary in relation to the copyright anissd io neighbouring rights and interests of its members. ermp o[us t . 52B] ith w Conditions 59.The Office shall licence a collective temd anagement for issuance of u licence organisation where- tribis Act No. (a) it is satisfied that the collective manag d ore ment organisation 5 of 2022 s. 28 is capable of promoting its me d umcebers’ interests and of discharging its functions andpr oo dbjectives; (b) it consists of at least thirt r bye me embers; and Cap. 212 (c) the organisation is inmcoayrporated under the Companies Act. ok bo his [s. 52C] f t t o Submission of 60.–(1) A collect ipva re management organisation shall, as soon financial year report to Office as reasonablyd .p o Nracticable after the end of each financial year, Act No. submit to thrvee Office- 5 of 2022 s. 28 e e Cap. 212 (a) sa r r seport of its operations during that year; and (b) ht rig a copy of its audited accounts in respect of that year. . A( ll2) This section shall apply without prejudice to the za noiabligations of a collective management organisation under the n Ta provisions of the Companies Act or any other written law. t o f [s. 53D] men ern oImv munity 61. A matter or thing done by any member of the Board or 5 GAct No. 02 5 of 2022 s. 28 an employee of the Office shall not, if done bonafide in the ©2 execution or purported execution of the functions conferred upon that member or employee by this Act, render the member or employee personally liable for that matter or thing. [s. 54E] 206 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] Appeal 62.–(1) A person who is aggrieved by any decision or act of the Act No. 5 of 2022 s. 28 collective management organisation may, within thirty days from the date of the decision or act, appeal to the Office. (2) A person aggrieved by the act or any decision made by . the Office may, within thirty days from the date of the decision, AG O appeal to the Minister. f ion o [s. 54iFss] erm Collective 63. The Minister may, for the purpose of this Partu,t p o make management organisation regulations prescribing- th w i regulations (a) procedure for application, issuance and cuaten d cellation of Act No. 5 of 2022 s. 28 licence; and rib ist (b) procedure to be complied by col loer cdtive management organisations in making rulecsedu for collection and distribution of royalties. rod re p be [s. 54G] may PoA okRT VIII b TRANSIthTis I ONAL PROVISIONS rt o f a Repeal 64.–(1) [Repealso tphe Copyright Act.] Act No. (2) Rights d. N 61 of 1966 e governed by this Act shall not be recognised under comsemr v on law. re hts [s. 52] g ll r i Transitional 6ia5. A. The provisions of this Act which apply to works, provision za nperformances, phonograms and broadcasts existing before the Tan f date of the coming into effect of this Act, provided that the o en t term of protection had not expired under the former legislation ern m or under the legislation of the country of origin of the works, v G o performances, phonograms or broadcasts that are to be 02 5 protected under an international treaty to which Tanzania is ©2 party, shall not affect contracts on works, performances, sound recordings and broadcasts concluded before the entering into force of this Act. [s. 53] 207 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] SCHEDULE (Made under section 56(1)) CONSTITUTION, PROCEEDINGS AND OTHER MATTERS OF THE OFFICE1 . OAG Act No. 1.–(1) Subject to paragraph (3) the Office shall consist of the following ofn 5 of 2022 s. 22 Board members appointed by the Minister each of whom representinsgios GN. No. the following- mi 343 of 2021 r (a) The Office of the Attorney General; t p e (b) The Ministry responsible for copyright matters; u tho (c) The Ministry responsible for finance an wd i planning (experienced with accounting and auditing) d u; te (d) The National Arts Council; tribs (e) Two accredited stakeholders from Federr adti ion or Associations; (f) the Tanzania Authors’ Association; d oe (g) the Tanzania Broadcasting Comdmu cission; and (h) the Customs Department; pro (2) One third of the ex officio mem bree ers shall be removed from their position after every two years and arye pblaced by the private stake holders. (3) A member of the Officek, mnot being an ex officio member, shall hold office for three years. oob (4) The Minister may ta hpispoint other persons not exceeding three in number, as he consider so ft s uitably qualified to assist the Office in its work and deliberations an r pda such persons shall not have the right to vote at meetings of the O Nffi o ce. (5) Upon th . vee d appointment to the Office of any member, the Minister shall cause n r seotice of the appointment to be published in the Gazette and the noti e tcse r shall specify the current membership of the society resulting uponr isguh ch appointment. A(ll 6 ) Members of the Office shall not, by virtue only of their naiap .pointment to the Office, be deemed to be officers in the public service. zan 2.–(1) The Minister may require a member of the Board to vacate his f T a office if the Minister is satisfied that the member- t on (a) has become insolvent or bankrupt; me (b) has been absent from three consecutive meetings of the ernv Office, of which he has had notice, without the leave of the G o Chairman of the Office; 250 (c) has been convicted of an offence under this Act; ©2 (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 a 1 Act No. 5 of 2022 s. 22 208 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] criminal offence, and sentenced to imprisonment for a term of six months or more without the option of a fine, whether or not the 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 Office. AG (2) The Minister may suspend from office a member of the Board of O against whom criminal proceedings have been instituted for an offence io n in respect of which a sentence of imprisonment for a term of six montishss or more without the option of a fine may be imposed. pe rm (3) A member of the Board may resign his office by givionug t notice in writing addressed to the Minister and from the date of r th weiceipt of the notice by the Minister, he shall cease to be a member. d e 3.–(1) On vacation of office by a member of the Boibaur td, the vacancy shall be filled by a person appointed in accordan tr dcise with paragraph 1 under which the former member was appointed o:r Provided that, where the remaining perioedduc is less than six months the Minister may decide not to have the vroadcancy filled until the expiry of the period. rep (2) Where any member of the Bo baerd is granted leave of absence by the Board, the Board may, where mit a syees fit, co-opt a person who belongs to the same profession or callinoko g as the member who has been granted leave to fill the vacancy dur his i nbg the absence of the member. 4. The Board may in its dfi tscretion at any time and for any length of time invite any person, anadrt othe Minister may in the like manner nominate any officer in the pou bp lic service, to attend any meeting of the Board and take part in thed . dNeliberations of the Board, but the person or officer shall not be eernv etitled to vote at that meeting. 5.–(1) Th ere sChairman of the Board shall be appointed by the Minister from amhtsongst persons who are- g ll r i (a) knowledgeable; A a. (b) with provable experience in business administration; and an i (c) have experience on copyright and neighbouring rights. z an (2) The Board shall elect a Vice-Chairman from amongst its of T members, and the Vice-chairman shall, subject to subparagraph (3), nte hold office for the duration of his membership in the Board. rnm (3) The office of the Vice-Chairman shall become vacant where- ov e (a) the holder resigns his office by notice in writing to the office; 25 G (b) the holder of the office ceases to be a member of the Board; 20 or © (c) the Board 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. 209 THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023] 6.–(1) Subject to subparagraph (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 Chairman and the Vice-Chairman, . the members present and forming the quorum shall elect one AG of their number to preside; and f Oo (c) the quorum shall be formed by any six members. n io (3) At any meeting the decision of the Board on any matter shall isbse that of the majority of the members present and voting at that mpee rtming, and in the event of any equality of votes, the chairman of theo um t eeting shall have a casting vote in addition to his deliberative vote. ith (4) Subject to this Act, the Board may make standing do wte rders for the regulation of its proceedings and business and mayi bvuary, suspend or revoke any standing orders. tr dis 7. Members of the Board shall be paid from tohre funds of the Office such allowances as the Minister may determuicn eed and in determining the allowances the Minister may make provriosdion for the reimbursement of any reasonable expenses incurred rbe py a member of the Board in connection with the business of the Bbeoard. 8.–(1) Subject to this paragraph, mtha ye Board- (a) shall appoint a Copoky right Administrator upon terms and conditions as maisy b boe approved by the Minister; (b) may appoint of tthh er staff as it considers necessary or desirable in the discahrat orge of its duties and upon terms and conditions as it mayo pdetermine. (2) The Cod.p Nyright Administrator after consultation with the Chairman o e efr vthe Board may appoint temporary employees at such daily rate sre o s f pay, not below the minimum rates otherwise prescribed by writhttesn law, as he may consider appropriate and shall, after he has app ig lol rinted any such employee, report the fact thereof to the Board at its nae. x At meeting. an i (3) The Copyright Administrator shall be the Secretary to the Board. z an (4) Subject to any general or special directions of the Board, the of T Copyright Administrator shall be the chief executive officer of the Board en t and responsible to the Board for the administration and management rnm of its affairs, including the supervisions of other staff of the office. ve Go 5 20 2 © 210