The Copyright and Neighbouring Rights Act

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CHAPTER 218
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Objectives.
3. Application.
4. Interpretation.
part ii
COPYRIGHT
5. Works in which copyright may subsist.
6. Derivative works.
7. Subject matter not protected.
8. Substance of copyright.
9. Economic rights.
10. Right of distribution.
11. Moral rights.
12. Free use.
13. Limitations for accessible format copies.
14. Conditions for import or export of accessible format copies.
15. Temporary reproduction.
16. Duration of author’s right.
17. Ownership of copyright.
18. Requirement for authorisation.
19. Assignment of author’s rights.
20. Licences.
21. Transfer of rights.
22. Disproportionate remuneration.
23. Non-exercise of exclusive rights.
24. Contract of future grant.
25. General rules of contracts.
26. Contracts for commissioned works.

emuneration.
23. Non-exercise of exclusive rights.
24. Contract of future grant.
25. General rules of contracts.
26. Contracts for commissioned works.

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166
part iii
PROTECTION OF EXPRESSION OF FOLKLORE
AGAINST ILLICIT EXPLOITATION
27. Protected expression of folklore. 28. Utilisation subject to authorisation. 29. Exceptions. 30. Acknowledgement of source. 31. Authorisation. 32. Competent authorities. 33. Interpretation. part iv
PROTECTION OF PERFORMERS, PRODUCERS OF SOUND
RECORDINGS AND BROADCASTING ORGANISATIONS
34. Acts requiring authorisation of performers. 35. Acts requiring authorisation of producers of sound recordings. 36. Equitable remuneration for use of sound recordings. 37. Acts requiring authorisation of broadcasting organisations. 38. Limitations on protection. part v
SANCTIONS
39. Civil remedies. 40. Action for injunction and damages. 41. Right of destruction and similar measures. 42. Right of delivery. 43. Responsibility of proprietor of enterprise. 44. Exceptions. 45. Offences and legal sanctions. 46. Compounding of offences. 47. Conservatory and provisional measures.

of proprietor of enterprise. 44. Exceptions. 45. Offences and legal sanctions. 46. Compounding of offences. 47. Conservatory and provisional measures.

part vi
MEASURES, REMEDIES AND SANCTIONS AGAINST ABUSES
IN RESPECT OF TECHNICAL MEANS OF PROTECTION
AND RIGHTS MANAGEMENT INFORMATION
48. Infringements of technical means of protection and rights
management information. 49. Regulations.

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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.
55. Office’s accounts and records.
56. Office’s composition.
part vii
COLLECTIVE MANAGEMENT OF COPYRIGHT
57. Licensing of collective management organisations.
58. Function of collective management.
59. Conditions for issuance of licence.
60. Submission of financial year report to Office.
61. Immunity.
62. Appeal.
63. Collective management organisation regulations.
part viii
TRANSITIONAL PROVISIONS
64. Repeal.
65. Transitional provision.
SCHEDULE

ty.
62. Appeal.
63. Collective management organisation regulations.
part viii
TRANSITIONAL PROVISIONS
64. Repeal.
65. Transitional provision.
SCHEDULE

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CHAPTER 218
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT
An Act to make better provision for protection of copyright and neighboring
rights in literary, artistic works and folklore, and for related matters. [31st December, 1999]
[GN. No. 452 of 1999]
PART I
PRELIMINARY PROVISIONS
1.–(1) This Act may be cited as the Copyright and Neighbouring
Rights Act. (2) [Omitted.]
2.

1999]
[GN. No. 452 of 1999]
PART I
PRELIMINARY PROVISIONS
1.–(1) This Act may be cited as the Copyright and Neighbouring
Rights Act. (2) [Omitted.]
2.

In order to promote the creation of literary and artistic
works, safeguard expressions of traditional culture and further
productive activities in the field of communicating to the
public authors’ works, expression of folklore, other cultural
productions and events of general interests, this Act-
(a) protects the moral and economic interests of authors
relating to the works, by recognising exclusive authors’
rights and providing for just and reasonable conditions
of lawful use of authors’ work and regulated access to
them;
(b) provides for the protection of expressions of folklore by
rendering certain uses thereof subject to authorisation
and determining offences against lawful interests
relating to their integrity; and
Short title
Objectives
Acts Nos. 7 of 1999
9 of 2019
1 of 2022
5 of 2022
7 of 2023
GN. Nos. 343 of 2021
780 of 2021

s
relating to their integrity; and
Short title
Objectives
Acts Nos. 7 of 1999
9 of 2019
1 of 2022
5 of 2022
7 of 2023
GN. Nos. 343 of 2021
780 of 2021

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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. 3.–(1) This Act shall apply to-
(a) works of authors who are nationals of, or have their
habitual residence in Tanzania;
(b) works first published in Tanzania, irrespective of the
nationality or residence of their authors;
(c) audio-visual works, the producer of which has his
headquarters or habitual residence in Tanzania; and
(d) works of architecture erected in Tanzania and other
‘artistic works’ incorporated in a building or other
structure located in Tanzania. (2) In this Act, the expression “the protection of expressions
of folklore” applies to expressions of folklore developed and
maintained in Tanzania.

. (2) In this Act, the expression “the protection of expressions
of folklore” applies to expressions of folklore developed and
maintained in Tanzania.

(3) Protection of performance under this Act is available
where-
(a) the performer is a national of Tanzania;
(b) the performance took place on the territory of Tanzania;
(c) the performance is fixed in a phonogram or in audio-
visual form qualifying for protection under subsection
(4); or
(d) the performance, which has not been fixed in a
phonogram or in audio-visual form, is embodied in a
broadcast qualifying for protection under subsection
(5);
(4) Protection of phonograms under this Act is available
where-
(a) the producer is a national of Tanzania;
(b) the first fixation of the sound was made in Tanzania; or
(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
Application

ania. (5) Protection of broadcasts under this Act is available
where-
(a) the headquarters of the organisation is situated in
Tanzania; or
Application

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170
(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
having their residence in a foreign country, provided
that, the country where the author has his habitual
residence or, in the case of published works, the country
of their first publication, grants similar protection to
nationals or residents of the country of Tanzania for
their unpublished works or to works first published in
Tanzania;
(b) expression of foreign folklore, provided that, the country
of the community from which the expressions have
been derived, grants similar protection to expression
of folklore developed and maintained in Tanzania; and
(c) works, expression of folklore, performances,
phonograms and broadcasts which are to be protected
in Tanzania by virtue of and in accordance with
international conventions to which it is a party. 4.

onograms and broadcasts which are to be protected
in Tanzania by virtue of and in accordance with
international conventions to which it is a party. 4.

In this Act, unless the context otherwise requires-
“accessible format copy” means a copy of a work in an
alternative manner or form which affords a beneficiary
person ease of access to the work feasibly and comfortably,
and includes braille, audio, digital format, large font or
other appropriate technology;
“an audio-visual work” means work that consists of a series
of related images which impart the impression of motion,
with or without accompanying sounds, susceptible of
being made visible and where accompanied by sounds
susceptible of being made audible;
“author” means the natural person who creates the work;
“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
Interpretation
Acts Nos. 9 of 2019 s. 12
1 of 2022 s. 18
5 of 2022 ss. 22
and 23

ing, adaptive
reading or information access to beneficiary persons on
Interpretation
Acts Nos. 9 of 2019 s. 12
1 of 2022 s. 18
5 of 2022 ss. 22
and 23

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THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E.

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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
performance or a sound recording to the public by
wireless transmission, including transmission by satellite;
“beneficiary person” means a person who-
(a) is blind;
(b) has a visual impairment or a perceptual or reading
disability which cannot be improved to give visual
function substantially equivalent to that of a person
who has no such impairment or disability and so is
unable to read printed works to substantially the same
degree as a person without an impairment or disability;
or
(c) is otherwise unable, through physical disability, to hold
or manipulate a book or to focus or move the eyes to the
extent that would be normally acceptable for reading
regardless of any other disabilities;
“communication to the public” means the transmission
by wire, or without wire, of the images or sounds or
both, of a work, a performance, a sound recording or a
broadcast, in such a way, that the images or sounds can
be perceived or accessed by persons outside the normal
circle of a family and its closest social acquaintances at a
place distant from the place where the transmission, the
images or sounds would not be perceivable or accessible
and, further, irrespective of whether the persons can
receive or access the images or sound at the same place
and time, or at different places and or times individually
chosen by them;
“computer” means an electronic or similar device having
information processing capabilities;
“computer program” means a set of instructions expressed
in words, codes, schemes or in any other form, which
is capable when incorporated in a medium that the

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

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2023]
172
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
and which embodies all or a substantial part of the sounds
fixed in that phonogram;
“copyright” means the sole legal right to print, publish,
perform, film or record literary or artistic or musical
work;
“collective management” means the exercise of copyright
and related rights by organisations acting in the interest
and on behalf of the owners of rights;
“collective management organisation” means an organisation
or body exercising copyright or related rights on behalf of
the owners of rights, whose main object is to negotiate
for the collection and distribution of royalties and the
granting of licences in respect of copyright works or
performer’s rights in return of an administrative fee;
“distribution by cable” means the operation by which signals
are guided by wire, beam or other conductor device, to
the public or any section thereof, for reception;
“distribution to the public of the original work or a copy
of a work or a sound recording” refers to any act by
which copies are offered to the general public or any
section thereof, mainly through appropriate commercial
channels;
“expression of folklore” means production consisting
of characteristic elements of the traditional artistic
heritage developed and maintained over generations by
a community or by individuals reflecting the traditional
artistic expectations of their community;
“fixation” means the embodiment of sounds, 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;

ufficiently permanent or stable to permit them to be
perceived, reproduced or otherwise communicated
during a period of more than transitory duration;

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THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E.

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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
other persons who act, sing, deliver, declaim, play in or
otherwise perform literary or artistic works including
expressions of folklore, variety and circus artists;
“phonogram” means any exclusively aural fixation of the
sounds of a performance or of other sounds, or of a
representation of sounds regardless of the method by
which the sounds are fixed on the medium in which the
sounds are embodied, and it does not include a fixation of
sounds and images, such as the sound track of an audio-
visual work;
“producer of phonograms” means the person who, or the
legal entity which first fixes the sounds of a performance
or other sounds;
“public exhibition” means a showing of the original or copy
of the work-
(a) directly;
(b) by means of a film, television images or otherwise on
screen;
(c) by means of any other device or process; or
(d) in the case of an audio-visual work, the showing of
individual images consequentially, at a place or places
where person outside the normal circle of a family and
its closest social acquaintances are or can be present,
irrespective of whether they are or can be present at
the same place and time or at different places and or
times, and where the work can be displayed without
communication to the public;
“public performance” includes-
(a) in the case of a work other than an audio-visual work,
the recitation, playing, dancing, acting or otherwise
performing the work, or the expression of folklore,
either directly or by means of any device or process;

ation, playing, dancing, acting or otherwise
performing the work, or the expression of folklore,
either directly or by means of any device or process;

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2023]
174
(b) in the case of an audio-visual work, the showing of
images in sequence and the making of accompanying
audible sound; and
(c) in the case of a sound recording, making the recording
sounds audible, in each case at a place or places where
persons outside the normal circles of the family and its
closest acquaintances are or can be present, irrespective
of whether they are or can be present at the same place
and time, or at different places and times or both, and
where the performance can be perceived without the
need for communication to the public;
“published” refers to a work or a phonogram, tangible copies
of which have been made available to the public in a
reasonable quantity for sale, rental, public lending or for
other transfer of the ownership or the possession of the
copies, provided that, in the case of a work, the making
available to the public took place with the consent of
the author or other owner of copyright, and in the case
of a phonogram, with the consent of producer of the
phonogram or his successor in title;
“rebroadcasting” means the unchanged broadcasting
organisation of the broadcast of another broadcasting
organisation;
“reproduction” means the making of one or more copies
of a work or of a phonogram in any manner or form,
including any sound or visual recording or any permanent
or temporary storage of the work or phonogram in
electronic form;
“rights management information” is any information
which identifies the author, the work, the performer, the
performance of the performer, the producer of the sound
recording, the broadcast, or the owner of any right under
this Act, or information about the terms and conditions
of use of the work, the performance, the sound recording
or the broadcast, and any numbers or codes that represent
information, when any of these items of information is

the performance, the sound recording
or the broadcast, and any numbers or codes that represent
information, when any of these items of information is

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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;
“video recording” means the embodiment of interrelated
changing images, with or without accompanying sounds,
in some enduring material form permitting them to be
repeatedly perceived, reproduced or communicated to
the public;
“works first published in Tanzania” also means works first
published abroad but thereafter published in Tanzania
within thirty days; and
“works of joint authorship” means works created by two or
more authors in collaboration, in which the individual
contributions are indistinguishable from each other. PART II
COPYRIGHT
5.–(1) Authors of original literary and artistic works shall be
entitled to copyright protection for their works under this Act
by the sole fact of the creation of works.

iginal literary and artistic works shall be
entitled to copyright protection for their works under this Act
by the sole fact of the creation of works.

(2) In this section, literary and artistic works shall include
in particular-
(a) books, pamphlets and other writings, including
computer programs;
(b) lectures, addresses, sermons and other works of the
same nature;
(c) dramatic and dramatic musical works;
(d) musical works (vocal and instrumental), whether or
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;
Works in which
copyright may
subsist

audio-visual works;
(g) works of drawing, painting, architecture, sculpture,
engraving, lithography and tapestry;
Works in which
copyright may
subsist

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176
(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
dimensional works relative to geography, topography,
architecture or science. (3) Works shall be protected irrespective of their form of
expression, their quality and the purpose for which they were
created. 6.–(1) The following shall be protected as original works-
(a) translations, adaptations, arrangements and other
transformation of literary and artistic works;
(b) collections of literary and artistic works, such as
encyclopaedias and anthologies or collections of
expressions of folklore and compilation of data or data
bases which, by reason of selection and arrangement of
their contents constitute intellectual creation; and
(c) works inspired by expression of folklore.

es which, by reason of selection and arrangement of
their contents constitute intellectual creation; and
(c) works inspired by expression of folklore.

(2) The protection of any work referred to in subsection (1)
of this section shall be without prejudice to any protection of a
pre-existing work or expression of folklore utilised for making
of such work. 7. Notwithstanding the provisions of sections 5 and 6,
protection shall not extend to-
(a) laws and decisions of courts and administrative bodies
as well as to official translations thereof;
(b) news of the day published, broadcast or publicly
communicated by any other means; and
(c) an idea, procedure, method of operation, concept,
principle, discovery or mere data, even if expressed,
described, explained, illustrated or embodied in a
work. Derivative works
Subject matter
not protected

ple, discovery or mere data, even if expressed,
described, explained, illustrated or embodied in a
work. Derivative works
Subject matter
not protected

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THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
8. Copyright in a literary and artistic work comprises the
exclusive economic and moral rights of the author as provided
for under sections 9 to 11. 9.–(1) Subject to the provisions of sections 12 to 24, the author
shall have the exclusive right to carry out or to authorise the
following acts in relation to the work-
(a) reproduction of the work;
(b) distribution of the work;
(c) the rental of the original or a copy of an audio-visual
work, a work embodied in a sound recording, a
computer program, a database, or a musical work in
the form of notation, irrespective of the ownership of
the original or copy concerned;
(d) public exhibition of the work;
(e) translation of the work;
(f) adaptation of the work;
(g) public performance of the work;
(h) broadcasting of the work;
(i) right to benefit from re-sale;
(j) other communication to the public of the work; and
(k) importation of copies of the work.

dcasting of the work;
(i) right to benefit from re-sale;
(j) other communication to the public of the work; and
(k) importation of copies of the work.

(2) The right of rental under paragraph (c) of subsection
(1) of this section does not apply to the rental of computer
programs where the program itself is not the essential object
of the rental. 10.–(1) The right to authorise distribution provided for in
section 9(1)(b), shall cease to exist in respect of the original or
a copy of the work which has been sold by the author or other
owner of copyright, with his authorisation, on the territory of
Tanzania. (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. Substance of
copyright
Economic rights
Act No. 9 of 2019 s. 13
Right of
distribution

e the rental of copies of the
works after the sale of the copies. Substance of
copyright
Economic rights
Act No. 9 of 2019 s. 13
Right of
distribution

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178
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
recording, broadcasting or distribution by cable;
(b) to object to and to seek relief in connection with any
distribution, mutilation or other modification of, and
any other derogatory action in relation to, his work,
where the action would be or is prejudicial to his
honour or reputation. 12.

odification of, and
any other derogatory action in relation to, his work,
where the action would be or is prejudicial to his
honour or reputation. 12.

Notwithstanding the provisions of section 9, the following
uses of a protected work, either in the original or in translation,
shall be permissible without the author’s consent and the
obligation to pay remuneration for the use of the work-
(a) in case of any work except computer programs and
architectural works, that has been lawfully published-
(i) the production, translation, adaptation,
arrangement or other transformation of such
work exclusively for the user’s own personal
and private use provided that, the reproduction
does not conflict with normal exploitation of the
work and does not unreasonably prejudice the
legitimate interest of the author;
(ii) the inclusion, subject to mention of the source and
the name of the author or quotations from the work
in another work, provided that, the quotations are
compatible with fair practice and their extent does
not exceed that justified by the purpose, including
quotations for newspaper articles and periodicals
in the form of press summaries; and
(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
Moral rights
Free use
Act No.

l recordings for teaching,
to the extent justified by the purpose or the
communication for teaching purposes of the work
Moral rights
Free use
Act No.

1 of 2022 s. 19

1 of 2022 s. 19

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THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E.

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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
broadcast, the programme distributed by cable or
the recording;
(b) the distribution by cable or any work broadcast, where
the beneficiaries of the distribution by cable live in one
and the same building, or group of buildings none of
which is separated from another building by a public
street or road, where the cable distributed originated
from the same building or group of buildings and the
distribution by cable is done without gainful intent;
(c) in case of any article published in newspaper or
periodicals on current economic, political or religious
topics, and in the case of any work of the same character
broadcast or distributed by cable, the reproduction of
the article or work in the press, or the communication
of it to the public, unless the said article when broadcast
or distributed by cable, was accompanied by express
provision prohibiting the use, and provided that, the
source of it when used in the said manner is clearly
indicated.

able, was accompanied by express
provision prohibiting the use, and provided that, the
source of it when used in the said manner is clearly
indicated.

(d) for the purpose of reporting a current event by means
of photography, cinematography or communication to
the public, the reproduction, to the extent justified by
the informatory purpose, of any work that can be seen
or heard in the course of the said event;
(e) the reproduction of works of art and of architecture
in an audio-visual or video recording, and the
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;

he 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;

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(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
lawfully made available to the public, provided that,
reproduction, the number of copies made, and the use
thereof are limited to the needs of the regular activities
of the entity reproducing the work, and neither
conflict with the normal exploitation of the work nor
unreasonably prejudice the legitimate interests of the
author;
(g) the reproduction in the press or the communication to
the public of-
(i) any political speech delivered in public or any
speech delivered during legal proceedings; or
(ii) any lecture, address, sermon or other work of the
same nature delivered in public, provided that,
the use is exclusively for the purpose of current
information, the author retaining the right to
publish a collection of such works;
(h) the recording by any broadcasting organisation for the
purpose of its own broadcasts and by means of its own
facilities, in one or several copies, of any work which it
is authorised to broadcast, the copies of recording shall
be destroyed within six months or any longer period
agreed to by the author.

y work which it
is authorised to broadcast, the copies of recording shall
be destroyed within six months or any longer period
agreed to by the author.

(i) where a recording made under paragraph (h) has an
exceptional documentary character, a copy of it may be
preserved in official archives, without the prejudice to
the application of the provisions of this Act;
(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

a published work for visually
impaired persons in an accessible format including
those available in digital form, museum, archives and
libraries; and

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.181
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.

he distribution of a published work in an accessible
format by an authorised entity or a beneficiary person,
exclusively to visually impaired persons.

13.–(1) For the purpose of paragraphs (j) and (k) of section 12,
an authorised entity may, without the authorisation of the
owner of copyright, reproduce an accessible format copy
for the benefit of a person with disability, distribute that
accessible format copy to a person with a disability by any
means, including by non-commercial lending or by digital
communication by wire or wireless means, and undertake any
intermediate steps for the reproduction or distribution where
the following conditions are met:
(a) the person intending to undertake any activity under
this subsection shall have lawful access to the copyright
work or a copy of that work;
(b) the copyright work shall be converted into an
accessible format copy, which may include any means
necessary to create such accessible format copy but
which does not introduce changes other than those
needed to make the work accessible to a person with a
disability;
(c) the accessible format copies are distributed exclusively
for use by beneficiary persons; and
(d) the activity under this subsection shall be undertaken
on a non-profit basis.

pies are distributed exclusively
for use by beneficiary persons; and
(d) the activity under this subsection shall be undertaken
on a non-profit basis.

(2) A beneficiary person or a person serving a beneficiary
person may reproduce an accessible format copy of a work for
the personal use of the beneficiary person or otherwise may
assist the beneficiary person to make and use accessible format
copies where the beneficiary person has lawful access to that
work or copy of that work. [s. 12A]
Limitations for
accessible format
copies
Act No. 1of 2022 s. 20

e the beneficiary person has lawful access to that
work or copy of that work. [s. 12A]
Limitations for
accessible format
copies
Act No. 1of 2022 s. 20

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182
14.–(1) A person with a disability or a person that serves
persons with disabilities may, without the authorisation of the
owner of copyright, export to or import from another country
any work of an accessible format copy provided he undertakes
such activity on a non-profit basis. (2) A person who imports works in accessible format for
reproduction or distribution shall ensure that the content of
the imported work is in conformity with moral, values and
culture of Tanzania. [s. 12B]
15.

roduction or distribution shall ensure that the content of
the imported work is in conformity with moral, values and
culture of Tanzania. [s. 12B]
15.

Notwithstanding the provisions of section 9, the temporary
reproduction of a work shall be permitted where the following
conditions are met-
(a) the reproduction is made in the process of a
transmission of the work or an act of making a stored
work perceptible;
(b) it is caused by a person or entity that, by way of
authorisation by the owner of copyright or of operation
of law, is entitled to make that transmission or making
perceptible of the work; and
(c) it is an accessory to the transmission of making
perceptible that occurs during the normal operation of
the equipment used and entails the automatic deletion
of the copy without enabling the retrieval of the work of
any other purpose than those referred to in paragraphs
(a) and (b) above. [s. 13]
16.–(1) Subject to the provisions of subsections (2) to (5), of
this section, the economic and moral rights shall be protected
during the life of the author and for fifty years after his death. (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.

rk 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
Conditions for
import or export
of accessible
format copies
Act No. 1of 2022 s. 20
Temporary
reproduction
Duration of
author’s right

hall be protected
Conditions for
import or export
of accessible
format copies
Act No. 1of 2022 s. 20
Temporary
reproduction
Duration of
author’s right

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.183
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)
shall apply, as the case may be. (4) In case of audio-visual work, the economic and moral
rights shall be protected 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. (5) In case of a work of applied art, the economic and moral
rights shall be protected for twenty five years from the making
of the work. (6) A period provided for under the proceeding subsections
shall continue until the end of the calendar year in which it
would otherwise expire. [s.

. (6) A period provided for under the proceeding subsections
shall continue until the end of the calendar year in which it
would otherwise expire. [s.

14]
17.–(1) The right in a work protected under this Act shall
be owned in the first instance by the author or authors who
created the work and, the authors of a work of joint authorship
shall be co-owners of the said rights. (2) In respect of audio-visual work, the original owner of the
economic right shall be the co-author of the audio-visual work
who, in the absence of proof of the contrary, shall be presumed
to be the author of the scenario, the author of the dialogue,
composer of the music specifically created for the audio-visual
work and the director, provided that, he has exercised actual
supervision and made an actual intellectual contribution to
the creation of the work, and, the author of pre-existing works
included in, or adapted for, the audio-visual in, or adapted for,
the audio-visual work shall be assimilated to the co-author of
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
Ownership of
copyright

or
under which the authors of pre-existing works authorise their
works to be included in, or adapted for, an audio-visual work
Ownership of
copyright

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
184
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
the extent that those contributions or pre-existing works can
be subject of acts covered by their economic rights separately
from the audio-visual works. (4) In case of a work created by an author for any person or
body corporate in the course of fulfilment of his or her duties
under a contract of service or employment, the rights of the
work referred to in section 9 shall, in the absence of contractual
provisions to the contrary, be deemed to be assigned to the
employer of the author to the extent as may be necessary to
its customary activities at the time of the conclusion of the
relevant contract of service or employment.

author to the extent as may be necessary to
its customary activities at the time of the conclusion of the
relevant contract of service or employment.

(5) In the absence of proof to the contrary, the author of a
work is the person under whose name the work is disclosed
and this provision shall be applicable even if the name is a
pseudonym, where the pseudonym leaves no doubt as to the
identity of the author. (6) In the case of an anonymous or pseudonymous work,
subject to the provisions of subsection (5), the publisher whose
name appears on the work shall, in the absence of proof to
the contrary, be presumed to represent the author and, in this
capacity, shall be entitled to exercise and enforce the moral
and economic rights of the author, and, this presumption shall
cease to apply when the author reveals his identity. (7) The rights referred to in sections 9 to 11 shall be inherited
according to the general rules of the law of succession. [s. 15]
18. A person who intends to use any right protected pursuant to
the provisions of this Act, shall be obliged to seek authorisation
from the copyright’s holder. [s. 15A]
Requirement for
authorisation
Act No. 9 of 2019 s. 14

isions of this Act, shall be obliged to seek authorisation
from the copyright’s holder. [s. 15A]
Requirement for
authorisation
Act No. 9 of 2019 s. 14

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.185
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
19.–(1) The rights referred to in section 9 shall be assignable
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
to in section 9 shall not include or be deemed to include the
assignment of any other rights referred to therein. (4) Notwithstanding the provisions of section 24 the
assignment of right in future work shall be void. (5) The transfer of ownership of the original or of one or
several copies of a work shall not imply the assignment of right
in the work. [s. 16]
20.–(1) The author or other owner of copyright may grant
non exclusive or exclusive licences to others to carry out, or to
authorise the carrying out of certain specified acts covered by
his or its economic rights.

lusive or exclusive licences to others to carry out, or to
authorise the carrying out of certain specified acts covered by
his or its economic rights.

(2) A non exclusive licence shall entitle the licensee to carry
out the act concerned concurrently with the author or other
owner of copyright and concurrently with any other possible
non-exclusive licensees. (3) An exclusive licence shall entitle the licensee to carry
out the act concerned to exclusion of others, including the
author or other owner of copyright. (4) A licence shall be considered to be exclusive where
the licensing contract contains words to that effect, or if the
obvious intentions of the contracting parties to that effect
clearly result from the circumstances and, the licensee shall
have locus standi to sue in his own name for an infringement
of any exclusive right conferred on him. (5) Failure to mention the scope or ways and means of
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. Assignment of
author’s rights
Licences

t may be reasonable presumed to
be envisaged by the contracting parties when concluding the
licensing contract. Assignment of
author’s rights
Licences

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186
(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,
on the expiring of the contract an assignment on the basis of
which the assignee has granted the licence. (8) A grant of exclusive licence, shall be valid only if it is the
subject of written contract signed by the contracting parties. [s. 17]
21. Unless otherwise provided for by legislation, the user shall
be entitled to transfer the rights conferred on him under the
contract for the use of the work with the consent of the owner
of copyright. [s. 18]
22.

be entitled to transfer the rights conferred on him under the
contract for the use of the work with the consent of the owner
of copyright. [s. 18]
22.

Where the owner of copyright has conferred the rights
to use the work on conditions the effect of which is a gross
disproportion between the remuneration paid to him by the
user of the work and the income from the use thereof, the owner
of copyright may request an amendment of the contract so as
to secure him an equitable share of the income, corresponding
to standards generally prevailing in similar cases, the claim
may not be waived in advance, it cannot be enforced, however,
after the lapse of two years from the time when the owner of
copyright received knowledge of the circumstances which give
rise to the claim, and the owner of copyright may not claim to
have received such a knowledge after more than five years. [s. 19]
23. Where the user does not exercise an exclusive right
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
Transfer of rights
Disproportionate
remuneration
Non-exercise of
exclusive rights

e
delay stipulated in the contract for the beginning of the exercise
Transfer of rights
Disproportionate
remuneration
Non-exercise of
exclusive rights

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.187
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
for adequately exercising the right transferred, except for cases
where the exercise of the right by the user became impossible
or he refused it, and, the right of revocation may not be waived
in advance. [s. 20]
24. A contract on future grant of rights for the use of works to
be created is enforceable, and, thereafter rights not specified in
detail but only mentioned in general or by reference to their
nature, may be terminated by either party by six months notice
after a period of four years from the conclusion of the contract. [s. 21]
25.

to their
nature, may be terminated by either party by six months notice
after a period of four years from the conclusion of the contract. [s. 21]
25.

The general rules of the law of contracts shall apply to other
questions relating to contracts for use of authors’ works other
than uses provided for under this section. [s. 22]
26.–(1) Where a contract has been concluded for the use of
a work to be created (commissioned work), the user shall
be under the obligation to make a declaration concerning
acceptance of the work within two months from the date on
which the work was handed over, unless the law otherwise
provides, where the user fails to make such a declaration
within the time fixed by law, the work shall be deemed to have
been accepted. (2) Within the time open for acceptance of the work, the
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
Contract of future
grant
General rules of
contracts
Contracts for
commissioned
works

justified
requests for correction or amendments can be repeatedly
Contract of future
grant
General rules of
contracts
Contracts for
commissioned
works

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
188
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
amount less than the remuneration agreed upon for the use of
the work. [s. 23]
PART III
PROTECTION OF EXPRESSION OF FOLKLORE
AGAINST ILLICIT EXPLOITATION
27. This Act protects expression of folklore as follows-
(a) folk tales, folk poetry, riddles;
(b) folk songs and instrumental folk music;
(c) folk dances, plays and artistic forms of rituals;
(d) production of folk art in particular drawings, painting,
carvings, sculpture, pottery, terracotta, mosaic,
woodwork, metalware, jewellery, baskets, costumes;
and
(e) traditional musical instruments. [s. 24]
28.

vings, sculpture, pottery, terracotta, mosaic,
woodwork, metalware, jewellery, baskets, costumes;
and
(e) traditional musical instruments. [s. 24]
28.

Subject to the exception provided for in section 29, the
following utilisations of the expression of folklore are subject
to authorisation by the competent authority when they are
made both with gainful intent and outside their traditional or
customary context-
(a) any application, reproduction and distribution of
copies of expressions of folklore; or
(b) communication to the public, including recitation,
performance, broadcasting or distribution by cable, of
expressions of folklore. [s. 25]
Protected
expression of
folklore
Utilisation subject
to authorisation

ance, broadcasting or distribution by cable, of
expressions of folklore. [s. 25]
Protected
expression of
folklore
Utilisation subject
to authorisation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.189
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
29.

No part of this book may be reproduced or distributed without permission of OAG.189
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
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
utilisation is compatible with fair practice;
(c) borrowing expressions of folklore for creating an
original work of an author or authors inspired by
folklore; and
(d) incidental utilisation of an expression of folklore,
including in particular-
(i) utilisation of an expression of folklore that can be
seen or heard in the course of a current event for
the purposes of reporting on the current event
by means of photograph, broadcasting or sound
or visual recording, provided that the extent of
utilisation is justified by the informatory purpose;
and
(ii) utilisation of objects containing the expression
of folklore which are permanently located in a
place where they can be viewed by the public,
where the utilisation consists of including their
image in a photograph, in a film or in a television
broadcasting. [s. 26]
30.

viewed by the public,
where the utilisation consists of including their
image in a photograph, in a film or in a television
broadcasting. [s. 26]
30.

In printed publication, and in connection with any
communications to the public, of any identifiable expression
of folklore its source shall be indicated in an appropriate
manner, by mentioning the community and geographic place
from where the expression utilised has been derived and the
provisions shall not apply to utilisation referred to in section
29(c) and (d). [s. 27]
Exceptions
Acknowledge-
ment of source

as been derived and the
provisions shall not apply to utilisation referred to in section
29(c) and (d). [s. 27]
Exceptions
Acknowledge-
ment of source

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190
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,
it may fix the amount of any collection fees corresponding
to a tariff approved by the supervisory authority, and the
fees collected shall be used for the purpose of promoting or
safeguarding national culture. (3) Appeals against the decisions of the competent authority
shall be by the person applying for the authorisation or the
representative of the interested community and shall be with
the supervisory authority. [s. 28]
32.–(1) For purposes of this Act, the expression “competent
authority” means The National Arts Council of Tanzania
established under section 3 of the National Arts Council Act. (2) For the purpose of this Act, the expression “supervisory
authority” means the Minister. [s.

shed under section 3 of the National Arts Council Act. (2) For the purpose of this Act, the expression “supervisory
authority” means the Minister. [s.

29]
33.–(1) The provisions of the folklore under this Act shall in no
way be interpreted so as to hinder the normal use, maintaining
and development of the expressions. (2) The provisions of this part of the Act shall in no way
limit or prejudice any protection applicable to expressions of
folklore under other Parts of this Act, or the laws protecting
industrial property, or any other law or international treaty to
which Tanzania is a party, nor shall it in any way prejudice
other forms of protection provided for the safeguard and
preservation of folklore. [s. 30]
Authorisation
Competent
authorities
Cap. 204
Interpretation

other forms of protection provided for the safeguard and
preservation of folklore. [s. 30]
Authorisation
Competent
authorities
Cap. 204
Interpretation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.191
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E.

reserved. No part of this book may be reproduced or distributed without permission of OAG.191
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E.

2023]
PART IV
PROTECTION OF PERFORMERS,
PRODUCERS OF SOUND RECORDINGS
AND BROADCASTING ORGANISATIONS
34.–(1) Subject to the provisions of section 5 of this Act,
a performer shall have the exclusive right to carry out or to
authorise any of the following acts-
(a) the broadcasting or other communication to the public
of his performance, except where the broadcasting or
the other communication-
(i) is made from a fixation of the performance, other
than a fixation made under the terms of section
5 of this Act or otherwise made without the
authorisation of the performer; or
(ii) is a rebroadcasting made or authorised by the
organisation initially broadcasting the performance;
(b) the fixation of his unfixed performance;
(c) the direct or indirect reproduction of a fixation of his
performance, in any manner or form;
(d) the first making available to the public of a fixation
of his performance, or copies thereof, through sale or
other transfer of ownership;
(e) rental to the public or public lending of a fixation of
his performance, or copies thereof, irrespective of the
ownership of the copy rented or lent; or
(f) the making available to the public of his fixed
performance, by wire or wireless means, in a way that
members of the public may access them from a place or
at a time individually chosen by them.

xed
performance, by wire or wireless means, in a way that
members of the public may access them from a place or
at a time individually chosen by them.

(2) Once the performer has authorised the incorporation of
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
Acts requiring
authorisation of
performers

sfer of those rights, the performer shall, as
regards to his live aural performances and performances fixed
Acts requiring
authorisation of
performers

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192
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. (4) This section shall not be construed to deprive performers
of the right to agree by contracts on terms and conditions more
favourable for them in respect of their performances. (5) The rights under this section shall be protected until the
end of the fiftieth calendar year following the year in which
the performance was fixed in phonogram, or in the absence of
a fixation, from the end of the year in which the performance
took place. [s.

ar in which
the performance was fixed in phonogram, or in the absence of
a fixation, from the end of the year in which the performance
took place. [s.

31]
35.–(1) Subject to the provisions of section 5 of this Act, a
producer of a sound recording shall have the exclusive right to
carry out or to authorise any of the following acts-
(a) direct or indirect reproduction of the sound recording,
in any manner or form;
(b) the making available to the public by sale or other
transfer of ownership, of the original or copies of the
sound recording that have not already been subject to a
distribution authorised by the producer;
(c) rental to the public or public lending of a copy of the
sound recording, irrespective of the ownership of the
copy rented or lent; or
(d) the making available to the public of the sound
recording, by way of wireless means, in a way that
members of the public may access it from a place or at
time individually chosen by them. (2) The rights under subsection (1) of this section shall
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.

rding 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]
Acts requiring
authorisation
of producers of
sound recordings

32]
Acts requiring
authorisation
of producers of
sound recordings

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.193
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
36.–(1) Where a sound recording published for commercial
purposes, or a reproduction of the sound recording, is used
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
recording shall be paid by the user to the producer. (2) Unless otherwise agreed between the performers and the
producer, half of the amount received by the producer under
subsection (1) shall be paid by the producer to the performer
or performers. (3) The right to an equitable remuneration under this
section shall subsist from the date of 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 date of fixation of the sound
recording until the end of the fiftieth calendar year following
the year of fixation.

g has
not been published, from the date of fixation of the sound
recording until the end of the fiftieth calendar year following
the year of fixation.

(4) For the purpose of this section, sound recordings that
have been made available to the public by wire or wireless
means in a way that members of the public may access them
from a place and at a time individually chosen by them shall
be considered as if they have been published for commercial
purposes. [s. 33]
37.–(1) Subject to the provisions of section 5, a broadcasting
organisation shall have the exclusive right to carry out or to
authorise any of the following acts-
(a) the rebroadcasting of its broadcast;
(b) the communication to the public of its broadcast;
(c) the fixation of its broadcast; or
(d) the reproduction of a fixation of its broadcast. (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]
Equitable
remuneration
for use of sound
recordings
Acts requiring
authorisation
of broadcasting
organisations

which the broadcast
takes place. [s. 34]
Equitable
remuneration
for use of sound
recordings
Acts requiring
authorisation
of broadcasting
organisations

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194
38. Sections 34, 35, 36 and 37 shall not apply where the acts
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;
(b) reproduction solely for scientific research;
(c) reproduction solely for the purpose of face to face
teaching activities, except for performances and
phonograms which have been published as teaching or
instructional materials; or
(d) cases where, under Part II of this Act, a work can be
used without the authorisation of the author or other
owner of copyright. [s.

materials; or
(d) cases where, under Part II of this Act, a work can be
used without the authorisation of the author or other
owner of copyright. [s.

35]
PART V
SANCTIONS
39.–(1) A person whose rights under this Act are in imminent
danger of being infringed or have been infringed, may institute
proceedings in the United Republic for-
(a) an injunction to prevent the infringement or to prohibit
the continuation of the infringement; or
(b) payment of damages suffered in consequence of
the infringement, including any profits enjoyed by
the infringing person that are attributable to the
infringement, and where the infringement is found to
have been prejudicious to the reputation of the person
whose rights were infringed, the court may, at its
discretion, award exemplary damages. (2) An object which was made in violation of this Act and
any receipts of the person violating it and resulting from such
violations, shall be subject to seizure. [s. 36]
Limitations on
protection
Civil remedies

receipts of the person violating it and resulting from such
violations, shall be subject to seizure. [s. 36]
Limitations on
protection
Civil remedies

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.195
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
40.–(1) As against a person who infringes a copyright or any
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:
Provided that, in lieu of damages, the injured party may
recover the profits derived by the infringer from the acts of
infringement together with a detailed accounting reflecting
profits. (2) Authors, persons having rights in scientific editions,
photographers and performers may, where the infringement was
intentional or the result of negligence, recover, as justice may
require, a monetary indemnity for the injury caused to them even
if no pecuniary loss has occurred, and this right is not assignable
unless it has been acknowledged by contract or unless legal action
asserting the right has previously been commenced.

and this right is not assignable
unless it has been acknowledged by contract or unless legal action
asserting the right has previously been commenced.

(3) Rights arising from other legal provisions shall not be
affected. [s. 37]
41.–(1) The injured party may require the destruction of
copies that have been unlawfully manufactured or unlawfully
distributed or which are intended for unlawful distribution. (2) The injured party may further require that, the
equipment such as moulds, plates, engraving stones, blocks,
stencils and negatives which were destined exclusively for the
unlawful production of copies be rendered unusable, or if this
is not practicable, destroyed. (3) Where the appearance of the copies or the equipment
causing the infringement can be modified in some other
fashion so that, the work no longer constitutes an infringement
of the rights of the injured party, in that case, the injured party
may only require that such measures be undertaken as to
achieve this effect. Action for
injunction and
damages
Right of
destruction and
similar measures

y only require that such measures be undertaken as to
achieve this effect. Action for
injunction and
damages
Right of
destruction and
similar measures

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196
(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. [s. 38]
42. The injured party may require that, the copies and
equipment be delivered to him, in whole or in part, for an
equitable price which shall not exceed the production cost. [s. 39]
43. Where a right protected under this Act has been infringed
by an employee or agent of an enterprise in the course of his
duties to the enterprise, the injured party may also assert the
rights provided in sections 40 and 41, with the exception of the
right to damages, as against the proprietor of such enterprise,
and, further claims which may arise from other legal provisions
shall not be affected. [s. 40]
44.

ages, as against the proprietor of such enterprise,
and, further claims which may arise from other legal provisions
shall not be affected. [s. 40]
44.

Where, in the event of infringement of a right protected
under this Act, the demands of the injured party for any
injunction under section 40 for destruction or rendering the
work unusable under section 41 or for delivery under section
42 are asserted against a person whose acts of infringement
were neither intentional nor negligent, the person may simply
indemnify in money to the injured party if execution of the
aforesaid demands would produce for him a serious and
disproportionate injury and where it may be assumed that the
injured party could accept redress in cash, and, the damages
payable as aforesaid shall be such an amount as would have
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]
Right of delivery
Responsibility
of proprietor of
enterprise
Exceptions

the
injured party’s consent to a utilisation within customary limits. [s. 41]
Right of delivery
Responsibility
of proprietor of
enterprise
Exceptions

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.197
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
45.–(1) Without prejudice to the remedies available under
section 39, any person who knowingly violates, or causes to be
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
centum of the value of the pirated copyrights material,
whichever is higher or to imprisonment for a term of
not less than six months but not exceeding three years,
or to both; and
(b) in case of each subsequent offence in commercial
basis, a fine of not less than thirty million shillings or
fifty per centum of the value of the pirated copyright
material, whichever is higher or to imprisonment for a
term of not less than twelve months but not exceeding
five years or to both, in addition, the court may order
compensation to the right holder. .

or a
term of not less than twelve months but not exceeding
five years or to both, in addition, the court may order
compensation to the right holder. .

(2) In addition to the punishment under subsection (1),
where the offender is a legal person regulated by Tanzania
Communications Regulatory Authority, the person may
be subjected to suspension in accordance with Tanzania
Communications Regulatory Authority Act. (3) A person who, without the authorisation of the
competent authority referred to in subsection (1) of section
31, of this Act imports or distributes copies of expressions
of folklore derived from Tanzania or copies of translations,
adaptations, arrangement or other transformations of such
expressions of folklore, made abroad without the authorisation
of the said authority, is guilty of an offence and liable to a fine
not exceeding ten million shillings or imprisonment for a term
not exceeding ten years. (4) A person who wilfully or negligently does not comply
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. Offences and legal
sanctions
Act No. 9 of 2019 s. 15
Cap. 172

not exceeding three
million shillings or imprisonment for a term not exceeding
one year. Offences and legal
sanctions
Act No. 9 of 2019 s. 15
Cap. 172

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198
(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
not exceeding five million shillings or to imprisonment for a
term not exceeding three years. (6) A person wilfully deceiving others in respect of the
source of artfacts or subject matters of performances or
recitations made available to the public by him in any direct or
indirect manners, presenting such artfacts or subject matters
as expressions folklore of a certain community, from where,
in fact, they have not been derived commits an offence and on
conviction, shall be liable to a fine not exceeding five million
shillings or to imprisonment for a term not exceeding three
years.

an offence and on
conviction, shall be liable to a fine not exceeding five million
shillings or to imprisonment for a term not exceeding three
years.

(7) A person who publicly uses, in any direct or indirect
manner expressions of folklore wilfully distorting the same in
a way prejudicial to the cultural interests of the community
concerned commits an offence and on conviction, shall be
liable to a fine of not exceeding five million shillings or to
imprisonment for a term not exceeding three years. (8) A person who gives authorisation on behalf of
performers without being a duly appointed representative, or
any person who knowingly proceeds under such an unlawful
authorisation commits an offence and on conviction, shall
be liable to a fine of not exceeding five million shillings or to
imprisonment for a term not exceeding three years. (9) A person omitting the application of the notice of the
protection of phonograms prescribed in section 36 to copies of
a published phonogram reproduced by him or to the containers
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.

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.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.199
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
imprisonment of up to two years for each subsequent
offence. [s. 42]
46.–(1) Notwithstanding the provisions of this Act relating
to penalties, where a person admits in writing that he
has committed an offence under this Act, the Copyright
Administrator or a person authorised by him in writing may,
at any time prior to the commencement of the proceedings by
a court of competent jurisdiction, compound such offence and
order such person to pay-
(a) the sum of money together with all reasonable expenses
Copyright Office of Tanzania may have incurred in
connection with the offence; and
(b) all fees and charges which would have been due where
the action had been authorised under this Act.

e incurred in
connection with the offence; and
(b) all fees and charges which would have been due where
the action had been authorised under this Act.

(2) Where an offence is compounded in accordance with
subsection (1) and criminal proceedings are brought against
the offender for the same offence, it shall be a good defence
for the offender to prove to the satisfaction of the Court
that the offence with which the offender is charged has been
compounded under subsection (1). (3) Where a person fails to comply with the order issued
under this section within the prescribed period, the Copyright
Administrator-
(a) shall, in addition to sum ordered, require the person to
pay an interest at the rate prescribed in the regulations;
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. Compounding of
offences
Acts Nos. 9 of 2019 s. 16
5 of 2022 s. 22

ner as a decree
of a court for the payment of the amount stated in the
notification. Compounding of
offences
Acts Nos. 9 of 2019 s. 16
5 of 2022 s. 22

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200
(4) Where an offence is compounded under this section,
the payment of sum of money shall not exceed twenty million
shillings. [s. 42A]
47.–(1) The court having jurisdiction of a civil or criminal
action arising under this Act, Criminal Procedure Act or
Civil Procedure Code shall have the authority, subject to the
relevant provisions of the Act and on terms as it may deem
reasonable to-
(a) grant injunctions to prohibit the committing, or
continuation of committing, of infringement of any
right protected under this Act; or
(b) order the impounding of copies of works or sound
recordings suspected of being made or imported
without the authorisation of the owner of any right
protected under this Act, where the making or
importation of copies is subject to an authorisation,
as well as the impounding of the packaging of, the
implements that could be used for the making of, and
the documents, accounts or business papers referring
to, the copies.

ing of the packaging of, the
implements that could be used for the making of, and
the documents, accounts or business papers referring
to, the copies.

(2) The provisions of the Civil Procedure Code and the
Criminal Procedure Act dealing with search and seizure shall
apply to infringements of rights under this Act. (3) The provisions of the Tanzania Revenue Authority Act
dealing with suspension of the release of suspected illegal
goods shall apply to articles and implements protected under
this Act. (4) For the purpose of this Act subsection (2) of section 173
of the Criminal Procedure Act shall not be applicable. [s. 43]
Conservatory
and provisional
measures
Cap. 20
Cap. 33
Cap. 33
Cap. 20
Cap. 399
Cap. 20

of the Criminal Procedure Act shall not be applicable. [s. 43]
Conservatory
and provisional
measures
Cap. 20
Cap. 33
Cap. 33
Cap. 20
Cap. 399
Cap. 20

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.201
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E.

reserved. No part of this book may be reproduced or distributed without permission of OAG.201
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
MANAGEMENT INFORMATION
48.–(1) The following acts shall be considered unlawful and
assimilated to infringements of the rights protected under this
Act-
(a) the manufacture or importation for sale or rental of
any device or means specifically designed or adapted to
circumvent any device or means intended to prevent or
restrict reproduction of a work, a sound recording or a
broadcast, or to impair the quality of copies made;
(b) the manufacture or importation for sale or rental of
any device or means that is susceptible to enable or
assist the reception of an encrypted program, which is
broadcast or otherwise communicated to the public,
including by satellite, by those who are not entitled to
receive the program;
(c) the removal or alteration of any electronic rights
management information without authority; and
(d) the distribution, import for distribution, broadcasting,
communication to the public or making available to
the public, without authority, of works, performances,
sound recordings or broadcasts, knowing or having
reason to know that electronic rights management
information has been removed or altered without
authority.

ecordings or broadcasts, knowing or having
reason to know that electronic rights management
information has been removed or altered without
authority.

(2) An illicit device and means mentioned in paragraph (a)
of subsection (1) and any copy from which rights management
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
Infringements of
technical means
of protection
and rights
management
information

s of
works, and any illicit act referred to in subsection (1) of this
Infringements of
technical means
of protection
and rights
management
information

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202
section shall be treated as an infringement of copyright or
neighbouring rights to which the civil remedies and criminal
sanctions are applicable. [s. 44]
49. The Minister may make regulations prescribing matters as
are required or permitted by this Act to be prescribed or as are
necessary or convenient to be prescribed for carrying out or
giving effect to the provisions of this Act. 50. There is hereby established an organisation to be known as
the Copyright Office of United Republic in this Act referred to
as the “Office” which shall-
(a) be a body corporate having perpetual succession and a
common seal;
(b) under that name be capable of suing and being sued
and of purchasing or otherwise acquiring, holding and
alienating movable or immovable property; and
(c) subject to the provisions of this Act be capable of
doing or performing all such acts or things as bodies
corporate may by law do or perform. [s. 46]
51.

ject to the provisions of this Act be capable of
doing or performing all such acts or things as bodies
corporate may by law do or perform. [s. 46]
51.

The functions of the Copyright Office shall be to -
(a) promote and protect the interest of holders of copyright
and neighbouring rights in the administration of
copyright;
(b) maintain registers of works, productions and
associations of authors, performers, translators,
producers of sound recordings, broadcasters and
publishers;
(c) search for, identify and publish the rights of owners;
(d) collect and distribute royalties in respect of copyright
works or performers rights in areas where collective
management organisations do not operate;
Regulations
Administration
of copyright and
neighbouring
rights
Act No. 5 of 2022 ss. 22
and 24
Functions of
Office
Acts Nos. 9 of 2019 s. 17
5 of 2022 s. 25

ions
Administration
of copyright and
neighbouring
rights
Act No. 5 of 2022 ss. 22
and 24
Functions of
Office
Acts Nos. 9 of 2019 s. 17
5 of 2022 s. 25

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.203
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
management organisations to administer the rights of
their members;
(g) give assistance in establishing a collecting organisation
for any class of copyright owners;
(h) deal with issues of anti-piracy; and
(i) advise the Minister on all matters relating to copyright. [s. 47]
52.

for any class of copyright owners;
(h) deal with issues of anti-piracy; and
(i) advise the Minister on all matters relating to copyright. [s. 47]
52.

For the better performance of its functions, the Office shall,
subject to this Act, have power-
(a) to approve the minimum rates of royalties to be levied
in respect of uses to be made of works licensed by it;
(b) to levy fees upon licensing works and associations;
(c) to acquire, hire and dispose of property;
(d) to borrow money whether by way of loan, overdraft or
otherwise on the security of its assets;
(e) to accept and administer any trusts or donations;
(f) to join regional and international associations having
similar objectives and functions;
(g) to perform other functions as may be assigned to it by
the Board; and
(h) to train and sensitise its members, institutions and
other members of the public on copyright matters. [s. 48]
53.–(1) There is imposed a copyright levy at a rate of 1.5 percent
to be charged on the value of radio/TV set enabling recording,
analogue audio recorders, analogue video recorders, CD/DVD
copier, digital jukebox Vinyl, Mini Disc, Compact Disc (CD),
Digital Versatile Disk (DVD), SD Memory and MP 3 player. Fees, royalties,
etc. Act No. 5 of 2022 s. 26
Imposition of
copyright levy
Acts Nos. 5 of 2022 s. 27
7 of 2023 s. 4

(DVD), SD Memory and MP 3 player. Fees, royalties,
etc. Act No. 5 of 2022 s. 26
Imposition of
copyright levy
Acts Nos. 5 of 2022 s. 27
7 of 2023 s. 4

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204
(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]
54. The funds of the Office shall consist of-
(a) fees payable under the Act;
(b) grants and bequests; and
(c) other moneys or assets as may vest in or accrue to the
office, including government subsidy whether in the
course of its functions or otherwise. [s. 49]
55.–(1) The Office shall-
(a) keep proper accounts and other records relating thereto
in respect of its funds; and
(b) publish and furnish to the Board annually, or as often
as the Board may direct audited accounts and balance
sheets and estimates of income and expenditure for the
following financial year. (2) The accounts shall be examined and audited annually by
auditors appointed by the Office and approved by the Board.

r the
following financial year. (2) The accounts shall be examined and audited annually by
auditors appointed by the Office and approved by the Board.

(3) The financial year of the Office shall be a period of twelve
calendar months beginning on 1st July, every year and ending
on 30th June the following year. [s. 50]
56.–(1) The composition, proceedings and other matters of
the Office shall be in accordance with the provisions of the
Schedule. (2) The Minister may in consultation with the relevant
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. Funds of Office
Act No. 5 of 2022 s. 22
Office’s accounts
and records
Act No. 5 of 2022 s. 22
Office’s
composition
Act No. 5 of 2022 s. 22

the Office. Funds of Office
Act No. 5 of 2022 s. 22
Office’s accounts
and records
Act No. 5 of 2022 s. 22
Office’s
composition
Act No. 5 of 2022 s. 22

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.205
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
COLLECTIVE MANAGEMENT OF COPYRIGHT
57.–(1) A collective management organisation shall not
operate in Tanzania without a licence issued by the Office. (2) The Office shall not licence a collective management
organisation in respect of the same bundle of rights and
category of works if there exists another organisation that has
already been licensed under this Act. (3) A person who operates as a collecting organisation
without a licence commits an offence and on conviction, shall
be liable to a fine of not less than ten million shillings but not
exceeding twenty million shillings. [s. 52A]
58.

n offence and on conviction, shall
be liable to a fine of not less than ten million shillings but not
exceeding twenty million shillings. [s. 52A]
58.

The functions of the collective management organisation
shall be to-
(a) promote and encourage creativity in the artistic, literary
and scientific fields in Tanzania;
(b) promote and carry out public awareness on copyright
and neighbouring rights;
(c) pay the royalties to its members who are the appropriate
beneficiaries;
(d) charge fees as approved by the Office to the users of
copyright and neighbouring rights;
(e) enter into reciprocal agreements with foreign societies
or other bodies of authors or neighbouring rights
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;
Licensing
of collective
management
organisations
Act No. 5 of 2022 s. 28
Function of
collective
management
Act No. 5 of 2022 s. 28

ir economic rights;
Licensing
of collective
management
organisations
Act No. 5 of 2022 s. 28
Function of
collective
management
Act No. 5 of 2022 s. 28

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206
(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
copyright and neighbouring rights interests; and
(i) do any act necessary in relation to the copyright and
neighbouring rights and interests of its members. [s. 52B]
59.The Office shall licence a collective management
organisation where-
(a) it is satisfied that the collective management organisation
is capable of promoting its members’ interests and of
discharging its functions and objectives;
(b) it consists of at least thirty members; and
(c) the organisation is incorporated under the Companies
Act. [s.

arging its functions and objectives;
(b) it consists of at least thirty members; and
(c) the organisation is incorporated under the Companies
Act. [s.

52C]
60.–(1) A collective management organisation shall, as soon
as reasonably practicable after the end of each financial year,
submit to the Office-
(a) a report of its operations during that year; and
(b) a copy of its audited accounts in respect of that year. (2) This section shall apply without prejudice to the
obligations of a collective management organisation under the
provisions of the Companies Act or any other written law. [s. 53D]
61. A matter or thing done by any member of the Board or
an employee of the Office shall not, if done bonafide in the
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]
Conditions
for issuance of
licence
Act No. 5 of 2022 s. 28
Cap. 212
Submission of
financial year
report to Office
Act No. 5 of 2022 s. 28
Cap. 212
Immunity
Act No. 5 of 2022 s. 28

cence
Act No. 5 of 2022 s. 28
Cap. 212
Submission of
financial year
report to Office
Act No. 5 of 2022 s. 28
Cap. 212
Immunity
Act No. 5 of 2022 s. 28

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THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
62.–(1) A person who is aggrieved by any decision or act of the
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,
appeal to the Minister. [s. 54F]
63. The Minister may, for the purpose of this Part, make
regulations prescribing-
(a) procedure for application, issuance and cancellation of
licence; and
(b) procedure to be complied by collective management
organisations in making rules for collection and
distribution of royalties. [s. 54G]
PART VIII
TRANSITIONAL PROVISIONS
64.–(1) [Repeals the Copyright Act.]
(2) Rights governed by this Act shall not be recognised
under common law. [s. 52]
65.

III
TRANSITIONAL PROVISIONS
64.–(1) [Repeals the Copyright Act.]
(2) Rights governed by this Act shall not be recognised
under common law. [s. 52]
65.

The provisions of this Act which apply to works,
performances, phonograms and broadcasts existing before the
date of the coming into effect of this Act, provided that the
term of protection had not expired under the former legislation
or under the legislation of the country of origin of the works,
performances, phonograms or broadcasts that are to be
protected under an international treaty to which Tanzania is
party, shall not affect contracts on works, performances, sound
recordings and broadcasts concluded before the entering into
force of this Act. [s. 53]
Appeal
Act No. 5 of 2022 s. 28
Collective
management
organisation
regulations
Act No. 5 of 2022 s. 28
Repeal
Act No. 61 of 1966
Transitional
provision

Appeal
Act No. 5 of 2022 s. 28
Collective
management
organisation
regulations
Act No. 5 of 2022 s. 28
Repeal
Act No. 61 of 1966
Transitional
provision

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
208
SCHEDULE
(Made under section 56(1))
CONSTITUTION, PROCEEDINGS AND
OTHER MATTERS OF THE OFFICE1
1.–(1) Subject to paragraph (3) the Office shall consist of the following
Board members appointed by the Minister each of whom representing
the following-
(a) The Office of the Attorney General;
(b) The Ministry responsible for copyright matters;
(c) The Ministry responsible for finance and planning
(experienced with accounting and auditing);
(d) The National Arts Council;
(e) Two accredited stakeholders from Federation or Associations;
(f) the Tanzania Authors’ Association;
(g) the Tanzania Broadcasting Commission; and
(h) the Customs Department;
(2) One third of the ex officio members shall be removed from their
position after every two years and replaced by the private stake holders. (3) A member of the Office, not being an ex officio member, shall
hold office for three years.

ry two years and replaced by the private stake holders. (3) A member of the Office, not being an ex officio member, shall
hold office for three years.

(4) The Minister may appoint other persons not exceeding three in
number, as he considers suitably qualified to assist the Office in its work
and deliberations and such persons shall not have the right to vote at
meetings of the Office. (5) Upon the appointment to the Office of any member, the Minister
shall cause notice of the appointment to be published in the Gazette and
the notice shall specify the current membership of the society resulting
upon such appointment. (6) Members of the Office shall not, by virtue only of their
appointment to the Office, be deemed to be officers in the public service. 2.–(1) The Minister may require a member of the Board to vacate his
office if the Minister is satisfied that the member-
(a) has become insolvent or bankrupt;
(b) has been absent from three consecutive meetings of the
Office, of which he has had notice, without the leave of the
Chairman of the Office;
(c) has been convicted of an offence under this Act;
(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
Act No. 5 of 2022 s. 22
GN. No.

of an offence by whatever name called
which, if committed within Tanzania, would have been a
1 Act No. 5 of 2022 s. 22
Act No. 5 of 2022 s. 22
GN. No.

343 of 2021

343 of 2021

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.209
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. (2) The Minister may suspend from office a member of the Board
against whom criminal proceedings have been instituted for an offence
in respect of which a sentence of imprisonment for a term of six months
or more without the option of a fine may be imposed. (3) A member of the Board may resign his office by giving notice
in writing addressed to the Minister and from the date of receipt of the
notice by the Minister, he shall cease to be a member.

ffice by giving notice
in writing addressed to the Minister and from the date of receipt of the
notice by the Minister, he shall cease to be a member.

3.–(1) On vacation of office by a member of the Board, the vacancy
shall be filled by a person appointed in accordance with paragraph 1
under which the former member was appointed:
Provided that, where the remaining period is less than six months
the Minister may decide not to have the vacancy filled until the expiry
of the period. (2) Where any member of the Board is granted leave of absence by
the Board, the Board may, where it sees fit, co-opt a person who belongs
to the same profession or calling as the member who has been granted
leave to fill the vacancy during the absence of the member. 4. The Board may in its discretion at any time and for any length of time
invite any person, and the Minister may in the like manner nominate
any officer in the public service, to attend any meeting of the Board and
take part in the deliberations of the Board, but the person or officer
shall not be entitled to vote at that meeting. 5.–(1) The Chairman of the Board shall be appointed by the Minister
from amongst persons who are-
(a) knowledgeable;
(b) with provable experience in business administration; and
(c) have experience on copyright and neighbouring rights.

ons who are-
(a) knowledgeable;
(b) with provable experience in business administration; and
(c) have experience on copyright and neighbouring rights.

(2) The Board shall elect a Vice-Chairman from amongst its
members, and the Vice-chairman shall, subject to subparagraph (3),
hold office for the duration of his membership in the Board. (3) The office of the Vice-Chairman shall become vacant where-
(a) the holder resigns his office by notice in writing to the office;
(b) the holder of the office ceases to be a member of the Board;
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.

irman 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.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT [CAP. 218 R.E. 2023]
210
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
of their number to preside; and
(c) the quorum shall be formed by any six members. (3) At any meeting the decision of the Board on any matter shall be
that of the majority of the members present and voting at that meeting,
and in the event of any equality of votes, the chairman of the meeting
shall have a casting vote in addition to his deliberative vote. (4) Subject to this Act, the Board may make standing orders for the
regulation of its proceedings and business and may vary, suspend or
revoke any standing orders. 7.

his Act, the Board may make standing orders for the
regulation of its proceedings and business and may vary, suspend or
revoke any standing orders. 7.

Members of the Board shall be paid from the funds of the Office
such allowances as the Minister may determine and in determining the
allowances the Minister may make provision for the reimbursement
of any reasonable expenses incurred by a member of the Board in
connection with the business of the Board. 8.–(1) Subject to this paragraph, the Board-
(a) shall appoint a Copyright Administrator upon terms and
conditions as may be approved by the Minister;
(b) may appoint other staff as it considers necessary or desirable
in the discharge of its duties and upon terms and conditions
as it may determine. (2) The Copyright Administrator after consultation with the
Chairman of the Board may appoint temporary employees at such
daily rates of pay, not below the minimum rates otherwise prescribed
by written law, as he may consider appropriate and shall, after he has
appointed any such employee, report the fact thereof to the Board at its
next meeting. (3) The Copyright Administrator shall be the Secretary to the Board.

nted any such employee, report the fact thereof to the Board at its
next meeting. (3) The Copyright Administrator shall be the Secretary to the Board.

(4) Subject to any general or special directions of the Board, the
Copyright Administrator shall be the chief executive officer of the Board
and responsible to the Board for the administration and management
of its affairs, including the supervisions of other staff of the office.