CREATIVE EXPRESSION –BENEFITING FROM YOUR COPYRIGHT & USING THE COPYRIGHT WORKS OF OTHERS IN YOUR BUSINESS. PRESENTER: MAUREEN FONDO LEGAL OFFICER-COPYRIGHT SOCIETY OF TANZANIA 23RD August 2011, Ubungo Plaza, Dar es Salaam.

OUTLINE Introduction Duration of Protection How you can generate income from creative works Infringement of Copyright Conclusion

INTRODUCTION Tanzania has a sizeable population that is engaged in creative expressions in literary and artistic works like; Books and journals, in musical works, in dramatic works, audiovisual works, design and fashion, computer program in artistic works, in applied art, handicraft and the likes.

discipline and transfer of knowledge, Intro cont….. Creative expression is also a conduit to creative industries which are important to the economy of Tanzania as it creates; employment, utility, entertainment, communication, discipline and transfer of knowledge, national and international trade and it is also a source of income.

What is Copyright? Copyright means the sole legal right to print, publish, perform film or record a literally or artistic or musical work. This is provided for in section 4 of the Copyright and Neighbouring Rights Act, No. 7 of 1999 (Cap 218 R.E 2002) hereinafter called Copyright Law

Scope of protection The Copyright Law among others, protects sketches, drawings, painting, maps, applied art whether handicraft or produced on an industrial scale.

What are related rights? In Tanzania related rights are known as neighbouring rights and secondary rights. These rights are incorporated in the Copyright Law under Part IV which provides for the protection of Performers, Producers of Sound Recordings and Broadcasting Organizations.

Copyright and related rights relevance to your business In Tanzania copyright and related rights are relevant to ones business as it controls commercial exploitation of original works and generation of income. One needs to get prior permission for using copyrighted works through the owner/artist or the Collective Management Organization. e.g. The Copyright Law under section 48, provides that the Society is to determine the minimum rates of royalties to be levied in respect of uses to be made of works registered by it.

In performing this The Minister has made Licensing Regulations known as the Copyright (Licensing of Public Performances and Broadcasting) Regulations, 2003. GN No. 328 published on 10/10/2003 which clearly stipulates under regulation 3 that no person shall hold public performances or broadcasting of a work in which copyright subsists except under a license issued by the COSOTA. Copyright is obtained by virtue of creation of an original creative work.

WTO- TRIPS Agreement (1994), Cont ……………. Tanzania has acceded to the following Copyright International Conventions among others namely: The Convention Establishing the World Intellectual Property Organization 1970 (WIPO Convention), The Berne Convention for the Protection of Literary and Artistic Works (1886), The African Regional Intellectual Property Organization (ARIPO) (1976), WTO- TRIPS Agreement (1994),

The Industrial Property Branch of IP (Trademark, Service Marks, Industrial Designs, Geographical Indications, Trade Secrets) are administered by The Business Registration and Licensing Agency (BRELA) (www.brela.com) The protection and promotion of competition in markets and protection of consumers from unfair and misleading market conduct in Tanzania are dealt with by The Fair Competition Commission (www.competition.or.tz)

What categories or type of works are protected by copyright? The Copyright Law protects: literary and artistic works to include books, pamphlets and writings including computer programs; lectures, addresses, Sermons and works of the same nature; dramatic and dramatico – musical works, musical works (vocal and instrumental),

Categories of work cont…………. Whether or not they include accompanying words; choreographic works and pantomimes; cinematographer works, and audio-visual works, works of drawing, painting, architecture, Sculpture, engraving, lithography and tapestry;.

Categories of work cont…………. Photographic works including works expressed by processes analogous to photography; works of applied art, handicraft or produced on an industrial scale, illustrations, maps, plans, sketches and three dimensional works relative to geography, topography, architecture or science

What criteria must a work meet to qualify for protection? The main criterion for the protection of copyright in Tanzania is that the work has to be original and it receives automatic protection. This means that it originates from the author himself/herself. For registration purposes It has to be fixed in a tangible form.

What aspects of a work are not protected by copyright? News of the day published, broadcast or publicity communicated by any other means and any idea, procedure, method of operation, concept principle, discovery or mere data,

What are economic rights? The economic rights relate to the following acts reproduction of the work; distribution of the work; the rental of the original or a copy of an audio-visual work, work embodied in a sound recording, computer program, A database, or musical work in the form of notation, irrespective of the ownership of the original or copy concerned;

Economic rights cont…………. h) public exhibition of the work, i) translation of the work j) adaptation of the work; k) public performance of the work; l) broadcasting of the work; m) other communication to the public of the work; n) Importation of copies of the work

What are moral rights? The author of a protected work has moral rights to claim authorship of his work, in particular that his authorship be indicated in connection with any of the acts referred to in economic rights and to object to and to seek relief connection with, any distribution, mutilation other modification of, and any other derogative action in relation to, his work, where such action would be or is prejudicial to his honor or reputation.

What rights do “related rights” provide? The types of related rights granted in Tanzania are those related to Performers, Producers of phonogram and broadcasting organizations. All these are administered by COSOTA.

How long do copyright and related rights protections last? The author’s economic and moral rights in Tanzania are protected during his/her life and fifty years after his/her death. Joint authorship protected during the life of the last surviving author and fifty years after his death.

What do you have to do to obtain copyright or related rights protection? Copyright protection in Tanzania applies on the sole fact of creation of such work; there is no necessary requirement of registration of such work.

How do you prove that you are the owner of copyright? The copyrighted work is protected and recognized by virtue of creation, any person whose work is infringed can institute a suit in a court of law but he/she will have to produce evidence that the work is his own original creation.

How can you generate income from creative works? One can generate income from his/her creative work by either in his capacity or by authorizing another person to act in his capacity in one or all of his rights; to sell, license and assign others to reproduce, distribute, rental of the original or a copy of an audio-visual work, etc

Examples of Tanzanian creative works generating income George Lilanga’s works currently utilised by Tanzanian entrepreneurs Africa sana’s designs Tinga Tinga paintings licensed to Tiger aspects Traditional dances performed locally and internationally by groups such as Parapanda Arts Festivals Bagamoyo, Zanzibar, Makumbusho etc.

When do you need permission to use the works of others? In Tanzania one can use the author’s protected work, either in the original or in translation without authors' consent (free use). Permission is needed if one wants to exploit rights owned by others for commercial purposes to enhance the value or efficiency of his business thus the obligation to pay remuneration for the use of the work.

When is a work in the public domain? When the work has lasted 50 years after the death of the author it becomes in the public domain hence anyone can use it without any permission.

When is your copyright infringed? The copyright is infringed when one uses the authors work for commercial purpose/gain without the author’s permission or one privately use the author’s work freely and the use conflict with normal exploitation of the work and unreasonably prejudice the legitimate interest of the author.

What should you do if your rights are likely to be or have been violated? If a person whose right are in imminent danger of being infringed or have been infringed, may institute proceedings in the United Republic of Tanzania Courts for an injunction, prohibit the continuation of the infringement; and/or payment of any damages.

CONCLUSION Creative expression benefits the copyright owner and the ones surrounding him as from grass root level to international level. There will be controlled commercial exploitation of original works which will generate income for: individuals, small and medium sized enterprises thus this creativity has to be protected at all costs and action against infringers should be taken. The Copyright Law should have teeth to bite and the Government stands to benefit through effective copyright protection.

REFERENCES Creative Expression: An Introduction to Copyright and Related Rights for Small and Medium-sized Enterprises. WIPO publication No. 918. Copyright and Neighbouring Rights Act No. 7 of 1999 Cap 218 R.E 2002. IP Panorama www.wipo.int/sme/en/multimedia/ Copyright and Neighbouring Rights (Registration of Members and their Works) Regulations, 2005. The Copyright (Licensing of Public Performances and Broadcasting) Regulation 2003. THANK YOU