Copyright Infringement in Tanzania

Copyright infringement is a serious issue that arises when an individual uses a copyrighted work without obtaining permission from the copyright owner or without a legal exception, thereby violating the owner's exclusive rights. It is crucial to understand that copyright infringement cannot occur if the copyright has not been registered with the Copyright Society of Tanzania (COSOTA). This registration is essential for protection. COSOTA safeguards a range of works including literary (e.g., books, articles, software), artistic (e.g., paintings, drawings, photographs), musical (including lyrics), cinematographic (e.g., films, videos), sound recordings, and broadcasts as stipulated in the Copyright and Neighboring Rights Act.

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In Tanzania, copyright infringement can arise when any of the following actions take place without the copyright owner’s explicit authorization:

I. Reproduction which includes photocopying, downloading, or digital replication of the protected work.

ii. Distribution such as selling, sharing, or disseminating copyrighted works, including pirated copies.

iii. Public performance involves playing music, screening films, or performing works in public without a proper license.

iv.? Adaptation or Derivative Works which involves transforming the original work, like translations or adaptations, without the necessary permission.

v.???Broadcasting and Communication which entails broadcasting a work to the public or making it available online without due authorization.

vi.??Piracy which refers to making unauthorized copies of copyrighted works.

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If copyright infringement occurs, the owner has the right to seek remedies through the Court, which can include both civil and criminal sanctions:

i.???Civil Remedies: The copyright holder can initiate a lawsuit to pursue:

ii.??Criminal Penalties: Willful infringement can result in:

-??????? Fines range from TZS 500,000 to TZS 5,000,000.

-??????? Imprisonment for up to 5 years.

-??????? Confiscation and destruction of materials that infringe copyright.

It is important to note that certain uses of copyrighted material may be exempt under Tanzanian law, such as:

i.???Fair dealing for purposes of private study, research, criticism, or review.

ii.??Educational use with the necessary attribution.

iii.?Reproduction for judicial proceedings or matters of public safety.

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Understanding copyright infringement and the associated penalties reinforces the importance of respecting intellectual property rights while also recognizing the spaces for legitimate use.