1.0.

INTRODUCTION

Copyright plays a crucial role in protecting the intellectual property rights of creators and ensuring fair
compensation for their work. In Tanzania, the Copyright Society of Tanzania (COSOTA) serves as the
primary organization responsible for overseeing copyright matters in the country. Established to
safeguard the rights of creators and promote creativity, COSOTA plays a vital role in enforcing copyright
laws, collecting royalties on behalf of rights holders, and raising awareness about intellectual property
rights. The history of Copyright in Tanzania before and after colonialism until to the formation of
COSOTA. Understanding the functions and significance of COSOTA is essential in appreciating the
importance of copyright protection in Tanzania’s creative industry.This work focuses in revealling the
core functions of COSOTA as a copyright entity and it also portrays on the legal framework and
important aspects encroached towards COSOTA .

1.1.What is Copyright ?

The question is immensely guiding us to dwelve upon the copyright society of Tanzania .Hence forth the
general knowledge with regard to copyright is essential to be provided. Copyright refers to the legal
right of the owner of intellectual property. In simpler terms, copyright is the right to copy. This means
that the original creators of products and anyone they give authorization to are the only ones with the
exclusive right to reproduce the work.Copyright is a crucial aspect of intellectual property law that
protects original works of authorship from unauthorized copying, reproduction, and distribution. 1 Copy
right in Tanzania are protected under the Copy right Act .2

1.2.Copy right protection in Tanzania before and during colonialism

It is stated and affirmed that history can not be ignored in order to get a clear picture and understanding
of any concept .There is no vivid writings that specifically provide that copyright protection was simply
present in ancient African societies including Tanza .But it can be traced that some works which
belonged to a certain community were owned and protected by the local chiefs but there were no
codified rules .forexample The logo trive from Dodoma their traditional songs such as chianti and
others were owned by chiefs but protected by the clan leader or a farm leader through which such
songs were protected and hence individuals were urged to seek for permission from local chiefs before
taking the songs to another Group .Despite having various works of Arts such as the Ancient Arts in
Isimila and London caves ,Swahili literature books such as Utendi wa Pambula and all this works were
protected by the chiefs of a particular tribe but still there is no prove to the existence of copyright
protection of those inventions and creations. 3

In Tanzania copyright emerged as a result of the nature of the legal systems during the colonial era and
hence it led to the emergence of the current copyright law and further the effect lasts up to date leading
1
https://abcattorneys.co.tz/the-copyright-protection-process-in-tanzania/#:~:text=Copyright%20is%20a%20crucial
%20aspect,copying%2C%20reproduction%2C%20and%20distribution.

2
RE [2002]

3
George, Joseph, (1996). “African literature,” in Gordon UnderstandingContemporary Africa.Gordon University pg 12 .
to emergence of institutions such as COSOTA .The codification of copyright law came only with the
copyright act of 1911 .This Act also known as the imperial copyright Act applied in colonial territories
and was the model for most of the early copyright legislation in commonwealth countries and this
occurred during the British rule.After attaining the independence from the British Colonial Master, the
Copyright Ordinance Chapter 218
by Act No. 61 of the 1966 was enacted. It is from this Act which resulted to the enactment of the new
Copyright Legislation in 1999 which it is still in operation currently although it has undergone various
amendments by virtue of its regulations. 4

1.3 .Establishment and Legal framework of COSOTA

The legal framework pertaining to Copyright in Tanzania is traced back during colonialism first
introduced by virtue of the Copyright Ordinance .5 the first copyright legislation. We're the legislation
lasted for 5 years after independence the Copyright Ordinance was repealed and Act no. 61 of 1966 was
enacted. 6The basis of copyright protection is that it protects artistic work, however such work has to be
in written form and the author must show that the work originated from him.In 1999 the Act was
repealed to enact The Copyright and Neibouring Rights Act. This is up to date with Revised Edition Cap
218 of 2002. The objective of the Act by virtue of section 2 of the respective Act is to To promote literal
and artistic work and to safe guard expression of traditional culture.Furthermore the act is also a
member of various international conventions. Forexample to least down few the act aligns with various
rules and Principles of some conventions including the Berne Convention. 7 And the trips agreement or
the world trade Organisation. 8

COSOTA was established in 1999 under Section 46.9It has a dual system that is to say it plays two roles
at a time .It as a collective management and also it acts as a copyright office .COSOTA is vested with
responsibility to promote ,protect the interests of performers, translators,producers of sound recordings
,broadcasters and publishers among others.it is also an institution vested with mandate to issue
licences to the users of copyrighted works for public performance ,broadcasting, production and rental
rights among others .

4
J ulien Hofman (2009). Introducing Copyright .A Plain guide to copyright. In the 21st century, Vancouver, Commonwealth of
Learning p.5.

5
[1924]

6
Act no. 61 of [1966]

7
The Berne Convention for the Protection of Literary and Artistic ,Works of 9 September 1886 as last revised at Paris on 24th
Julyy 1971 and amended in 1979 .Available at www.org.Retrieved on 13th May 2024

8
28Agreement on Trade Related Aspects of Intellectual Property Rights,April 15 1994 ,Annex IC Marrakesh Agreement
Establishing the World Trade Organisation 1869 U.N.T.S.299 ,33 I.L.M.81 (1994)

9
Act no 7 of [1999]
1.4.Copy right registration and Legal procedure in Tanzania and Collective management of copyright in
Tanzania.

For an individual to be eligible for copyright protection in Tanzania must be a national of Tanzania with
his or her habitual residence in Tanzania with works published in Tanzania, irrespective of the nationality
or residence of their authors .If the work was first published in a foreign country the foreign country
must have the same protection to the work like the protection offered in Tanzania. The are also
requirements for filling application for registration of copyright which is made in a prescribed form
accompanied by specific documents .The specific requirements are respectively provided in provision
4(1).10

Collective management of copy right in Tanzania is

10
The Copyright and Neighbouring Rights Act (CAP 218)[2023]