Commons:Copyright rules by territory/Tanzania
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Copyright rules: Tanzania Shortcut: COM:TANZANIA | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Create/publish + 50 years |
| Audiovisual | Create/publish + 50 years |
| Applied art | Create + 25 years |
| Other | |
| Common licence tags | {{PD-Tanzania}} |
| ISO 3166-1 alpha-3 | TZA |
| Treaties | |
| Berne convention | 25 July 1994 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1929 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Tanzania relevant to uploading works into Wikimedia Commons. Note that any work originating in Tanzania must be in the public domain, or available under a free license, in both Tanzania and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Tanzania, refer to the relevant laws for clarification.
Background
In the late 19th century Germany formed German East Africa, which became the British colony of Tanganyika after World War I. Zanzibar was a separate colonial jurisdiction. Following their respective independence in 1961 and 1963, the two entities merged in April 1964 to form the United Republic of Tanzania.
Tanzania has been a member of the Berne Convention since 25 July 1994 and the World Trade Organization since 1 January 1995.[1]
Governing laws
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighbouring Rights Act, 1999 as the main copyright law enacted by the legislature of Tanzania.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Copyright and Neighbouring Rights Act, 1999 became operational from December, 31, 1999.[3][4]
Special laws apply to works originating in Zanzibar, which are covered by the Zanzibar Copyright Act, 2003.[5]
The Tanzanian Copyright and Neighbouring Rights Act, 1999 repealed the Copyright Act 1966, while the Zanzibari Copyright Act 2003 repealed the English Copyright Act 1956 as extended to Zanzibar by order in Council of 1962.
General rules
Prior to 1966 {{PD-UKGov}} applies.[6] The general copyright term, both before and after independence, is 50 years after the death of the last surviving author.
Under the 1999 Copyright and Neighbouring Rights Act a work first published in Tanzania is now in the public domain if it meets one of the following criteria:
- It is an anonymous work or pseudonymous work and 50 years have passed since the date of its publication (or creation, whatever date is the latest)
- It is an audiovisual work, and 50 years have passed since the date of its publication (or creation, whatever date is the latest)
- It is a work of applied art and 25 years have passed since the date of its creation
- It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
- It is one of "laws and decisions of courts and administrative bodies as well as to official translations therefore"
For all post 1999 cases {{PD-Tanzania}} would apply.
Not protected
Works not protected under the Tanzanian Copyright and Neighbouring Rights Act (1999) are: laws and decisions of courts and administrative bodies as well as to official translations thereof; news of the day published, broadcast or publicly communicated by any other means; and any idea, procedure, method of operation, concept, principle, discovery, or mere data, even if expressed, described, explained, illustrated or embodied in a work.[1999 Section 7]
The Zanzibari Copyright Act, 2003 provides a near-identical list of unprotected works under section 5, with the exception of "news of the day" (which isn't listed, and they probably treat it as a copyrightable work).
Freedom of panorama
See also: Commons:Freedom of panorama
In both Zanzibar and the rest of Tanzania: 
Not OK for most cases. Both the Tanzanian Copyright and Neighbouring Rights Act (1999) and the Zanzibari Copyright Act (2003) do not grant Freedom of Panorama for the free shooting and use of still images (photographs) of copyrighted works of art and architecture permanently located in public spaces. The Tanzanian law only allows audio-visual reproduction of such works; {{FoP-Tanzania}} can only be used for audio-visual files, not for photographic files. The Zanzibari law, on the other hand, does not provide any provision resembling FoP.
- (For Tanzania) "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 so reproduced, if 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."[1999 Section 12(6)]
Per Part I, Preliminary provisions, audiovisual work is defined as "a 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."
- Works of folklore permanently located in public places
Not OK, both the Tanzanian and the Zanzibari copyright laws do permit the inclusion of such works in photographs and broadcasts, but only for "incidental utilization".
- (For Tanzania) "The provisions of section 25 shall not apply in the following cases – incidental utilization of an expression of folklore, including in particular – utilisation of objects containing the expression of folklore which are permanently located in a place where they can be viewed by the public, if the utilization consists including their image in a photograph, in a film or in a television broadcasting."[1999 Section 26(d)(ii)]
- (For Zanzibar) "The provisions of section 28 of this Act shall not apply in the following cases: incidental utilization of an expression of folklore, including in particular – utilization of objects containing the expression of folklore which are permanently located in a place where they can be viewed by the public, if the utilization consists including their image in a photograph, in a film or in a television broadcasting."[2003 Section 29(d)(ii)]
See also: Category:Tanzanian FOP cases. - See also: Category:Zanzibari FOP cases.
See also
Citations
- ↑ a b Tanzania Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Copyright and Neighbouring Rights Act, 1999. Tanzania (1999). Retrieved on 2018-11-04.
- ↑ Samuel Wangwe et al.. Country Case Study for Study 9: Tanzania 9. Commission on Intellectual Property Rights. Retrieved on 2019-01-13.
- ↑ Stephen Mtetewaunga (October 1999). Presentation of the new copyright act of Tanzania. WIPO. Retrieved on 2019-01-13.
- ↑ The Zanzibar Copyright Act, 2003. Zanzibar. Retrieved on 2018-11-07.
- ↑ Johansein (4 November 2010). Intellectual property right in Tanzania 2. Tanzania. Retrieved on 2019-01-13.