The Copyright and Neighbouring Rights (Copyright Levy on Blank Devices) Regulations, 2023

These Regulations may be cited by the stated name.

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Jurisdiction: Tanzania
Instrument: Regulation
Citation: The Copyright and Neighbouring Rights (Copyright Levy on Blank Devices) Regulations, 2023
Version: Undated source snapshot
Language: en
Official source: View official record ↗

bank account notification collective management compliance reporting confiscation copyright levy definitions device sales fund distribution imports levy levy collection manufacturing premises inspection premises sealing record keeping regulatory compliance royalty distribution

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These Regulations may be cited by the stated name. This section defines key terms used in the Regulations, including Act, blank device, copyright levy, Minister, Office, and organisation. A copyright levy is charged on the value of certain blank devices, including radios or TV sets enabling recording, analogue audio recorders, analogue video recorders, CD or DVD copiers, digital jukeboxes, and MP3 players, subject to section 48A of the Act. Manufacturers of blank devices made in Tanzania must pay the levy, and importers must pay it when imported blank devices enter Tanzania. The Tanzania Revenue Authority must collect the copyright levy using ordinary customs and revenue collection procedures.

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Provisions of The Copyright and Neighbouring Rights (Copyright Levy on Blank Devices) Regulations, 2023

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1
Citation
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AI-assisted research summary: These Regulations may be cited by the stated name.

1. These Regulations may be cited as the Copyright and Neighbouring Rights (Copyright Levy on Blank Devices) Regulations, 2023. Interpretation
2
3. Copyright levy
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AI-assisted research summary: This section defines key terms used in the Regulations, including Act, blank device, copyright levy, Minister, Office, and organisation.

2. In these Regulations, unless the context otherwise Cap. 218 requires- “Act” means the Copyright and Neighbouring Rights Act; “blank device” means blank material, apparatus or equipment used or capable of being used to copy or transfer protected work; “copyright levy” or “levy” means the levy imposed on blank devices pursuant to section 48A of the Act; “Minister” means Minister responsible for copyright; “Office” means the Copyright Office of Tanzania established under section 46 of the Act; “organisation” means collective management organisation. Copyright levy
3
Copyright levy
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AI-assisted research summary: A copyright levy is charged on the value of certain blank devices, including radios or TV sets enabling recording, analogue audio recorders, analogue video recorders, CD or DVD copiers, digital jukeboxes, and MP3 players, subject to section 48A of the Act.

3. Subject to section 48A of the Act, copyright levy shall be charged on the value of the following blank devices: radio or tv sets enabling recording; (a) (b) analogue audio recorders; (c) analogue video recorders; (d) CD or DVD copier; (e) digital jukebox; (f) MP3 player. 2 Copyright and Neighbouring Rights (Copyright Levy On Blank Devices) Regulations GN. NO. 378(Contd) Payment of levy Collection of levy (a) (b)
4
5. Collection of levy
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AI-assisted research summary: Manufacturers of blank devices made in Tanzania must pay the levy, and importers must pay it when imported blank devices enter Tanzania.

4. The levy payable under these Regulations shall- in the case of devices manufactured, produced or assembled in Tanzania, be paid by a manufacturer of blank devices; and in the case of imported blank devices, be paid by the importer at the point of entry into Tanzania.
5
Collection of levy
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AI-assisted research summary: The Tanzania Revenue Authority must collect the copyright levy using ordinary customs and revenue collection procedures.

5.-(1) The copyright levy shall be collected by the Tanzania Revenue Authority in accordance with the ordinary customs and revenue collection procedures. (2) The levy collected under this regulation shall be deposited into a bank account maintained by the Office for that purpose. (3) For purposes of implementation of subregulation (2), the Office shall, in writing, notify the Tanzania Revenue Authority of the bank account into which the levy collected shall be deposited. Distribution of levy
6
Distribution of levy
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AI-assisted research summary: The Office must distribute levy proceeds as specified and pay remuneration due from those funds; collective management organisations must further distribute remuneration under the Office-approved rules.

6.-(1) The Office shall pay appropriate remuneration due to an author or an organisation out of the levy collected under these Regulations in accordance with the following distribution: (a) (b) ten percent to the Culture and Arts Trust Fund; twenty percent purposes; ten percent as dividend to the Government; and to (c) (d) sixty percent shall be distributed equally among all the Office for administration Record keeping and inspection collective management organisations. the (2) The organisations shall further distribute remuneration for musical, audiovisual and literary works in accordance with the Distribution Rules approved by the Office.
7
Record keeping and inspection
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AI-assisted research summary: People who manufacture, assemble, or import devices subject to a copyright levy must keep books, file periodic returns when required by the Office, and allow a copyright inspector to inspect the premises at a reasonable time.

7. A person engaged in the manufacture, assembling or importation of any device for which copyright levy is payable shall- (a) keep such books and file periodic returns as may be required by the Office; (b) grant access to a copyright inspector at a reasonable 3 Copyright and Neighbouring Rights (Copyright Levy On Blank Devices) Regulations GN. NO. 378(Contd) time to carry out inspection of the premises. Confiscation and sealing of premises
8
Confiscation and sealing of premises
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AI-assisted research summary: The Office or Tanzania Revenue Authority may confiscate unpaid-levy device consignments and may seal relevant premises if necessary until the levy is paid.

8. The Office or Tanzania Revenue Authority may, where levy has not been paid by a manufacturer, assembler or importer as required under these Regulations, confiscate any consignment of devices for which levy is payable and may where it is considered necessary, seal any premises used for the purpose of manufacturing, assembling or storage of such materials pending the payment of the prescribed levy. Offences and penalties
9
Offences and penalties
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AI-assisted research summary: Anyone who breaches these Regulations commits an offence and may face the penalty set out in the Act after conviction.

9. Any person who contravenes these Regulations commits an offence and shall, on conviction, be liable to the penalty prescribed in the Act. Dodoma 18th May, 2023 PINDI H. CHANA, Minister for Culture, Arts and Sports 4

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The Copyright and Neighbouring Rights (Copyright Levy on Blank Devices) Regulations, 2023

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