The Copyright and Neighbouring Rights (Licensing and Rights to Benefit from Re-Sale) Regulations, 2022

1. RIGHTS: These distribution rules relate to the following rights assigned to the Society (a) The Copyrights of national and foreign works for the following types of uses: (Communication to the public, and Reproductions made of the works. (b) The Rights of the artists within Tanzania for the following types of uses: Communication to the public, and Reproductions (c) In case where tariff applies to both categories of rights hereinbefore mentioned the income from royalties based on such tariff shall be distributed in the following manner: Artistic (Music) work 50% for the national /foreign authors of musical 50% for the performing artists and the producers of sound recordings. Artistic (Dramatic) work 100% for the national/foreign author/Producer/Director of dramatic works subject to the agreed contract; Literary work 100% for the national/foreign authors of literary works subject to the agreed contract

2. RIGHTS OF AUTHORS OF MUSICAL, DRAMATIC WORKS (a) Distribution class: All royalties due to the national and foreign authors as well as to performing artists of musical works shall be deemed to come from the following distribution class. Class 4 Telecommunications, Digital/Online services & Web/Simul-casting- communication to the public and reproduction. 25 Copyright and Neighbouring Rights (Licensing and Rights To Benefit From Re- Sale) GN. NO.137 (Contd.) (b) Attribution of the royalties to the distribution class: The royalties collected on the basis of the Society tariffs shall be attributed to the distribution classes as follows: - Class 4 Tariffs for Telecommunications & Digital/Online (c) Log sheets or lists to be used for distribution: The following log sheets or lists claimed from the users shall be considered as the basis for the distribution. Class 4 The list of ringtones and downloads supplied by the Telecoms companies and online service providers. All log sheets or lists received by the Society shall be used for purposes of distribution, except those log sheets or lists which are illegible, obviously incorrect or incomplete. Log sheets or lists received by the Society after the period of its distribution activities shall be taken into account during the next distribution period. (d) Specific rules for the distribution classes: Class 4 The distribution shall correspond with the number of actual downloads or reproductions per work. (e) Distribution Keys: The following distribution keys shall apply in all domestic works and all foreign works without documentation showing a different key: Manuscript Works Published works Composer of music Publisher of Music Composer of Music Author of words Publisher of Music Composer of Music Adapter of Music Publisher of Music 100% - 50% 50% - 80% 20% - 26 50% 50% 25% 25% 50% 40% 10% 50% Copyright and Neighbouring Rights (Licensing and Rights To Benefit From Re- Sale) GN. NO.137 (Contd.) Composer of Music Author of Words Adapter of Music Publisher of Music 40% 40% 20% - 20% 20% 10% 50% In case there is a sub-publisher, the original publisher and the sub-publisher shall share their 50% share as stipulated in their contract. If this contract shall not be notified to The Society, equal shares of 25% each shall be attributed to the publisher and the sub-publisher. (a) Works of Unknown Authors Works of authors who cannot be identified shall not be taken into consideration for distribution of royalties. (b) Works of deceased members Works of Author who is deceased shall be distributed to his/her beneficiaries as prescribed in his/her work registration (c) Periods of Distribution The period of distribution shall be fixed as follows: - Class 4 April 1st to March 31st to be distributed not less than once a year Distribution statements shall be sent not later than 3 months after the end of each distribution period.

3. RIGHTS OF THE PERFORMING ARTISTS AND OF THE PRODUCERS OF SOUND RECORDINGS. 27 Copyright and Neighbouring Rights (Licensing and Rights To Benefit From Re- Sale) GN. NO.137 (Contd.) (a) Distribution Class: The distribution of royalties due to the national performing artists and the national producers of sound recording shall be effected in accordance with distribution class 4 above. (b) Log sheets or lists used for distribution: The complete log sheets or lists shall be the basis for the distribution. All log sheets or lists received shall be used for the purpose of distribution, except those log sheets or lists which are illegible or obviously incorrect or incomplete. Log sheets or lists received by the Society after the end of its distribution period shall be used during the next distribution period. (c) Distribution Keys: The following distribution keys shall be applied: Performance on own record Performance on commercial Tape of broadcaster record of a Tanzanian or Foreign Record-Producer (i) Performing Performing Artists- 50% Artist - 100% Producer - 50% (ii) (iii) (iv) In the case of groups of performing artist, each group member shall receive an equal share. Performance of unknown performing artists and records of unknown producers of sound recordings. Performance of artists who cannot be identified shall not be taken into consideration for distribution of royalties.

4. DEDUCTION OF COSTS OF ADMINISTRATION Before attributing the royalties to the different distribution classes, a percentage to cover administration costs of the Society shall be deducted from all the royalties collected. The percentage of the deduction shall correspond with the effective costs of administration of the Society without aiming at accumulating a reserve or making profit but it shall not exceed 30% of the Gross Royalty collections.

5. TANZANIA CULTURE AND ARTS FUNDS After the deduction of the costs of administration as set out in Item 4, Five percent (5%) of the royalties accruing from the rights of the authors, performers and producers of sound recording, of musical literary and dramatic works shall be paid to the fund for Tanzania Culture and Arts Funds. 28 Copyright and Neighbouring Rights (Licensing and Rights To Benefit From Re- Sale) GN. NO.137 (Contd.)

6. ROYALTIES RECEIVED FROM FOREIGN SOCIETIES Royalties received from foreign societies shall be paid as soon as possible to the members of the Society, after deduction of a handling charge of 5% to cover administration costs of the Society.

7. Money for foreign societies not signatory with the Society will be held in reserve funds for three years after which if not distributed to owners it will be used to cover administrative costs. Dodoma, MOHAMED OMARY MCHENGERWA ………………., 2022 Minister for Culture, Arts and Sports 29