THE COPYRIGHT AND NEIGHBOURING RIGHTS (COPYRIGHTED WORKS-COMMUNICATION TO THE PUBLIC) REGULATIONS, 2015
These Regulations may be cited by their full title and come into operation on the date of publication.
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- Jurisdiction
- Tanzania
- Instrument
- Regulation
- Citation
- THE COPYRIGHT AND NEIGHBOURING RIGHTS (COPYRIGHTED WORKS-COMMUNICATION TO THE PUBLIC) REGULATIONS, 2015
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- Language
- en
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Statute overview
About this statute
These Regulations may be cited by their full title and come into operation on the date of publication. These Regulations apply to copyrighted works communicated to the public. This section defines key terms used in the Regulations. A person must not communicate a work to the public or reproduce it if copyright and neighbouring rights subsist, unless a listed exception applies. A person reproducing works relating to copyright and neighboring rights must apply to the Society for a license.
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Provisions of THE COPYRIGHT AND NEIGHBOURING RIGHTS (COPYRIGHTED WORKS-COMMUNICATION TO THE PUBLIC) REGULATIONS, 2015
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- 1 Verify source ↗
These Regulations may be cited as the Copyright and
AI-assisted research summary: These Regulations may be cited by their full title and come into operation on the date of publication.
1. These Regulations may be cited as the Copyright and Neighbouring Rights (Copyrighted Works-communication to the Public) Regulations, 2015 and shall come into operation on the date of publication. Application - 2 Verify source ↗
These Regulations shall apply to copyrighted works
AI-assisted research summary: These Regulations apply to copyrighted works communicated to the public.
2. These Regulations shall apply to copyrighted works in communication to the public. Interpretation Cap.218 - 3 Verify source ↗
In these Regulations, unless the context otherwise
AI-assisted research summary: This section defines key terms used in the Regulations.
3. In these Regulations, unless the context otherwise requires: “Act” means the Copyright and Neighbouring Rights Act; “appellant” means a person who lodges an appeal before the Minister; “communication to the public” means transmission by wire, or without wire, of the images of sound or both, of a work, a performance, a sound recording or a broadcast, in such a way that the images or sounds is perceived or accessed by person outside the normal circle of a family and its closest social acquaintances at a place so distant from the place where the transmission images or sounds is not perceivable or accessible and, further, irrespective of whether the person receives or access the images or sound at the same place and time, or at different places or times individually chosen by them; “license” means a license issued under regulation 7(1); 1 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) “Minister” means Minister responsible for copyright and neighboring rights; “respondent” means a person against whom an appeal has been lodged or filed to the Minister; Cap.218 “Society” means the Copyright Society of Tanzania established under section 46 of the Act. License to communicate to the public and reproduce - 4 Verify source ↗
A person shall not communicate to the public, or
AI-assisted research summary: A person must not communicate a work to the public or reproduce it if copyright and neighbouring rights subsist, unless a listed exception applies.
4. A person shall not communicate to the public, or reproduce a work which a copyright and neighbouring rights subsists except: (a) under a license issued by Society; (b) authorized by the owner of the work regulated by the Society; or Cap.218 (c) free use if it is in accordance to the Copyright and Neighbouring Rights Act. Application for license - 5 Verify source ↗
(1) A person who makes reproduction of works
AI-assisted research summary: A person reproducing works relating to copyright and neighboring rights must apply to the Society for a license.
5.-(1) A person who makes reproduction of works relating to a copyright and neighboring rights shall apply for a license to the Society. (2) Every application for a license shall be made to the Society by filling a form No. CST F.1 in a manner set out in the First Schedule to these Regulations. Consideration of application - 6 Verify source ↗
The society shall, before granting a licence, take into
AI-assisted research summary: Before granting a licence, the society must consider the application information, the applicant’s reputation and competency, and whether licence limitations and other legal obligations are met.
6. The society shall, before granting a licence, take into account- (a) that the application contain information as prescribe in the regulations; (b) the reputation of the applicant and competency of the applicant in conducting the activity applied for; (c) that an applicant for a license complies with the license limitations and any other obligations imposed by these Regulations and any other written laws. Obligations of licensee - 7 Verify source ↗
(1) An applicant shall pay the initial license fee to
AI-assisted research summary: Applicants must pay the initial license fee to the Society, and licensees must make annual payments and submit specified documents on the anniversary month schedule.
7.-(1) An applicant shall pay the initial license fee to the Society, for the first year ending on the expiry date, of the license in a manner stipulated in the license. 2 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) (2) The Licensee shall on the first day of the anniversary month of each and every year following licence- year shall- (a) furnish to the Society with a statement defined in the terms and conditions, and as certified by an auditor or accountant, or in a manner acceptable to the Society in respect of the preceding twelve months; (b) pay to the Society the amount by which the provisional licence fee calculated and payable for the preceding licence-year, exceeds the license fee paid, or which became payable, for the same period; (c) for the next licence-year a provisional license fee calculated hereto; provided that, if the licence fee for any licence-year exceeded the actual licence fee for the same period, the Society, in its sole discretion, may either allow such excess amount as a credit against the provisional fee for the next licence-year, or refund same to the licensee; (d) furnish to the registration documents including Tax Identification Number (TIN); and society business (e) furnish to the Society completed log sheets. Issue of licence - 8 Verify source ↗
(1) Subject to the provisions of sub regulation (4),
AI-assisted research summary: The Society must issue a licence subject to stated conditions, fees, and form requirements, and it may refuse a licence or vary certain tariffs in defined cases.
8.-(1) Subject to the provisions of sub regulation (4), the Society shall issue a licence in a form set out in the First Schedule to these Regulations, subject to:- (a) the terms and conditions specified in the Schedule, including the submission of form No. CST F.1 as set out in the First Schedule to these Regulations; and 3 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) (b) the payment of applicant fees corresponding to the appropriate tariff specified in the Second Schedule to these Regulations. (2) Subject to subregulation (1), the Society may communicate with the Minister to make an adjustment to the published tariff rates of Official Consumer Price Index, as published from time to time by the National Bureau of Statistics of Tanzania. (3) The Tariff to under subregulation (2) shall not exceed rate of inflation as mentioned in the Official Consumer Price Index. adjustment referred (4) The Society may make variations in the application of specific tariffs as may be considered appropriate when licensing premises or users is not falling within the scope of a specific tariff as prescribed in the Second Schedule. (5) A licence shall be valid only for the purpose for which it has been issued and for the period specified in the terms and conditions in respect to the premises or user, specified thereon. (6) The Society may refuse to issue a licence and give reasons in writing to the applicant for such refusal. Renewal of licence
Part
Schedule to these Regulations, subject to:-
- 9 Verify source ↗
(1) A person whose business licence is about to
AI-assisted research summary: A person whose business licence is about to expire must apply to renew it, and the application must be made within 30 days before the licence expires.
9.-(1) A person whose business licence is about to expire shall make an application for renewal of his licence to the society. (2) Subject to subregulation (1) an application for renewal of licence shall be made within thirty days before expiration of subsisting licence. Duplicate licence - 10 Verify source ↗
(1) The Society may upon payment of a prescribed
AI-assisted research summary: The Society may issue a duplicate licence if the original is lost, stolen, or destroyed, and the licensee must apply in writing with supporting documents and pay the duplicate licence fee.
10.-(1) The Society may upon payment of a prescribed fee, issue a duplicate licence to a licensee where the original is lost, stolen, or destroyed. 4 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) (2) A licensee whose licence is lost stolen or destroyed shall make an application to the society in writing accompany by:- (a) a photocopy of his original licence; (b) a police loss report; (c) any other information or document as the Society may require. (3) An application referred to under this regulation shall be accompanied by a duplicate licence fee of fifty thousand shillings. License to be displayed - 11 Verify source ↗
(1) The licensee shall display the licence in a
AI-assisted research summary: The licensee must display the licence in a prominent and visible place.
11.-(1) The licensee shall display the licence in a prominent and visible position. (2) The Society may require the licensee to show the licence issued to him when need arises. Revocation of licence - 12 Verify source ↗
(1) The society may revoke the licence if a
AI-assisted research summary: The society may revoke a licence for listed compliance and fraud-related reasons, and it must give the licensee a written show-cause notice within 14 days before revocation or suspension. The licensing authority may also revoke the licence if the licensee ignores that notice.
12.-(1) The society may revoke the licence if a licensee- (a) engages in activities beyond scope of operations authorized under the licence; (b) is in a possession of a licence issued as a result of false or fraudulent representation; (c) is in contravention of any provision of the Act, these Regulations, Anti Money Laundering Act and any other written laws; (d) breach any condition attached to the licence. (2) The society shall issue a written notice within fourteen days to the licensee to show cause why the licence should not be revoked or suspended. 5 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) Distribution Appeals (3) The licensing authority may revoke the licence where the licensee fails to comply with the notice issued under sub-regulation (2). - 13 Verify source ↗
The Society shall pay royalties in accordance with
AI-assisted research summary: The Society must pay royalties, or other appropriate remuneration, according to the procedures in the Third Schedule.
13. The Society shall pay royalties in accordance with the procedures stipulated in the Third Schedule or other appropriate remuneration accrued or due to the person entitled thereto out of the fees collected by the Society under these Regulations. - 14 Verify source ↗
(1) Any person who is aggrieved by a decision of
AI-assisted research summary: A person aggrieved by a refusal to issue a licence may appeal to the Minister within 30 days, and the appeal must be written, numbered, signed, and dated.
14.-(1) Any person who is aggrieved by a decision of the Society in regard to refusal to issue a licence may, appeal against the decision to the Minister for review within thirty days from the date of decision. (2) Pursuant to sub-regulation (1), the appeal to the Minister shall be in writing stating the grounds of appeal. (3) Grounds of appeal pursuant to sub-regulation (2) shall be consecutively numbered specifying the points alleged to have been wrongly decided and nature of relief sought from the Minister. (4) Subject to the subregulation (3), the memorandum of appeal shall be signed and dated by the appellant. (5) Pursuant to the provision of this regulation, the Minister upon considering the grounds for appeal, may dismiss the appeal, set aside the decision and substitute it or vary the decision and shall notify the appellant and respondent on such decision. Appeal withdraw - 15 Verify source ↗
(1) The appellant may, at any time after filing an
AI-assisted research summary: The appellant may give written notice to stop prosecuting an appeal after filing it and before the Minister decides; upon receiving the notice, the Minister must withdraw the appeal.
15.-(1) The appellant may, at any time after filing an appeal to the Minister and before the Minister makes his decision, issue a written notice that he does not intend further to prosecute the appeal. 6 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) (2) Upon receipt of the notice, the Minister shall withdrawn the appeal. Penalty failure - 16 Verify source ↗
Any person who fails to pay fees on the time
AI-assisted research summary: If a person pays fees late under these Regulations, that person must pay additional fees set out in the Second Schedule.
16. Any person who fails to pay fees on the time specified under these Regulations, such person shall pay an additional fees prescribed in the Second Schedule to these Regulations. General penalty - 17 Verify source ↗
Any person who contravenes the provisions of
AI-assisted research summary: Anyone who breaches these Regulations commits an offence and is liable to the penalty set out in the Act.
17. Any person who contravenes the provisions of these Regulations commits an offence and shall be liable to the penalty prescribed under sections 42 and 36 of the Act. Register of licencee - 18 Verify source ↗
The Society shall maintain a register of licence
AI-assisted research summary: The Society must keep a register of licences.
18. The Society shall maintain a register of licence which shall include- (a) the name and address of the licencee; (b) the business or trading name or names, under which licencee carries on its economic activities; (c) the date on which his licence was granted; (d) the location or the premises at which the licence operates; (e) conditions attached to his licence; (f) any other of revocation or suspension; and (g) any other information, the Society may deem appropriate. Cessation or change of business - 19 Verify source ↗
A licensee shall, as soon as practicable, but not
AI-assisted research summary: A licensee must give the Society written notice if the licensed business stops or a submitted matter changes, and must do so as soon as practicable and within seven days.
19. A licensee shall, as soon as practicable, but not later than seven days, give to the Society a notice in writing if- (a) he ceases to carry on the business to which he was licenced for; or (b) a change occurs in any matter submitted in accordance to the Act and these Regualtions. Transitional provision - 20 Verify source ↗
All copyrighted works communicated to the public
AI-assisted research summary: Copyrighted works already communicated to the public may stay in the market for three months after publication of these Regulations.
20. All copyrighted works communicated to the public with or without written contracts prior to the date on which these Regulations comes into effect, shall remain in the market 7 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) for three months from the date of publication of these Regulations. ___________ FIRST SCHEDULE ___________ (Made under regulation 8) ____________ Form No. CST F.1 COPYRIGHT SOCIETY OF TANZANIA THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, (CAP.218) Application No. ………………. Application for Licence for use of works in which Copyright and/or Neighbouring Rights Subsist (Regulation 4) I/We ……………………………………………………… proprietor(s)/ manager(s) Of …………………………………………………………. apply for a licence to Hold …………………………………………………………………………………… Please tick or mark with X in the appropriate box Type of use - 1 Verify source ↗
Communication to the public of a work
AI-assisted research summary: This section is titled “Communication to the public of a work” and refers to making a work available to the public.
1. Communication to the public of a work or making available to the public of a work - 4 Verify source ↗
Section 4
AI-assisted research summary: This section appears to be a form asking the respondent to specify an “Other” category and tick the applicable service provider type, including telecommunications and digital/online/web-/simul-casting services provider.
4. Other (Specify)………………………………… ……………………………………………..…… 8 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) in which copyright and/or neighbouring rights subsist under the Copyright and Neighbouring Rights Act, Cap 218. Physical Address: …………………………… Telephone No. ………………….. …………………………… Location …………………………. ..………………………… District …………………………… Post Office Box: ……………………………. Email: ………………………………………… Tin No:…………………………...................Please tick or mark with “X” in the appropriate box A. Telecommunications, Digital/Online, Web-/Simul-casting Services Provider: - 1 Verify source ↗
Ringtones
AI-assisted research summary: Section heading: Ringtones.
1. Ringtones .......................................................................................... - 2 Verify source ↗
Ringback tones
AI-assisted research summary: Section 2 is titled Ringback tones.
2. Ringback tones ................................................................................. - 3 Verify source ↗
Digital downloads
AI-assisted research summary: Section heading only: “Digital downloads.”
3. Digital downloads ............................................................................. - 4 Verify source ↗
Web-casting (also complete info in B)
AI-assisted research summary: Section heading for web-casting.
4. Web-casting (also complete info in B).............................................. - 5 Verify source ↗
Simul-casting (also complete info in B)
AI-assisted research summary: Section heading for simul-casting.
5. Simul-casting (also complete info in B)............................................ - 6 Verify source ↗
Section 6
AI-assisted research summary: Section heading only: “Music on Hold.”
6. “Music on Hold”............................................................................... - 7 Verify source ↗
Other (please specify)
AI-assisted research summary: This is a section heading for “Other (please specify)” under activities of web-/simul-casting applicants.
7. Other (please specify)........................................................................ B. Activities of Web-/Simul-casting Applicants: - 1 Verify source ↗
Estimated Radio/Television Content
AI-assisted research summary: This form asks for estimated radio and television content bands and includes a certification that the information is true to the best of the manager/proprietor’s knowledge and belief.
1. Estimated Radio/Television Content: Type of Service Radio Television a. b. c. d. 01% to 24.99% ......................... 25% to 49.99% .......................... 50% to 74.99% .......................... 75% to 99.99%........................... 9 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) I/We …………………………………………….. the Manager/Proprietor of the ………..………….….. Duly authorized, on behalf of the licensee Certify …………………………….………...…… That the above information is true to the Signature of Manager or best of my/our knowledge and belief. Proprietor FOR OFFICIAL USE ONLY Tariff/s Applicable ………………………………………………………………………... Fee/s Payable …………………………………………………………………………..….. File/s Number/s …………………………………………………………………………… ………..…………………… Signature Officer of the Society Checked by: ……………………. Return to: The Copyright Administrator Copyright Society of Tanzania P.O. Box 6388 DAR ES SALAAM +255 22 2700019 Tel: Mobile: +255 (0) 786 464 007/656 084 954 Fax: +255 22 2700020 10 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) Form No. CST F.2 COPYRIGHT SOCIETY OF TANZANIA THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, (CAP.218) _______ LICENCE ________ (Made under regulation 8(1)) ____________ …………………………………………………………………….of ………….……….. (Name and trading name of Licensee) …………………………………………………………………………………………….. (Physical Address & Post Office Box of Licensee) is hereby licensed to ………………………………………………………………….. of works in which copyright and neighbouring rights subsists under the Copyright and Neighbouring Rights Act, 1999, at …………………………………………………………………………….….……………. ……………………………………………………………………………..………………. (Name and location of premises) Subject to the conditions specified in the contract. Issued on ……………day of ……………………..20………….... …………………….....………………………. The Chief Executive Officer & Copyright Administrative Office 11 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) Form No. CST F.3 COPYRIGHT SOCIETY OF TANZANIA THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, (CAP.218) ________ (Made under regulation 6(4)) __________ - 1 Verify source ↗
Only works actually communicated,
AI-assisted research summary: The licensee must mention works actually communicated, performed, or reproduced and the frequency of communication, and provide a P.O. Box and physical address.
1. Only works actually communicated, Performed or reproduced the frequency of communication, should be mentioned P.O.Box of License: …………………………….. Physical Address of Licensee: ……………………………… ……………………………… - 2 Verify source ↗
This report must be signed by the
AI-assisted research summary: This report must be signed and filled in with the required name and work details.
2. This report must be signed by the Name: …………………………………………. Licensee Name of Licensed place ………………………………………………………… SEQ Title of Work Author Composer Arranger/Producer Publisher Any other - 5 Verify source ↗
Section 5
AI-assisted research summary: This section lists the information fields for music and other works, including titles and creator/producer roles.
5. Music Title of work Composer/ Story writer Plays/Dramatic Director Author/Script writer Producer Executive Producer Any other 12 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) Other works Title of Work Author Composer Arranger Publisher Any other SE Q - 4 Verify source ↗
Section 4
AI-assisted research summary: The signer declares that the stated works were actually performed as described.
4. I/We declare that the works stated above were to the best of my/our knowledge and belief actually performed as stated. Date ……………………………….. Name: ………………………………. Capacity: …………………………… Return to: The Copyright Administrator Copyright Society of Tanzania P.O. Box 6388 DAR ES SALAAM Tel: Mobile: +255 (0) 786 464 007/656 084 954 Fax: +255 22 2700020. +255 22 2700019 ISSUED UNDER REGULATION 7(1)(a) TERMS AND CONDITIONS - 1 Verify source ↗
Section 1
AI-assisted research summary: If the licensee is not a real registered entity, the person who signs the agreement is personally liable and bound by the licence terms.
1. If it should appear that the Licensee is a non-existent entity or purports to be a juristic person while it has not been registered as such at the relevant Registrar‟s Office at the date of this agreement, the person signing this agreement as signatory shall be personally liable hereunder and be bound to the terms and conditions of this licence as though the said person was contracted by and designated in this agreement as the licensee. - 2 Verify source ↗
The Society may, in its discretion from time to time revise its tariff which shall become effective
AI-assisted research summary: The Society may revise its tariff from time to time, and any revision takes effect on the second day of the anniversary month after the revision. The Licensee must be notified in writing.
2. The Society may, in its discretion from time to time revise its tariff which shall become effective on the second day of the anniversary month next following the date of such revision, in which event the Licensee shall be notified thereof in writing. - 3 Verify source ↗
Subject to clause 6 hereof, this licence shall continue from year to year until terminated by either
AI-assisted research summary: The licence continues year to year unless either party cancels it by written registered-post notice, normally giving one calendar month’s notice.
3. Subject to clause 6 hereof, this licence shall continue from year to year until terminated by either party giving the other by registered post one calendar month‟s notice of cancellation in writing to expire on the first day of the next anniversary month in any year, provided that in the event of the Society having given notice in terms of clause 2 hereof, the Licensee may forthwith terminate this licence in writing by registered post, subject however to its continued liability in respect of any fees payable hereunder to date of cancellation; provided further that a notice of cancellation by the Licensee shall be valid only if the Licensee shall have ceased altogether the communication to the public of music in the Society „s repertoire by the licensed premises. - 4 Verify source ↗
Section 4
AI-assisted research summary: If the Licensee does not file the required statements within 3 months of the second day of the anniversary month, that default is a material breach and the Licensee must pay damages on demand.
4. If the Licensee should fail to furnish the statements required within 3(three) months of the second day of the anniversary month, such default shall constitute a material breach of contract, which shall, without prejudice to the Society‟s right to demand specific performance, render the Licensee liable to pay the Society on demand as damages an amount equal to double the amount of the provisional fee paid, or which became payable by the Licensee in respect of the preceding licence-year. - 5 Verify source ↗
The Licensee shall notify the Society in writing by registered post within one month of any
AI-assisted research summary: The Licensee must tell the Society in writing about certain changes within one month, and must provide fee-assessment information within 30 days of a written request. The Society must notify the Licensee of any reassessment in writing.
5. The Licensee shall notify the Society in writing by registered post within one month of any change of address, the ownership of the licensee‟s business, or of the trading name of the licensed premises, or in the manner or extent of communication to the public as described in paragraph A hereof. The Licensee shall within thirty (30) days of being requested in writing to do so, furnish the Society with information required for the assessment of licence-fees payable by virtue of any tariff revision, or any change in tariff parameters or any other changes as aforesaid. The Society shall notify the Licensee of any such reassessment in writing. - 6 Verify source ↗
Section 6
AI-assisted research summary: If the Licensee breaches the licence and does not fix it within 30 days after written demand, the Society may cancel the licence by registered mail.
6. If the Licensee should breach the terms and conditions of this licence and fail to rectify such breach within thirty (30) days of the date of a notice of demand in writing to do so, the Society 13 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) may, subject to its right to recover any monies due hereunder, and notwithstanding anything to the contrary herein, cancel this licence forthwith by written notice per registered mail. - 7 Verify source ↗
The Society shall charge 50% of the tariff as late payment fee if the licensee shall not make
AI-assisted research summary: The Society must charge a late payment fee of 50% of the tariff if the licensee does not pay within three months of the original invoice date.
7. The Society shall charge 50% of the tariff as late payment fee if the licensee shall not make payments within three (3) months of the date of original invoice. - 8 Verify source ↗
Section 8
AI-assisted research summary: If the Society sues the Licensee for breach of contract, the Licensee must pay the resulting legal costs, including specified cost items and VAT.
8. If the Society should take legal action against the Licensee for breach of contract, the Licensee shall be liable for all legal costs arising therefrom, calculated on attorney and own client scale, the costs of counsel on brief , and the costs of tracing the Licensee‟s whereabouts, as well as Value Added Tax on the aforementioned costs. - 9 Verify source ↗
The Licensee shall be liable to pay interest on licence-fees remaining outstanding for more than
AI-assisted research summary: The Licensee must pay interest on overdue licence fees if they remain unpaid for more than 2 months after the due date.
9. The Licensee shall be liable to pay interest on licence-fees remaining outstanding for more than 2 months from the due date, calculated monthly in advance from the due date to date of payment at the legal rate current for the time being. - 10 Verify source ↗
This licence shall not extend to or be deemed to authorise
AI-assisted research summary: The licence does not cover several kinds of music use, including certain public communications, performances, and linking to unlicensed music.
10. This licence shall not extend to or be deemed to authorise: (a) The communication to the public in their entirety of oratorios and other choral works and sound recordings thereof, or of excerpts therefrom, of more than 20 minutes duration; ballets and dramatico-musical works or sound recordings thereof, such as operas, musical plays, revues or pantomimes in so far as they consist of material written expressly therefore. (b) The communication to the public of any musical work or sound recording thereof accompanied by any words other than those (if any) published or otherwise associated therewith by the copyright owner. (c) The public performance of the musical works or sound recordings communicated to the public by virtue of this licence. (d) Any communication to the public different in number or type from those on the basis of which this licence has been granted. (e) The license granted shall not apply to any Licensed Service which knowingly or recklessly provides internet or mobile “links” to music which requires a license, but is unlicensed (whether in the form of recordings or notation, scores, lyrics, etc). The inclusion of such links on a Licensed Service shall constitute a material breach of this Agreement (which is capable of remedy). - 11 Verify source ↗
The Licensee hereby chooses as domicilium citandi et executandi the address reflected in
AI-assisted research summary: The Licensee chooses the address in paragraph B as its domicilium citandi et executandi.
11. The Licensee hereby chooses as domicilium citandi et executandi the address reflected in paragraph B hereof. - 12 Verify source ↗
Any notice to be given to the Licensee for the purposes hereof shall, if sent by registered post,
AI-assisted research summary: If a notice is sent to the Licensee by registered post, it is treated as received within 14 business days of the dispatch date.
12. Any notice to be given to the Licensee for the purposes hereof shall, if sent by registered post, be deemed to have been received within fourteen (14) business days of the dispatch date. - 13 Verify source ↗
The Licensee shall not assign this licence without the Society‟s prior consent in writing
AI-assisted research summary: The Licensee must not assign the licence without the Society's prior written consent.
13. The Licensee shall not assign this licence without the Society‟s prior consent in writing. - 14 Verify source ↗
Any indulgence, which the Society may grant to the Licensee, shall not constitute a precedent or
AI-assisted research summary: If the Society grants an indulgence to the Licensee, that indulgence does not create a precedent or waive the Society’s rights.
14. Any indulgence, which the Society may grant to the Licensee, shall not constitute a precedent or a waiver of any of the Society‟s rights in terms hereof, and shall not preclude the Society from exercising its rights in terms hereof. - 15 Verify source ↗
This licence supersedes all previous licences issued to the Licensee in respect of the licensed
AI-assisted research summary: This licence replaces earlier licences for the same premises and cannot be changed or cancelled informally; any amendment must be confirmed in writing and signed by both parties.
15. This licence supersedes all previous licences issued to the Licensee in respect of the licensed premises under the same tariff as that mentioned in paragraph A hereof, and constitutes the entire agreement between the parties. No amendment, deletion or substitution thereto, or consensual, tacit or oral cancellation shall be valid unless confirmed in writing and signed by both parties, provided that a notice of a tariff revision in terms of clause 2 hereof or of a reassessment of fees in terms of clause 5 hereof, shall form part of and be deemed to be incorporated into this licence. 14 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) _____________ SECOND SCHEDULE ____________ (Made under regulation 8) __________ FEES ________ - 1 Verify source ↗
Section 1
AI-assisted research summary: This section appears to introduce tariff treatment for communication to the public and reproduction via telecommunication and digital/online services, including web-/simul-casting and music on hold.
1. Tariff TD Communication to the Public & Reproduction via Telecommunication, Digital/Online service providers, Web-/Simul-casting and “music on hold” A. For Telecommunication/Online service providers and Web-/Simul-casting - 1 Verify source ↗
Ringtones: (incorporating less than 1 minute of a Musical Work and shall mean
AI-assisted research summary: This provision defines “Ringtones” as short audio recordings used to notify a user of an incoming call or message, and notes a less-than-1-minute musical-work limit.
1. Ringtones: (incorporating less than 1 minute of a Musical Work and shall mean a short audio recording incorporating a work (or part thereof) the primary purpose of which is to notify the User of an incoming call or message on a Device.) Fees: - 19 Verify source ↗
2% of Gross Revenue from ringtone services to consumers
AI-assisted research summary: A charge is set at 2% of gross revenue from ringtone services to consumers, with a minimum of Tshs 64 per ringtone delivered.
19.2% of Gross Revenue from ringtone services to consumers subject to a minimum fee of Tshs 64 per ringtone delivered - 2 Verify source ↗
Ring-back service: (audio-only recording, the sole purpose of which is to be
AI-assisted research summary: Ring-back services are charged at 24% of gross revenue, with a minimum fee of Tshs 80 per ring-back tone delivered.
2. Ring-back service: (audio-only recording, the sole purpose of which is to be heard by a Caller when making a call on a Telephone to a User‟s Telephone during the time between initiating a call and the User‟s phone being answered so as to connect the call) Fees: 24% of Gross Revenue from ring-back services to consumers subject to a minimum fee of Tshs 80 per ring-back tone delivered - 12 Verify source ↗
8% of Gross Revenue generated from the services to consumers
AI-assisted research summary: The charge is 12.8% of gross revenue from services to consumers, with minimum per-download fees based on the number of tracks.
12.8% of Gross Revenue generated from the services to consumers subject to minimum fees per download as follows: 1 to 2 tracks 3 to 8 tracks 9 to 19 tracks 20 or greater tracks 32 Tshs per track download 25 Tshs per track download 19 Tshs per track download 16 Tshs per track download - 4 Verify source ↗
Web-Casting: (refers to online Radio/TV web-cast channels that are exclusive to
AI-assisted research summary: This fragment defines web-casting as online radio or TV web-cast channels that are exclusive to the internet.
4. Web-Casting: (refers to online Radio/TV web-cast channels that are exclusive to the internet) 15 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) Percentage rate of gross Revenue or gross operating costs as follows:- Percentage Percentage rate of of musical gross revenues or content ` operating costs - 75 Verify source ↗
99.99 10.84%
AI-assisted research summary: Web-cast percentage rates are subject to minimum annual amounts.
75 – 99.99 10.84% The above web-cast Percentage rates are subject to the following minimum annual amounts, depending upon categorization of Gross Income and Audio/Radio or Video/Television: NATURE OF WEB-CAST AUDIO/RADIO VIDEO/TELEVISION - 5 Verify source ↗
Simul-casting
AI-assisted research summary: This section lists minimum annual fees for simul-casting licences, with different amounts based on annual income.
5. Simul-casting: MINIMUM FEE PER ANNUM ANNUAL INCOME IN TSHS 000‟s: Lower than 15 000 Above 15 000 300 000 150 000 2 200 000 1 100 000 The possibility is offered by the Society to obtain a joint broadcast and web-cast licence or to obtain individual/separate licences for each distinct activity (broadcast and/or web-cast) - 6 Verify source ↗
Definitions of Gross Revenue and/or Operating costs are available from the Society
AI-assisted research summary: The provision says definitions of Gross Revenue and Operating costs can be obtained from the Society on request, and the relevant revenue/costs must be reconciled at least once a year using the Licensee’s audited financial report.
6. Definitions of Gross Revenue and/or Operating costs are available from the Society on request. The Gross Airtime Revenue and/or Operating costs shall be reconciled at least once per annum by reference to the annual certified audited financial report of the Licensee. B. Communication to the public through Telecoms for music on hold on telecom switchboards. SECTION NATURE OF EQUIPMENT i. ii. iii. Communication to the public through switchboards Up to 10 lines Communication to the public through switchboards From 11 lines to 20 lines Communication to the public through 16 ANNUAL FEE 40,000/= LATE PAYMENT FEE 50% of the tariffs 60,000/= 50% of the tariffs 80,000/= 50% of the tariffs Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) switchboards With over 20 lines C. Concession The application of the aforementioned Tariff monetary amounts of charge by the Society in this Second Schedule shall be phased in over two years. For the first year after the promulgation of these Regulations a non-recurring concession of 33.33% on the monetary amounts stipulated will be allowed after which the full Tariff rates will become effective, namely from the second year after promulgation of the said Regulations. 17 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) ___________ THIRD SCHEDULE ___________ (Made under regulation 13) ___________ DISTRIBUTION RULES FOR COMMUNICATION TO THE PUBLIC, REPRODUCTION - 1 Verify source ↗
Section 1
AI-assisted research summary: These rules say how the Society’s rights are distributed, including copyright and artists’ rights for public communication and reproductions.
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 i. 100% for the national/foreign authors of literary works subject to the agreed contract 18 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) - 2 Verify source ↗
Section 2
AI-assisted research summary: Class 4 royalties are distributed based on actual downloads or reproductions, and the Society must use valid log sheets, consider late log sheets in the next period, and send distribution statements within 3 months after each period.
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 and reproduction. public the to (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 i. all domestic works 19 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) ii. all foreign works without documentation showing a different key: Manuscript Published Works 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 Composer of Music Author of Words Adapter of Music Publisher of Music 100% - 50% 50% - 80% 20% - 40% 40% 20% - 50% 50% 25% 25% 50% 40% 10% 50% 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. (f) Works of Unknown Authors Works of authors who cannot be identified shall not be taken into consideration for distribution of royalties. (g) 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. 20 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) - 3 Verify source ↗
Section 3
AI-assisted research summary: Royalty distribution must follow the stated distribution class and use complete, valid log sheets or lists; late submissions are used in the next distribution period.
3. RIGHTS OF THE PERFORMING ARTISTS AND OF THE PRODUCERS OF SOUND RECORDINGS. (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 Tape of broadcaster Performance on commercial record of a Tanzanian or Foreign Record-Producer i. ii. iii. iv. Performing Artists - 100% Performing Artist - 50% Producer - 50% 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 Verify source ↗
Section 4
AI-assisted research summary: A deduction for administration costs must be taken from royalties before they are allocated, and the deduction rate cannot be more than 30%.
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. This percentage shall be the same for all the royalties collected. 21 Copyright and Neighboring Rights (Copyrighted Works-Communication to the Public) Regulations GN. No. 29 (Contd.) 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 Verify source ↗
Section 5
AI-assisted research summary: The Society must pay specified percentages of net royalties into two cultural and social funds, and the Society Board may set the rules for using that money subject to General Assembly approval.
5. SOCIAL AND CULTURAL PROMOTION FUNDS After the deduction of the costs of administration as set out in item 4 herein the following parts of the net royalties received by The Society shall be paid: 10% of the royalties accruing from the rights of the authors of musical and dramatic works (Item 2 herein) shall be paid to the fund for cultural and social purposes of the author members; 5% of the royalties accruing from the rights of the performers and the producers of sound recordings (Item 3 herein) shall be paid to the fund for cultural and social purposes of the said members. The elaborate rules for the use of the money from two funds shall be set out by the Society Board, subject to the approval of the General Assembly - 6 Verify source ↗
Section 6
AI-assisted research summary: The Society must pay royalties received from foreign societies to its members as soon as possible, after deducting a 5% handling charge.
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 Verify source ↗
Section 7
AI-assisted research summary: Money for foreign societies that are not signatory with the Society must be kept in reserve for three years, and if it is not distributed to owners by then, it is used for administrative costs.
7. Money for foreign societies not signatory with the Society will be held in reserve funds for three (3) years after which if not distributed to owners it will be used to cover administrative costs. Dar es Salaam, CHARLES J. P. MWIJAGE 21st December, 2015 Minister for Industry, Trade and Investment 22
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THE COPYRIGHT AND NEIGHBOURING RIGHTS (COPYRIGHTED WORKS-COMMUNICATION TO THE PUBLIC) REGULATIONS, 2015
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