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As part of a more rigid measure to protect creative works, the Tanzanian Government has recently amended the Copyright and Neighbouring Rights Act of 2002 through the recently enacted Written Laws the Bill.
As part of a more rigid measure to protect creative works, the
Tanzanian Government has recently amended the Copyright and
Neighbouring Rights Act of 2002 (the Copyright Act) through the
recently enacted Written Laws (Miscellaneous Amemdments) (no. 3)
Bill of 2019 (the Bill). The new amendements prescribed under the
Bill impose stringent fines on anybody who knowingly violates, or
causes to be violated, the rights protected under the Copyright
Act.
This Intellectual Property briefing provides an overview of the
relevant provisions of the Copyright Act that have been amended by
the Bill.
No.
RELEVANT PROVISION
OVERVIEW
1.
Offences and legal sanctions (Section 42 of
the Copyright Act)
Section 42 of the Copyright Act has been amended by Section 12
of the Bill by providing more stringent fines on anybody who
violates the provisions of the Copyright Act.
These new fines (as indicated below) relate to infringements that
are on a commercial basis:
In relation to a first offence, the
fine has been increased from TZS 5 Million (approx. USD 2,000) to a
fine of not less than TZS 20 Million (approx. USD 8,600) or 30% of
the value of the pirated copyright material, whichever is
greater.
In relation to any subsequent
offence, the fine has been increased from TZS 10 Million (approx.
USD 4,300)to a fine not less than TZS 30 Million (approx. USD
13,000) or 50% of the value of the pirated copyright material,
whichever is greater.
In addition to the above, the Bill states that the court may order
compensation to the right holder.
2.
Circumstances where additional punishment is
imposed (Section 42 (1A) of the Copyright Act)
Where the offender is a legal person regulated by the Tanzania
Communications Regulatoty Authority, the Bill proposes to amend the
Copyright Act by further providing that such person may be
subjected to suspension in accordance with the Tanzania
Communications Regulatory Act.
3.
Compounding of offences (Section 42A of the
Copyright Act)
The Bill proposes to add immediately after Section 42 of the
Copyright Act a new Section 42A which deals with compounding of
offences.
Under Section 42A of the Copyright Act, if a person admits in
writing to commiting an offence under the Copyright Act, the
Copyright Administrator (or a person authorised by the Copyright
Administrator in writing) may, at anytime prior to the commencement
of the proceedings by a court of competent jurisdiction, compound
the offence and order the person to pay:
the sum of money together with all
reasonable expenses incurred by the Copyright Society of Tanzania
in connection with the offence; and
all fees and charges which would have
been due if the action had been authorised under the Copyright
Act.
Further, if a person fails to comply with the order provided above
within the prescribed period, the Copyright Administrator:
shall, in addition to the sum
ordered, require the offender to pay an interest at a rate
prescibed under the regulations; and
may enforce the order in the same
manner as a decree of a court for the payment of the amount stated
in the notification.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
