Copyright (Licensing of Public Performances and Broadcasting) Regulations, 2003

Government Notice 328 of 2003

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Copyright (Licensing of Public Performances and Broadcasting) Regulations, 2003

Tanzania
Copyright and Neighbouring Rights Act, 1999

Copyright (Licensing of Public Performances and Broadcasting) Regulations, 2003

Government Notice 328 of 2003

[Made under section 45]

1. Citation

These Regulations may be cited as the Copyright (Licensing of Public performances and Broadcasting) Regulations, 2003.

2. Interpretation

In these Regulations unless the context otherwise requires—Licence” means a licence issued under sub-regulation (1) of regulation 5; andSociety” means the Copyright Society of Tanzania in it’s acronym “COSOTA”;

3. Licence to hold public performance or broadcasting

No person shall hold a public performances or broadcasting of a work in which a copyright subsists except under a licence issued by the Society

4. Application for licence

Every application for licence shall be made to the Society in the form set out in Part I of the Schedule hereto.

5. Issuance of licence

(1)Subject to sub-regulation (3), the Society shall issue a licence in the form set out in Part II of the First Schedule hereto, subject to:
(a)such conditions as specified in the licensing contract, including the submission, in the form set out in Part III of the Schedule hereto, of a Performance/broadcasting and;
(b)the payment by the applicant of the fees corresponding to the appropriate tariff classification specified in the second Schedule hereto;
Provided that the Society shall have the power to negotiate and vary the specified tariff from time to time, not exceeding thirty percentum depending on special circumstances such as percentage of music used, rate of inflation, and age of the establishment as the Society may deem fit.
(2)A license shall be valid drily for the purpose in respect of which it has been issued and for the period, and with respect to the premises arid period specified thereon;
(3)The Society may refuse to issue a license and the reasons for such refusal shall be communicated to the applicant.

6. Licence to be displayed

The applicant shall publicly display the license in a prominent and visible position at or near the main entrance to the premises at which the public performance or broadcasting is to be held.

7. Issue of license for foreign bands or groups

(1)Any person or organization that promotes or brings into Tanzania any foreign band or performing group shall be required to obtain from, and sign a contract form, with the Society.
(2)Any person or organization that promotes or brings into Tanzania any foreign band or performing group shall be required to sign the contract form and pay the required fee at least within twenty-one days before the band or group actually enters into Tanzania.
(3)After the contract has been dully signed, the Society shall notify and facilitate the issuance of clearance from Government allowing that band or group to come and perform in Tanzania.
(4)Any promoter of a foreign band or group shall be required to pay a non-refundable deposit of one thousand shillings for the processing and signing of the contract with the Society.

8. Distribution of royalties, etc.

The Society shall pay in accordance with its procedures, royalties or other appropriate remuneration accrued or due, to the person entitled thereto out of the fees collected by it aset out under the Third Schedule to these Regulations.

9. Appeals

An applicant who is aggrieved by any condition endorsed by the Society on a license or with the decision of the Society refusing to issue a licence may, before the public performance is held and, in any case, within fourteen days from the date the condition is endorsed of the decision is made, appeal to the Minister to review or rescind the condition or decision, as the case may be.

10. Penalty failure to pay fees

In addition to the fees payable under these Regulations an extra "late payment fee" which is specified in the 2nd schedule shall be payable.

11. Validity of Acts

Anything done by the Society before, during or after commencement of these Regulations in respect of a public performance or broadcasting of any work and which thing is capable of being done under these Regulations shall be deemed to have been validly done under of pursuant to these Regulations.

12. Offences

Any person who contravenes these Regulations shall be guilty of an offence and shall be liable to punishment as per Section 42 of the Act.

First Schedule (Made under Regulation 4)

Forms

[Editorial note: The forms have not been reproduced.

Second Schedule (Made under Regulation 5(1) (b))

Tariff classificationFee per yearLate payment fee
1.Tariff B (Broadcasting)Percentage of gross airtime revenue gross operating costs as follows:— 
For radio / television broadcasts in TanzaniaPercentage of musical contentPercentage of gross revenue/ operating costs
1-101%
11-202%
31-404%
41-505%
51-606%
61-707%
71-808%
81-909%
91-10010%
Minimum fee = Tshs. 500,000/=Nil
2.Tariff PBG (Public Performance of Background Music/ Public Reception of Radio/Television Broadcasts of national or foreign origin)
 A.For public performance in Bars/ Pubs/Club’s/Mess/Groceries
(i)Class A (Bars in hotels and Similar establishments)Tshs. 600,000/= 
(ii)Calss B (all other Bars/Pubs/ Clubs/Mess)Tshs. 350,000/=Double the tariffs
(iii)Class C (any other)Tshs. 100,000/= 
3.Tariff PHS (Public Performance in Hotels, Saloons & Restaurants/Public Reception of Radio/ Television Broadcasts of national or Foreign origin)
 A.For public performance of sound recordings in or upon premises such as restaurants and fast food joints:
(i)Class A. (Restaurants in hotels and similar establishments)Tshs. 500,000/=Double the tariffs
(ii)Calss B. (Coffee shops, Cafes etc.)Tshs. 250,000/=Double the tariffs
(iii)Class C. (Ordinary restaurants and any other)Tshs. 50,000/=Double the tariffs
B.(i)For public performance of sound recordings in or upon premises such as supermarkets and shopsTshs. 600,000/=Double the tariff
(ii)Superrates and other similar establishmentsTshs. 300,000/=Double the tariff
C. For public performance of sound recordings in or upon premises such as provisional shops through global contracts with licensing agencies. Double the tariff
D. For public performance of sound recordings by advertising companies or any other company in or upon premises such as mobile adverts/phones/etc.Tshs. 500,000/=Double the tariff
E. For public performance of sound recordings in or upon premises such as Saloons, Berber Shops & Gyms, through global Contracts with Municipal Councils/ Licensing Agencies;Tshs. 10,000/=Double the tariff
4.Tariff AT (Public Performance at Airport Terminals)
For public performance of sound recordings in or upon airport terminals:—(a)for domestic flightsTshs. 200,000/=Double the tariffs
(b)for internationalTShs. 500,000/=Double the tariffs
5.Tariffs PD (Public Performance in Discotheques)
 A.For public performance of sound recordings at discotheques (entrance fee criterion):
(i)Entrance fee of TShs. 10,000/= or aboveTShs. 1,000,000/=Double the tariffs
(iii)Entrance fee below TShs. 5,000/=TShs; 200,0007=Double the tariffs
6.Tariff ML (Public Performance by Local Musicicans - To be paid by the owners of venues)
For live public perfomance in Tanzania by local musicians:TShs. 50,000/=Double the tariffs
7.Tariff MF (Public Performance by Foreign Bands -To be paid by Promoters)  
 For live public perfomance in Tanzania by foreign musicians:TShs. 100,000/=Double the tariffs
8.Tariff MLF (Public Performance during Festivals and Fairs)
For public performance of musical, literary and dramatic works at festivals, fun-fairs concerts, traditional dances or similar functions.TShs. 16,000/= per dayDouble the tariffs
9.Tariff L (Lending and sales of sound and vision carriers)
 (a)For public distribution of video cassettes for sale of hire or rental:
(i)class A (wholesalers)TShs. 250,000/=Double the tariffs
(ii)Class B (Retailors)TShs. 50,000/= 
10Tariff J (Public Performance in juke boxes)
For public performances of sound recordings By means of juke-boxes;TShs. 50,000/=Double the tariffs
11.Tariff V (Performance of Visual Recordings)
For public projection of Cinematographic films arid other sound or Visual recordings:(a)for cinematographic films/showsTShs. 50,000/=Double the tariff
(b)for other sound or visual recordings including video showsTShs. 20,000/=Double the tariff
12.Tariff PT (Public Performance in Public Transport)
 A.For public performances of sound recordings in trains, commercial aeroplanes and ships registered in TanzaniaTShs. 200/= per seatDouble the tariffs
B.Buses, minibuses, taxis and hire vehicle through global contracts with licensing agencies.TShs. 50/= per seatDouble the tariffs
13.Tariff H (Public Performance in Entertainment Halls).
For indoor public performances or presentation of musical, literary and dramatic works in Halls:(a)in entertainment hallsTShs. 250,000/=Double the tariff
(b)in other placesTShs. 100,000/=Double the tariff
(c)at an educational institutionTShs. 50,000/=Double the tariff

Third Schedule (Made under regulation 8)

Distribution rules

1.Rights:These distribution rules shall relate to the following rights assigned to the Copyright Society of Tanzania (COSOTA)—
(a)the Copyrights of national and foreign authors of music, literary at dramatic works for the following types of uses:Public performance—
(i)broadcasting and recording for the purposes of broadcasting; and
(ii)commercial lending of video cassettes containing such music.
(b)the rights of the performing artists within Tanzania and the Tanzania producers of sound recordings for the following types of uses:
(i)Public performances using records; and
(ii)broadcasting using records.
(c)where a COSOTA tariff applies to both categories of rights hereinbefore mentioned the income from royalties based on such tariff shall be distributed in the following manner:
(i)75% for he national and foreign authors of musical, literary and dramatic works, and
(ii)25% for the performing artists and the producers of sound recordings.
2.Rights of authors of musical, literary and dramatic works
(1)All royalties due to the national and foreign authors as well as to performing artists of musical works shall be deemed to come from one of the following three distribution classes:
(a)broadcasting and public reception of broadcasts which shall be class I;
(b)public performance of all kinds, which shall be class 2; and
(c)film projection and commercial lending of video cassettes, which shall be class 3.
(2)Attribution of the royalties to the different distribution classes:
(a)the royalties collected on the basis of COSOTA tariffs shall be attributed to the distribution classes as follows:—
(i)Tariff B -Broadcasting, which shall be class 1; and
(ii)Tariff PBG-Public performance of background music Tariff PHS-Public performance Where liquids and food are consumed; and also public performance of all other kinds with their respective tariffs, which shall be class 2;
(3)The following log sheets claimed from the users shall be considered as the basis for the distribution:
(a)the complete log sheets supplied by the Radio stations and other Broadcasting Corporations, which shall be class 1;
(b)the log sheets of live performance of groups of Artists supplied to COSOTA, which shall be group 2;
(c)the lists of video cassettes lent out by the video lending Shops and libraries, which shall be class 3;
(d)all log sheets received by COSOTA shall be used for purposes of distribution, except those log sheets which are illegible, obviously incorrect or incomplete;
(e)log sheets received by COSOTA after the period of its distribution activities shall be taken into account during the next distribution period;
(4)Specific rules for the different distribution classes shall be as follows—
(a)the distribution shall correspond with the actual duration of the broadcast for each work in minutes as indicated in the log sheets of the Radio Stations and other Broadcasting Corporations; and fractions of minutes shall be rounded up to the nearest minute, and shall be as class 1;
(b)the distribution shall correspond with the number of actual performances per work, without considering the duration of the performances, shall be class 2;
(c)the distribution shall correspond with the number of times a film has been lent, without considering the duration of the film, this shall be class 3.

Distribution keys

(5)The following distribution keys shall apply in:—
(a)all musical works in which a member of COSOTA is a right holder; and
(b)all foreign works without documentation showing a different key;
 Manuscript worksPublished works
1.Composer of Music100%50%
2.Publisher of Music 50%
3.Composer of Music50%25%
4.Author of Words50%25%
5.Publisher of Music 50%
6.Composer of Music80%50%
7.Adapter of Music20%10%
8.Publisher of Music 50%
9.Composer of Music40%20%
10.Author of Words40%20%
11.Adapter of Music20%10%
12.Publisher of Music 50%
(c)there is a sub-publisher, the original publisher and the sub-publisher shall share their 50% share as stipulated in their contract and if this contract shall not be notified to COSOTA, equal shares of 25% each shall be attributed to the publisher and the sub-publisher.

Folklore

(6)Royalties deriving from use of folklore shall be paid to the National Arts Council.

Works of unknown authors

(7)Works of authors who cannot be identified as members of COSOTA or as members of a foreign copyright society shall not be taken into consideration for distribution of royalties.

Periods of distribution

(8)The period of distribution shall be fixed as follows:—
(a)April lst to September 30th; October 1st to (b) march 31st (for class 1);
(b)July 1st to December 31st; January 1st to June 30th (for class 2); and
(c)April 1st to March 31st (for class 3).
Provided that distribution statements shall be sent to the authors and publishers not later than 3 months after the end of each distribution period.

Distribution class and log sheets used for distribution

3.Rights of the performing artists and of the producers of sound recordings
(1)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 2.
(2)The complete log sheets of the Broadcasting Corporation and of live performance of groups of artists shall be the basis for the distribution.
(3)All log sheets received shall be used for the purpose of distribution, except those log sheets which are illegible or obviously incorrect or incomplete, Provided that Log sheets received by COSOTA after the end of its distribution period shall be used during the next distribution period.
Distribution keys:
Performance on own record tape of broadcasting corporationPerformance on commercial record of Tanzania record-producer
(a)performing artists - 100%50%
(b)In the case off groups of performing artist, each group member shall receive an equal share; and
(c)performance of unknown performing artists and records of unknown producers of sound recordings.
Performance of artists who cannot be identified as members of COSOTA or as members of a foreign copyright society and records which cannot be identified as products off a member of COSOTA or a member of a foreign society shall be struck off the log sheets and shall not be taken into consideration for distribution of royalties.
4.Deduction of costs of administration
(1)Before attributing the royalties to the different distribution classes, a percentage to cover administration costs of COSOTA shall be deducted. This percentage shall be the same for all the royalties collected.
(2)The percentage of the deduction shall correspond with the effective costs of administration of COSOTA without aiming at accumulating a reserve or making profit and it shall not exceed 30% of the gross royalty collections.
5.Social security and cultural promotion funds
(1)After the deduction of the costs of administration as set out in Item 4 herein the following parts of the net royalties received by COSOTA shall be paid:
(a)10% of the royalties accruing from the rights of the authors of musical literary and dramatic works (Item 2 herein) shall be paid to the fund for cultural and social security of the author members; and
(b)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 Security of the said members.
(c)The elaborate rules for the use of the money from the two funds shall be set out by the COSOTA Board, subject to the approval of the General Assembly.
6.Royalties received from foreign sister societies
(1)Royalties received from foreign sister societies shall be paid as soon as possible to the deserving members of COSOTA, after deduction of a handling charge of 5% designed to cover administration costs of COSOTA.
(2)Money from foreign societies not signatory with COSOTA will be in reserve funds for 3 years after which if not distributed to owners should be used for Social Security and Cultural Promotion Funds.
(3)Mechanical Distribution Rights shall not be covered by these Rules.
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History of this document

10 October 2003 this version
26 September 2003
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Cited documents 0

Documents citing this one 1

Gazette 1
1. Tanzania Government Gazette dated 2003-10-10 number 41