Copyright and Neighbouring Rights (Collective Management Organisations) Regulations, 2023
Government Notice 211 of 2023
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Copyright and Neighbouring Rights (Collective Management Organisations) Regulations, 2023
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Tanzania
Copyright and Neighbouring Rights Act, 1999
Copyright and Neighbouring Rights (Collective Management Organisations) Regulations, 2023
Government Notice 211 of 2023
- Published in Gazette of the United Republic of Tanzania 10 on 24 March 2023
- Assented to on 6 March 2023
- Commenced on 24 March 2023
- [This is the version of this document as it was from 24 March 2023 to 14 March 2024.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary provisions
1. Citation
These Regulations may be cited as The Copyright and Neighbouring Rights (Collective Management Organisations) Regulations, 2023.2. Interpretation
In these Regulations, unless the context otherwise requires—“Act” means the Copyright and Neighboring Rights Act;“Board” means the governing board of the Office established as such under the Act;“bundle of rights” means all rights provided for in the Act;“category of works” means the works referred to under section 5(2) of the Act;“collective management organisation” has the meaning ascribed to its under section 4 of the Act;“Copyright Adminisator” means the head of the Office appointed as such in terms of the Act;“general meeting” means the annual general meeting or the special general meeting through which members of a collective management organisation participate and exercise their membership rights;“Office” means the Copyright Office of Tanzania established under section 46 of the Act;“management fees” means the amounts charged, deducted or offset by a collective management organisation from revenue generated from rights or from any income from the investment of revenue generated from rights to cover the costs of the management of copyright or related rights;“Minister” means the Minister for the time being responsible for copyright and neighbouring rights;“member” means a right holder or an entity representing right holders, including other collective management organisations and associations of right holders;“representation agreement” means an agreement between collective management organisations whereby one collective management organisation mandates another collective management organisation to manage the rights it represents;"rights revenue" means income collected by a collective management organisation on behalf of right holders, whether deriving from an exclusive right, a right to remuneration or a right to compensation;"royalty" means payment of an agreed rate to a right holder for the use of a copyright work; and"user" means a person carrying out acts subject to the authorization of right holders, remuneration of right holders or payment of compensation to right holders.Cap. 218Part II – Licensing of collective management organisation
3. Resictions to operate collective management organisation
4. Application for license
5. Determination of application
6. Issuance of license
7. Action where there is no collective management in certain category
8. Waiver of requirements for license Collective management organisations
Where there is a single applicant for a collective management organisation license in respect of a category of works and the application does not fulfil any of the requirements for issuance of license under the Act and these Regulations, the Office may waive the requirement if it determines that the non-issuance of a license will adversely impact the effectiveness of the organisation for which a category of works relates:Provided that, the Office shall, within a specified period of the license, require the collective management organisation to comply with the requirements for obtaining a license.9. Application for renewal of license
10. Determination of application for renewal of license
11. Issuance of renewal license
The Office shall, using the prescribed Form CMO 04 as set out in the Schedule to these Regulations, issue a renewed license to a successful applicant, and the license shall be valid for a period of one year.12. Suspension and revocation of license
13. Register and public notice
Part III – Conduct of collective management organisations
14. General conduct of organisations
Part IV – Membership and management of collective management organisations
15. Membership in collective management organisation
16. Membership rules of collective management organisations
17. Withdrawal of membership
A member shall, upon reasonable notice of his intention to do so, have the right to withdraw his membership of a collective management organisation or the rights assigned to the organisation in respect of any of his works:Provided that, a collective management organisation whose membership falls below thirty members as a result of withdraw shall within seven days notify the Office, and register the required number of members within fourteen days after the notification.18. Members participation
A collective management organisation shall—19. Meetings of collective management organisations
20. Voting right
A member at a general meeting shall have a voting right on the basis of the following criteria—21. Report of meetings
Every Organisation licensed under these Regulations to function as a collective management organisation shall cause a report containing the minute and decisions taken at every meeting of the general assembly and Board of the organisation to be entered in a special register kept for that purpose, and a certified copy of such report shall be submitted to the Office where the Office so requires.22. Accounts, annual report and audit
23. Form and contents of annual report
24. Holding account
25. Retention period of funds in holding account
26. Duty of collective management organisations to report
27. Duty to provide information to users of copyright works
28. Adminisation costs of organisation
29. Management of business and conflict of interest
Part V – Licensing, collection and distribution of royalties
30. Licensing and fee setting
31. Collection and use of rights revenue
32. Distributions of amounts to rights holders
33. Payment of royalties in representation agreement
34. Deduction
35. Teatment of rights managed under representation agreements
36. User’s obligations
37. Information provided to other collective management organisations
38. Disclosure of information to public
A collective management organisation shall publish and keep up to date on its website the following information:Part VI – Complaints handling and dispute settlement
39. Complaints handling
40. Dispute settlement
41. Disputes committee
42. Decision of disputes committee
43. Appeals against decision on dispute
Part VII – Compliance requirements
44. Call for information
45. Non-compliance notice
46. Financial penalty for non-compliance
47. Procedures for issuance of financial penalty
48. Appeal against imposition of financial penalty
49. Non-payment of penalty pending appeal
Where an appeal or a court action is made against the decision of the office, the party filing the appeal is not under an obligation to pay the penalty pending the hearing and determination of the appeal and such non-payment shall not be paid during period the appeal is pending.Part VIII – Miscellaneous provisions
50. Compensation for unutilized license
Every collective management organisation shall provide for compensation refund or other arrangements which may apply in the event a user is unable to utilize the license issued to it by the collective management organisation, which situation arose as a result of the negligence, misrepresentation or other such fault traceable to or caused by the collective management organisation.51. Action against officers of collective management scheme
52. Rules on welfare of members
An Organisation may make rules for welfare of its members and keep not more than five per cent of its total royalty collected for implementing the rules effectively, and the amount shall not be disibuted on account of non-accessibility of the members concerned subject to regulation 31.53. Revocation and transitional provisions
History of this document
15 March 2024 amendment not yet applied
24 March 2023 this version
Published in Gazette of the United Republic of Tanzania 10
Commenced
06 March 2023
Assented to