Tanzania
Copyright and Neighbouring Rights Act, 1999
Copyright and Neighbouring Rights Regulations, 2000
Government Notice 214A of 2000
- Published in Tanzania Government Gazette
- Commenced on 2 June 2000
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
1. Citation
These Regulations may be cited as the Copyright and Neighbouring Rights Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires—"Act" means the Copyright and Neighbouring Rights Act1;"Board" means the Copyright Society of Tanzania Board established under section 51(1);"registers" means the registers established under section 47(b);"Society" means the Copyright Society of Tanzania established under section 46 of the Act.3. Fees
The fees to be paid in relation to copyright and neighbouring rights shall be those fees prescribed in the First Schedule to these Regulations.4. Forms
The forms herein referred to are those contained in the Second Schedule and such forms shall be used in all cases to which they are applicable and may be modified as directed by the Registrar to meet other cases.5. Documents
Subject to any other directions that may be given by the Minister or the Board, all applications, notices, statements, counter-statements, papers having representations affixed, or other document authorised or required by the Act, or these Regulations to be made, left or sent, at or to the society or any office, shall, unless the Board otherwise directs, be written, typewritten, lithographed or printed in English or Kiswahili language upon strong paper, in dark indelible ink, on one side only on foolscap paper of a size approximately 13 inches by 8 inches and shall have on the left-hand part a margin of not less than 1.5 inches.6. A document to contain a name and be signed
7. Posting of documents
All applications, notices, statements, papers having representations affixed or other documents required by the Act or these Regulations to be made, left or sent, at or to the Society, the Court or any other person may be sent through the post by a prepaid or official paid letter; any application or any document so sent shall be deemed to have been made, left or sent at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.8. Addresses to be full
Where any person is by the Act or these Regulations, bound to furnish the society or any person with an address, the address given shall in all cases be as full as possible for the purpose of enabling any person easily to find the place of the person whose address is given, and shall include a postal address.9. Residents and non-residents to provide address for service
10. Application for registration of copyright, etc.
11. Search to be made
Upon receipt of an application for registration of a work or production the Copyright Administrator shall cause a search to be made, amongst the registered works and pending applications, for the purpose of ascertaining whether there is a record in respect of the same works or productions.12. Evidence to be furnished
After such search, and consideration of the application and of any evidence of ownership or of any other matter of which the application may or may be required to be furnished, the Copyright Administrator may accept the application absolutely or he may object to it.13. In case of objection administrator to inform the applicant
If the Copyright Administrator objects to the application he shall inform the applicant of his objection in writing, as soon as the decision is made and unless within one month the applicant applies for a hearing or makes a considered reply to those objections, he shall be deemed to have withdrawn the application.14. Administrator to notify the applicant
15. Issuance of certificates
Upon the registration of a work the Copyright Administrator shall issue to the applicant a certificate on the Form 01.16. Joint registration
Where a person becomes entitled by assignment under section 16 or transmission by operation of law under section 15(7) to a registered work he may jointly with the registered proprietor, make an application to the Copyright Administrator on Form CR/NR/EF.3 to register his title.17. Where no joint application is made
Where a person becomes entitled to a registered work in the manner referred to in Regulation 16 and no joint application as therein mentioned is made he may make the application on Form CR/NR/EF.4 to register his title.18. Application to contain name and address
An application under Regulation 16 or Regulation 17 shall contain the name of the trade or business address and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which he claims.19. Making of statutory declaration
Where in the case of an application on Form CR/NR/EF.3 or Form CR/NR/EF.4 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall make a statutory declaration on form CR/NR/EF.5 setting forth the full particulars of the facts on which he claims to be the proprietor of the work is based, and showing that the work has been assigned or transmitted to him.20. Proprietor to be registered
When the Copyright Administrator is satisfied as to the title of the person claiming to be registered, he shall cause him to be registered as proprietor of the work and shall enter in the register his name, trade or business address and description and particulars of the assignment or transmission.21. Application on as a licensee
An application to the Copyright Administrator under section 17 by a person as a licensee of a registered work shall be made by that person on Form CR/NR/EF.6 together with an original or notarised copy of the licence.22. A licensee to be registered
The entry of a licensee in the register shall state the date on which it was made, the trade or business address of the licensee and the conditions of the licence.23. Application by a licensor
An Application by the licensor for the cancellation of the registration of a licence shall be made on Form CR/NR/EF.7 and shall be accompanied by a statement of grounds on which it is made.24. Utilization of folklore
The application of utilization of expressions of folklore made under section 28 to the competent authority shall be made at a prescribed fee on Form CR/NR/EF.8.25. Authority to communicate on request
Where the competent authority agrees to grant the request, subject to any conditions, the authority shall communicate such conditions in writing and if the application objects to such conditions he shall within one month from the date of receipt of the communication apply for a hearing or communicate his considered objection in writing, if he does not do so he shall be deemed to have withdrawn his application. If the applicant does not object to such conditions he shall forthwith notify the competent authority in writing and alter his application accordingly.26. Decision of the authority to be communicated
The decision of the competent authority shall be communicated to the applicant in writing and if the applicant objects to such decision he may file his appeal under section 28(c) of the Act to the Minister at a prescribed fee on Form CR/NR/EF.9.27. Minister's decision
Before deciding on the appeal filed by the applicant the Minister may require the competent authority and the applicant to be present at a hearing of the appeal and give additional written or oral grounds for the stand. The decision of the Minister shall be made in writing, giving reasons on which the decision is based, and shall be final and conclusive.History of this document
31 July 2002 this version
Consolidation
02 June 2000
Commenced