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:
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| 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:
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