Revolutionizing Copyright Management in Tanzania: Introducing the New Collective Management Regulations
Tanzania Copyright Law Update.
The Copyright and Neighboring Rights (Royalty Collection and Distribution) (Collective Management Organizations) Regulations, 2023, have been introduced in Tanzania. These regulations provide a comprehensive framework for the licensing, conduct, and compliance requirements for collective management organizations operating under Tanzania’s Copyright and Neighboring Rights Act.
Let’s delve into the key details outlined in these regulations:
Licensing Requirements:
To operate as a collective management organization in Tanzania, the regulations require organizations to obtain a license from the Copyright Office. However, certain restrictions and conditions apply. Applicants are required to submit a comprehensive application along with an application fee of five million Tanzanian shillings. The application should include essential documents such as a memorandum of association, membership list, and certification of incorporation. The Office reserves the right to reject applications and may invite new applications for a license.
License Renewal:
The regulations also lay down the requirements for the renewal of a collective management organization’s license. These requirements include the submission of financial information and audits. Failure to comply with renewal requirements, non-disclosure of important information, or non-compliance with regulations may lead to the suspension or revocation of the license. The Office is responsible for maintaining a register of licensed organizations.
Conduct and Membership Requirements:
The regulations emphasize the conduct and membership requirements for collective management organizations. Transparency in documents and dealings with members, fair treatment, and adherence to high standards of conduct are essential. The Copyright Office is obligated to publish notices of licensed organizations. The regulations also cover various aspects such as membership, fees, restrictions on sole collecting agents and mandatory assignments. Violations may result in the issuance of cautions, requirements for rectification, or fines. Members have the right to withdraw and participate in decision-making processes.
General Meetings:
Collective management organizations in Tanzania are required to convene general meetings of members at least twice a year. These meetings serve as a platform to make decisions regarding amendments to the organization’s constitution, appointments of officials, and the distribution of royalties. Proper accounts must be maintained and can be audited by the Office.
Additional Requirements:
The regulations introduce several additional requirements for collective management organizations. These include the suspension of officers indicted for offenses, the submission of annual reports, the establishment of a holding account, and duties to report. Organizations must provide information about their activities and finances to the copyright office and share information about their services with users upon request. Deductions from collected royalties for administrative expenses are permissible but cannot exceed 30% without approval. Breaches of these regulations may result in fines.
Regulations for Collective Management Organizations:
Collective management organizations must adhere to transparent tariffs, promptly respond to user requests, diligently manage rights revenue, and distribute payments to rights holders according to established collection and distribution rules. The regulations emphasize the timely and accurate distribution or payment of royalties, deductions based on objective criteria, fair management fees, and providing information to members regarding royalties and deductions. Discrimination is strictly prohibited, and organizations must have written agreements with users while sharing information with other organizations and disclosing information to the public.
Complaints Handling:
The regulations require collective management organizations to establish effective and timely procedures for complaints handling and dispute settlement. Complaints can be lodged by members, rights holders, and users. Disputed decisions can be addressed by the disputes committee of the Office, with the possibility of further appeal to the Minister.
Financial Penalties:
To ensure compliance with the Act, the regulations allow for the imposition of compliance notices and financial penalties on collective management organizations or individuals. The procedures and amounts for these penalties are determined by the Office. Appeals against financial penalties are permitted, and non-payment of penalties is allowed during the appeal process. Additionally, collective management organizations must provide compensation or refund arrangements for unused licenses, and officers may face disqualification for repeated breaches of regulations.
Welfare Rules:
Organizations may retain up to 5% of collected royalties for implementing welfare rules.
Forms & Regulations:
The regulations include various forms and regulations related to the Copyright and Neighboring Rights Act, 1999. These forms are essential for the licensing and renewal of Collective Management Organizations in Tanzania. They require specific information such as the organization’s name, address, registration details, and audited accounts.
The introduction of the Copyright and Neighboring Rights (Royalty Collection and Distribution) (Collective Management Organizations) Regulations, 2023 marks a significant step towards ensuring transparency, compliance, and fair treatment within the copyright ecosystem in Tanzania. These regulations establish a robust framework that will benefit both rights holders and users, fostering a balanced and sustainable copyright environment.
Stay tuned for further updates as we witness the implementation of these regulations and their impact on the collective management landscape in Tanzania. Let’s embrace this positive development in copyright regulation and work together to protect and reward creativity!
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