The legal framework governing intellectual property and entertainment in Tanzania

Kamanga Kapinga
KW Kapinga & Partners, Dar es Salaam
kamanga.kapinga@kapinga.co.tz

Miyuki Mbaga
KW Kapinga & Partners, Dar es Salaam
miyuki.mbaga@kapinga.co.tz

The music scene and a growing film sector have brought to the fore the critical importance of intellectual property (IP) rights in Tanzania. As creators and innovators increasingly leverage their artistic endeavours for commercial gain, a robust legal framework is essential to protect their interests, foster creativity and ensure fair compensation.

This article provides a detailed examination of the IP and entertainment law landscape in Tanzania, highlighting key legislation, regulatory bodies and recent developments, all presented from the perspective of a seasoned legal practitioner.

In Tanzania, the protection of IP within the entertainment sector is primarily governed by a suite of legislative instruments. These acts collectively establish the rights of creators, the mechanisms for their enforcement and the regulatory environment in which the industry operates.

The Copyright and Neighbouring Rights Act (CAP 218 R.E. 2023)

This Act stands as the cornerstone of copyright protection in Tanzania. It safeguards original literary, artistic and scientific works, granting creators exclusive rights over their creations. These rights encompass reproduction, distribution, public performance broadcasting and adaptation.

The Act also extends protection to neighbouring rights covering the rights of performers, producers of phonograms and broadcasting organisations. Recent amendments and regulations, particularly those introduced in 2022 and 2023, have focused on enhancing collective management organisations and streamlining licensing processes, thereby strengthening the ability of rightsholders to monetise their works and combat piracy.

The Trade and Service Marks Act (CAP 326 R.E. 2023)

This Act is vital for protecting branding elements, such as artist names, band logos and production company trademarks. A mark is a distinctive sign that serves to distinguish similar goods and/or services of one enterprise from those of other enterprises. Although less directly impactful in the context of creative works, the Patents (Registration) Act (CAP 217) may be relevant for technological innovations in media production or distribution contexts.

The National Arts Council Act (CAP 204 R.E. 2023)

This legislation establishes the National Arts Council, commonly known by its Swahili acronym, BASATA (Baraza la Sanaa la Taifa). BASATA is mandated to promote develop and regulate artistic activities in Tanzania. Its functions include the registration of artists and artistic works, as well as the oversight of artistic performances and exhibitions. Recent regulatory updates by BASATA in 2024 and 2025 have introduced significant fee reductions and waivers for non-commercial events, which aim to stimulate growth and participation in the arts sector. These measures underscore a strategic effort to cultivate a more supportive environment for emerging and established artists alike.

The Films and Stage Plays Act (CAP 230 R.E. 2023)

This Act provides the regulatory framework for the production, exhibition and distribution of films, as well as the staging of theatrical performances. It established the Tanzania Film Board (TFB), which is responsible for issuing film production permits and exercising censorship to ensure the adherence to national cultural and moral standards. The Act plays a crucial role in shaping the narrative and visual content accessible to the Tanzanian public, reflecting a balance between artistic freedom and societal values.

The Electronic and Postal Communications Act (EPOCA) (CAP 306 R.E. 2010)

With the advent of digital media, the EPOCA has become increasingly relevant to the entertainment industry. This Act, overseen by the Tanzania Communications Regulatory Authority (TCRA), governs broadcasting and online content. It addresses a wide array of issues including licensing for broadcasters, content standards and the regulation of digital platforms.

The Electronic and Postal Communications (Radio and Television Broadcasting Content) Regulations of 2018, as amended in 2024, and the Online Content Regulations are particularly pertinent as they govern the permissible scope and nature of the content disseminated electronically, thereby affecting musicians, filmmakers and digital content creators.

The regulatory landscape: key institutions

The effective implementation and enforcement of IP and entertainment laws in Tanzania rely heavily on several key regulatory bodies:

• The Copyright Society of Tanzania (COSOTA), as the primary collective management institute, is responsible for administering copyright, collecting royalties and distributing them to rightsholders. It plays a pivotal role in the enforcement of copyright and neighbouring rights, advocating for creators interests and combatting infringement.
• BASATA, beyond its regulatory functions under the National Arts Council Act, acts as a central authority for the promotion and development of the arts. It is instrumental in registering artists, overseeing artistic events and ensuring that artistic expressions align with national policies and cultural sensitivities.
• The TFB is tasked with the regulation of the film and stage play industry. Its responsibilities include the issuance of production permits, the classification of films and censorship, all aimed at fostering a responsible and culturally appropriate cinematic and theatrical landscape.
• The TCRA is the overarching regulator for electronic communications, including broadcasting and online services. Its role in the entertainment sector involves setting content standards, licensing broadcasters and monitoring compliance with the relevant communication laws, particularly in the digital realm.
• The Business Registration Licensing Agency (BRELA) is responsible for the registration of trademarks and services, including the promotion of brand competition. It has responsibilities that include ensuring that the association between the trademark and the product or service is maintained, thereby preventing unfair competition. It also fosters consumer confidence and the development of high-quality industries.

Challenges and developments in the digital era

The digital transformation has presented both opportunities and challenges for Tanzania’s entertainment industry. While digital platforms offer unprecedented avenues for content creation distribution and monetisation, they also introduce complexities related to copyright enforcement, online piracy and content regulation.

The Electronic and Postal Communications Act and its subsidiary regulations are continually evolving to address these challenges, with a notable focus on regulating online content and ensuring responsible digital citizenship.

Recent trends indicate a proactive approach by regulatory bodies to adjust to the changing landscape. BASATA’s fee waivers, for instance, are a direct response to the need to support artists within a dynamic economic environment. Furthermore, there is an increasing emphasis on moral rights and ethical considerations in artistic works, reflecting the broader societal dialogue on the impact of media content.

Conclusion

The IP and entertainment law framework in Tanzania is a dynamic and evolving domain, reflecting the growth and increasing sophistication of the nation’s creative industries. While a robust legislative and regulatory structure is in place, continuous adaptation is necessary to address the challenges posed by technological advancements and global trends. For legal practitioners, artists and industry stakeholders, a thorough understanding of these laws and the roles of the various regulatory bodies is paramount in navigating the complexities of the Tanzanian entertainment landscape, ensuring the protection of creative works and fostering a sustainable and thriving artistic ecosystem.