Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatics, musicians, architect and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
The main legislation which governs copyright in
Copyright and neighboring rights are essential to human creativity. Copyright protection gives the creators incentives in the form of recognition of their efforts and providing them with fair economic rewards. Through copyright protection, creators are assured that their works can be disseminated without fear of unauthorized copying or piracy. This in turn increases access to and enhances the enjoyment of, among other things, knowledge and entertainment all over the world.
Cinematographic works are recognized in
Introduction of digital technology and internet has posed new challenges to traditional copyright protection. This is due the fact that it facilitates piracy of copyrighted works and this is to include cinematographic works. Introduction of digital technology and internet enables private individuals to publish, reproduce and communicate copyright works to vast audiences without resorting to original owners.
Piracy is a form of theft and is mostly often involves violation of copyright law. Specifically it refers to the unauthorized copying or use of intellectual property. Some scholars classify piracy into four forms known as internet piracy, optical Disk piracy, signal theft and Public performance.
1.1 Historical background
As with the concept of intellectual property in general many Tanzanians, among the few who are aware of the existence of intellectual property, think that in Tanzania, intellectual property is a totally new concept very few among those who know that intellectual property in Tanzania came with the colonial administration, thus we see the introduction in 1924 through Chapter 218 of the Copyright Legislation Marks in 1922. So the coming into then
It is however now different due to rapid technological developments and rapid globalization process, co-operation among nations in all spheres of development including in intellectual property, becomes inevitable. International and Regional co-operation, to attempt the forging and harmonize intellectual property rights protection regimes among nations, have been made through various International and Regional Co-operation. The World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) as intellectual property norm setters have been the driving force behind these efforts. There have been some achievements although the asymmetrical reality of the developed, developing and least developed countries had made that task to be complex.
However Piracy in cinematographic works in
Prior to 1990’s the film industry in
The cap of 1967 was amended and replaced by the Copyright and Neighboring right Act No 7 of 1999.The president assent in June 1999 and the law became operational from December,31,1999.It complies with the Berne convention(1886) and the TRIPS Agreement of the world Trade organization(1994)
The new Act extended the scope of copyright to encompass among other things copyright society of Tanzania (COSOTA) The COSOTA is vested with the power to administer the copyright Act and serve as Collective Management Society. This is itself a great improvement. On the old Act among other things did not provide for an institution to administer the Act.
1.2 Statement of the problem
Copyright piracy and infringement are not victimless crimes as many people think; the true victims are the creators, designers, the authors, composers, song writers, filmmakers and investors.
Piracy in cinematographic works in
Also introduction of digital technology and internet has posed new challenges to copyright protection. Private individuals now have the ability to produce copies of copyrighted works and distribute them at minimum cost. Internet users also share video files not for their uses also on the scale that affects the profits of the right holders more Internet users continue to upgrade from slow dial-up Internet access to the fast-speed broadband access afforded them through cable and DSL modems. Technology continues to improve, making illegal copies higher quality and the means to download them faster and easier. Unlike VHS tapes that degrade, the quality of the 1000th digital copy of a DVD is as good as the original.
Peer to peer net works (P2P) is also a problem; this also has being a greater problem and one of the obstacles towards the protection of cinematographic works. In this modern world there is a tendency of file sharing where by individual shares copyrighted material on such file sharing system. This includes sharing of copyrighted movies.
COSOTA has been of little help. This is due to a number of reasons. One of the major problems is lack of enough funds to administer copyright protection in
COSOTA may not have been able to cover every spot and locate each piracy plant as most of them operate underground. Tanzanians should realize that piracy is not just a threat to the economy but a matter of national security. It is linked to organized crime and other such atrocities as it is a big money spinning venture.
Few cases have been reported; there are very few cases concerning copyright protection in cinematographic. As stated earlier the issue of cinematographic piracy is still a new concept in our society it therefore becomes very difficult to find the owner of the pirated work institute a case against the alleged pirates. Also there is no a Copyright Board to adjudicate certain cases pertaining to copyright as for many other countries such as
Despite the fact that Tanzania has ratified various international conventions and being member of various international bodies such as the Berne convention for protection of literary and Artistic works of 1886 and member of TRIPS Agreement, since January 1995 which intends to promote and protect copyright from piracy it has not succeeded to protect cinematographic works from piracy.
There is hast increase of trend and incidences of piracy in cinematographic works in
Whether protection of copyright in cinematographic works against piracy in
Whether the amendment of the existing Act would reduce the incidents of piracy in cinematographic works
Whether there is lack of awareness among the authors, actors and private individuals on the laws protecting copyright works.
Whether the copyright society of Tanzania (COSOTA) has failed to administer copyright protection in cinematographic works in
Whether there is any attempt by the government of
1.4 Objectives of the Research
The main objective of the study is to pinpoint the trends and prevalence of piracy in cinematographic works in
Raising awareness to the members of society about the importance of copyright protection in cinematographic works.
To examine the extent of which the courts has played its role in implementing the protection cinematographic works in
To examine the inefficient and or the loopholes found in The Copyright and Neighboring Rights Act, 1999.
To find out the modern tactics and strategies for preventing and combating piracy in cinematographic work in
1.5 Significant of the research
It can be used of great importance and assistance to those ho will research on other aspects
It will bring awareness in the society
It will help to convince the legislature to amend the existing laws and make them known to the public so as to be given more attention and work in accordance with the new technology
It will help legal students to develop their knowledge of the law relating to intellectual property rights especially in the copyright and neighboring rights.
Enhance legal student’s intellectual, interpersonal and transferable skills as well as developing other skills including independent research, legal research, problem solving and critical awareness of correct problems
1.6 Scope of the Study
The study will basically be confined in Copyright and Neighboring Rights Act No 7 of 1999 by looking at the definition, nature and scope of the law relating to copyrights and neighboring rights. The nature of ‘piracy’ and copyright protection in cinematographic works. The role of the court on its implementation of copyright protection.
1.7 Literature review
Davis J states that introduction of digital technology and internet has posed new challenges to traditional copyright protection. It poses novel obstacles to a similar expansion of copyright. It has enabled private individuals to publish, reproduce and communicate copyright works to vast audiences without resorting to publishers. The researcher aims at using this literature to show the importance of amending our laws to work according to the new technology such as cable television, computer software, and digital technology and internet. The author also describe circumvent technology as one of the technological measures to prevent copyright abuse. Also formation of organizations which raise public awareness of copyright infringement and its consequences, perhaps offering rewards to individuals who provide information leading to successful civil or criminal proceedings. The author suggests the increase of police search and seizure powers and the power of the court to order forfeiture of pirated goods. However the author failed to show how circumvent technology can be used as a technological measure to prevent copyright abuse. The researcher wish to explore more on how this technology can be used to curb piracy in cinematographic works.
Bentley l and Sherman B states that copyright law provides the means to protect investment and labor. The existence of copyright in particular work restricts the uses that can be made of the work. For example a person who purchases a book in which copyright subsists can not legally photocopies the book. Similarly a person who buys a protected CD can not legally make a tape of that CD for a friend. The authors also provides for the importance of Rental Directive of 1992 which provides for the rental and lending rights. The same was stated in the case of Warner Brothers and another v.Christiansen. In another case of FDV v.Leserdiskenit was asked whether the proprietor of an exclusive right to authorize or prohibit the rental and lending out of originals and copies of copy right works(“rental”) pursuant to Article 1(I) of the Rental Right Directive. This article gives the holder of the copyright in a film the right to oppose its renting out.To this point the researcher will use this literature to show how rental right directive is important and suggest the same to be incorporated into our copy
The report commissioned by the IPR commission shows that the effectiveness of laws depends on the level of their enforcement.
Wangwe states that the lack of effective intellectual property protection in
Wilson C  states that copyright will not subsist in a work unless it has been created by qualifying person. The issue of qualification is not stipulated in the Copyright and Neighboring Rights Act of 1999.The author also describes integrity as moral rights which allow LDMA works authors and directors of film to object to the derogatory treatment of their work. That is that the work has been added to, altered or deleted in such a way to amount to a distortion, mutilation or otherwise prejudicial treatment. Integrity as a moral right is not contained in the laws of
Cornish W and Llewellyn D states that the demand for increased protection has arisen. The demand for new forms of protection is dependent upon many factors including expression and liberation of economy to a point where new entrants to a market can no longer be excluded by local cartels in the form of guilds and corporation. The authors’ states further that film is a field in which the law has needed to reflect highly significant technological advances subsequent arrived of video taping and now of digital recording has added immensely to the ways in which filmed material can be produced and subsequently manipulated. However the author does not state how the problem can be curbed. He also does not clearly stipulate the forms of which can be used in the protection of cinematographic works against piracy. Therefore the researcher will go further to discuss the alternative methods and forms which can be used to solve the problem.
1.8 Research methodology
The research will be mainly conducted at library where it will involve an analysis of the problem through statutes, textbooks, journal, articles and case law on the related study and also use of other relevant material that will be available. The researcher will conduct a field research in
Alexander, D, and Jacob, R. (1993). A Guide Book to Intellectual Property: Patents, Trademarks Copyright and Designs, (4thed)
Allison, C. (1992). Intellectual Property Law, (1sted)
Allison, C and Jeremy P, (1995) Introduction to Intellectual Property Law, (3rd Ed), Butterworths,
Blanco, W. (1989) Trade Marks Copyright and Industrial Designs (2nd Ed),
Cornish, W. (2003) Cases & Materials on Intellectual Property (4th Ed),
Cornish, W., & Llewlynd, (2007) Intellectual Property (5TH Ed),
Davis, J.(2005) Intellectual Property Law (2nd Ed),
Laurie, G.T., (1997). "Intellectual Property Rights and the Interests of Indigenous Peoples”,
Marco B.(1994) "The Impact of TRIPS Intellectual Property Protection in Developing Countries", Common-Market Law Review 31:1 245-8.
Rwezaura, B.A, (1988) "Legal Protection of Intellectual Property in
Samzugi, A.S. and B. Shabaan,(2001)Implications of Copyright Protection to Distance Education in Tanzania: An Appraisal of the Copyright and Neighboring Rights Act 1999, Huria Journal of the Open University of Tanzania Volume II No. 2
Copyright and Neighboring Rights Act No 7 Cap 218(1999)
Kiria, N. J. (Host). (2009, September 16).Bongo movies [Television Broadcast].Dar es salaam.
 Cap 218
 The website of Copyright and related Rights found at http://216.69.44/guardian/2007/10/12/100276.html.accessed on 5/5/2010.
 Cap 218;Section 5(1) (f)
 A report by WIPO workshop on intellectual property law business for small and medium size Enterprises
(SMES) organized by the World Intellectual Property Organization (WIPO) in cooperation with the Tanzania Chamber of Commerce Industry and Agriculture (TCCIA) Dar-es-Salaam, May 10 and 11, 2005.
The website of Intellectual Property found at http.www.intellectual-property.orig.uk accessed on 12/5/2010
 Personal observation
 World Intellectual Property Organization
 The convention covers the artistic and literally works to put in the cinematographic works.
 Provided under Section 46 of the Copyright and Neighboring Rights Cap 218.It functions as an authority body for Collective administration of copyright and neighboring rights. The society is responsible for copyright administration and it is under the ministry of industry and Trade
 The website of copyright infringement found at http //www.copynot.com accessed on 5/5/2010
 The website of copyright rights in
 Most of copyright boards act as quasi-judicial body and has power to hear appeals against the orders of the Registrar of Copyrights, adjudicate upon disputes ob assignment of copyright and many other kinds of disputes concerning copyright abuse.
 Davis J, Intellectual property law,
 Bentley L et all, Intellectual property law,oxford university press, 2001, page 29, 47.
 ECR 2603
 The case covers the rights under council Directive of 19 November 1992 on rental and lending right in the field of intellectual property.
The report by the intellectual property rights commission
A case study for UNCTAD.1996
Wilson C, Nutshells Intellectual Property law, 2nd edition, 2005, page 71, 72.
 Literary, dramatic, musical and artistic
 Cornish W et all, Intellectual Property: Patent, Copyright, Trade marks and Allied Rights, Sweet and Maxwell limited 5th ed, 2007, page 31.