Traditional Knowledge Laws: United Republic of Tanzania

Subject Matter of Protection

Section 3(2) - Application 

In this Act the expression "the protection of expressions of folklore" applies to expressions of folklore developed and maintained in the United Republic of Tanzania.
(6) This Act shall further apply to -
      (b) expression of foreign folklore, provided that the country of the community from which such expressions have been derived, grants similar protection to expression of folklore developed and maintained in the United Republic of Tanzania;
      (c) works, expression of folklore [...] which are to be protected in the United Republic of Tanzania by virtue of and in accordance with international conventions to which it is a party.

Section 4 - Interpretation

"Expression of folklore" means production consisting of characteristic elements of the traditional artistic heritage developed and maintained over generations by a community or by individuals reflecting the traditional artistic expectations of their community.

Section 6 - Derivative works

(1) The following shall be protected as original works -
      (a) translation, adaptations, arrangements and other transformation of literary, and artistic works; and
      (b) collection of literary and artistic works, such as encyclopaedia and anthologies; or collection of expressions of folklore and compilation of data or data bases which, by reason of selection and arrangement of their contents constitute intellectual creation; and
      (c) works inspired by expression of folklore
(2) The protection of any work referred to in subsection (1) of this section shall be without prejudice to any protection of a pre-existing work or expression of folklore utilized for making of such work.

Section 24 - Protected expression of folklore

This Act protects expression of folklore such as -
(a) folk tales, folk poetry, riddles;
(b) folk songs and instrumental folk music;
(c) folk dances, plays and artistic forms of rituals;
(d) production of folk art, in particular drawings, painting, carvings, sculpure, pottery, terracotta, mosaic, wood work, metal ware, jewellery, baskets, costumes; and
(e) traditional musical instruments.

Beneficiaries or Rightholders

Section 29 - Competent authority

(a) For the purposes of this Act, the expression "competent authority" means The National Arts Council of Tanzania established under section 3 of the National Arts Council of Tanzania Act, 1984.

Scope of Protection

Section 25 - Utilization subject to authorization

Subject to the exception provided for in section 26, the following utilization of the expression of folklore are subject to authorization by the competent authority when they are made both with gainful intent and outside their traditional or customary context -
(a) any application, reproduction and distribution of copies of expressions of folklore;
(b) communication to the public, including recitation, performance, broadcasting or distribution by cable, of expressions of folklore.

Section 27 - Acknowledgement of source

In all printed publication, and in connection with any communications to the public, of any identifiable expression of folklore its source shall be indicated in an appropriate manner, by mentioning the community and/or geographic place from where the expression utilized has been derived. The provisions shall not apply to utilization referred to in Section 26 (c) and (d).

Exceptions and Limitations

Section 26 - Exceptions

The provisions of section 25 shall not apply in the following cases -
(a) utilization for the purposes of education;
(b) utilization by way of illustration in an original work of an author or authors, provided that the extent of such utilization is compatible with fair practice;
(c) borrowing expressions of folklore for creating an original work of an author or authors inspired by folklore;
(d) incidental utilization of an expression of folklore, including in particular-
      (i) utilization of an expression of folkore that can be seen or heard in the course of a current event for the purposes of reporting on the current event by means of photography, broadcasting or sound or visual recording, provided that the extent of such utilization is justifieid by the informatory purpose;
      (ii) utilization of objects containing the expression of folklore which are permanently located in a place where they can be viewed by the public, if the utilization consists including their image in a photograph, in a film or in a television broadcasting.