Assessment on the Law Relating to Copyright Protection against Piracy on Music Industry in Tanzania. CHAPTER FOUR.

 

CHAPTER FOUR

CONCLUSION AND RECOMMENDATION

               4.1 Conclusion

This research was carried out in order to learn about the state and working patterns of music business in Tanzania, especially concerning the issue of piracy. Our aim was to find out how well the copyright law was implemented, what are the problems musicians in Tanzania face when it comes to copyright protections against piracy and what are the obstacles and possibilities for the kind of growth of the business that would also lead to growth in young people’s self employment possibilities and increase in the incomes of the artists. This research therefore concludes as follows:

The foremost problem facing the Music Industry in Tanzania is illiteracy, particularly of the artists. Lack of knowledge of the right amongst the creators themselves is a very big challenge which makes most of the Musician to loose their rights.

Many musicians still operate as self employed persons, and are part – times. There are very few who earn good income. In recent year there are musicians who have turned into music profession. The industry has become the main source of employment for the youth. New and upcoming talents have promoted what is known as ‘Bongo flavor or Tanzania blend of hip hop or rap’.[1]

Lack of general knowledge and information on intellectual property law is also a setback which makes the fight against piracy difficult. Most of the people in Tanzania do not have copyright awareness. They used to buy infringed copy of cassettes from piraters because their sold at the low prices which makes them prospers much economically. Most of the people in Tanzania did have ability of identifying of counterfeit and pirated products. 

Protection of copyrights paves the way for sustainable generation of income flowing to the owners who in turn are potential tax payers to the government that have an obligation to provide social services like health, water, communication network, electricity and infrastructures generally to the community or society at large. It is through taxation that the government is empowered to run various development projects ranging from education, security, energy and essential administrative functions. An artist say a composer of a piece of music or an author of a published work, is essentially a tax payer as a result of sale, license, transfer / and or assignment pertaining to his or her work.[2]

The cost of litigation and the length of time taken to determine infringement cases are lengthy and tedious and the costs in civil cases tend to be prohibitive. The right holders in many circumstances opt not to pursue the matter in court of law as it might prove to be too expensive in the long run. In the case of criminal infringement, the infringers are likely to be repeat offenders as the fines and custodial sentences are minimal; they are neither punitive nor deterrent. Furthermore, there have been no custodial sentences meted out by the courts as the offenders are often given the option of paying the fine, which they do without hesitation.

Failure to appreciate the importance of intellectual property is also a contributory factor for the fight of piracy to become difficult. Infringement of intellectual property is also seen as a civil matter and not a criminal offence, though in reality and that the fact that infringement of copyright is also a criminal wrong. Police officers as the law enforcers should be educated that infringement of copyright is also a civil wrong and that they should deal in it as they normally used to deal with the criminal wrong.

4. 2 Recommendations

On the basis of this research finding, we wish to assert the following recommendations in order to prevents or suppress piracy:-

Tanzania must take various steps to remedy the situation and fight counterfeiting and piracy. One of the priorities by the Government of Tanzania is to sensitise and educate the law enforcement agencies, the public, right holders and the users on the importance of protecting and enforcing intellectual property rights. To this end, various intellectual property offices such as the Tanzania Industrial Property Institute, The Tanzania Copyright Board and TAPHIS have embarked on sensitisation programs in conjunction with various industry players and stakeholders. So far there have been workshops and seminars held for the customs and police officers, the officers from the Bureau of Standards and Weights and measures as well as the various right holders and users. The training will also target the judicial officers who are important players in the judicial enforcement of intellectual property law.

The Government must ensure the constant review of the relevant legal instruments to ensure that they cover the interests of the right owners and make sure that there is great need of having a clear policy which purposely gives special regards to the interest of all stakeholders who are connected with the music industry. This policy should be under the control of relevant authority which is relevant to the people. This should be other than COSOTA. In order to have a good policy which ensures wide coverage and sufficient response to interests of stakeholders, it is necessary also, that all the responsible stakeholders must be consulted. Through consultation all the grievances of the affected groups can be expressed and a sustainable solution be found.[3]

Tanzania must also be keen to work with the other countries within the region and other regional organizations such as the East African Community, COMESA, to ensure that the enforcement of intellectual property rights is harmonized.

The Government in its efforts to suppress piracy must initiated training for the various categories of officers, from inspectors to customs officers, public prosecutors, as well as members of the judiciary who deal with anti-counterfeiting and anti-piracy matters. But of more important the government through COSOTA should form an Anti – Piracy Task Force in all regions. Moreover, COSOTA should launch a National Anti – Piracy Campaign which will include many activities such as street marches, music festivals, radio programs, posters, etc.[4] This campaign should be implemented in all regions and not confine it at few big regions. This because piracy had now spread all over the country and new strategies should be implemented to make sure that that fight yield expected fruits.

Moreover, Tanzania must be keen to revise the existing laws to enhance the penalties for infringement so that they are not only punitive but act as a deterrent. Court’s discretion on giving sentences pertaining to the offences which fall under Section 42 (1) (a) and (b)[5] should be limited and provides for the maximum and minimum sentences rather than leaving a room to the magistrates or judges to use their discretional powers.

It is my humble opinion that if the above proposals are positively considered, all the challenges which faces music industry in Tanzania could be easily solved and eventually stakeholders’ interest be sustainably protected and the government objective to create jobs opportunities especially to youths and increase revenue to the Government will be achieved as music is also a great sources of income.

 CHAPTER ONE

CHAPTER TWO

CHAPTER THREE

CHAPTER FOUR

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[1]     An Advocate with Sungwi Advocates speaking on the Guardian on December, 31, 2007

[2]     Mgonja, H.O. Loc cit

[3]     Workshop Report Stakeholders Workshop. Op. cit.

[4]     Presentation of Mr. A. Millinga: Semina kwa Wabunge Kuhusu Tasnia ya Muziki: op. cit

[5]       [5] Act No. 7 of 1999