Copyright is the legal right to print, prepare, create, publish, perform, film, or record a literary, artistic, or musical work.
In Tanzania, the copyrights of the photographer are protected by The Copyrights and Neighboring Act of 1999. Section 5(2)(h) provides that Authors of original Works in which literary and artistic works shall lie copyright may Subsist and be entitled to copyright protection for their works including photographic works.
In Tanzania, the registration must be done to COSOTA (Copyright Society of Tanzania). The aim of doing registration is to make it easier to prove copyright ownership in the event of an ownership dispute or instance of infringement and to make it easier for third parties to identify the owners of the various copyrights in protected work.
Amid the application for registration of Copyright, the Applicant is supposed to attach two passport-size photographs, a National Identity card, and any document which shows that the said Applicant is the Holder of the said copyright.
After the successful registration, the said Applicant will be issued the Certificate hence the said Applicant will have the exclusive right over the said photograph. The issuance of the said certificate has been provided under Regulation 4 of Copyright and Neighbouring Rights (Registration of Members and their Works) Regulations, 2005 which is described as follows
“ An applicant under regulation 3 may be admitted as a provisional, full or successor member and be issued with a certificate, in form CST/MEMBER/NO…”
So, without proving those exclusive rights through a certificate then such a photographer will not be entitled to anything.
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