MAPENDEKEZO YA KANUNI ZA MAWASILIANO KWA UMMA, ULIPAJI WA MIRABAHA KWA RADIO, TV RINGTONES NA KADHALIKA



MAPENDEKEZO YA KANUNI ZA MAWASILIANO KWA UMMA, ULIPAJI WA MIRABAHA KWA RADIO, TV RINGTONES NA KADHALIKA

GOVERNMENT NOTICE NO.…… Published on………………….

THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT 1999,
(NO. 7 OF 1999)

REGULATIONS

(Made under Section 45)

THE COPYRIGHT AND NEIGHBOURING RIGHTS (COMMUNICATION TO THE PUBLIC) REGULATIONS, 2014

1. These Regulations may be cited as the
Copyright and Neighbouring Rights
(Communication to the Public) Regulations, 2014.

2. In these Regulations, unless the context
otherwise requires:
"Act " means the Copyright and Neighbouring
Rights Act.

"Appellant" means a person who lodges appeal before the Minister.

"Licence" means a licence issued under regulation 5(1).

"Minister " means Minister responsible for copyright
and neighbouring rights

"Respondent" means a person against whom an appeal
has been lodged or filed to the Minister

"Society" means the Copyright Society of Tanzania
established under section 46 of the Act,

3. No person shall communicate to the public,
or reproduce a work in which copyright and
neighbouring rights subsists except:
(a) under a licence issued by Society
or
(b) authority by the owner of the work regulated by
the Society or
(c) free use as in the Copyright & Neighbouring Rights
Act.

4. Every application for a licence shall be
made to the Society in the form set out
in Part I of the First Schedule hereto.

5. (1) Subject to sub regulation (4),
the Society shall issue a licence in
the form set out in Part II of the First
Schedule hereto subject to:

(a) such conditions as specified in the
licensing contract, including the
submission, in the form set out in
Part III of the First Schedule hereto,
of a communication to the public
and reproduction; and

(b) the payment by the applicant of
the fees corresponding to the
appropriate tariff classification
specified in the Second Schedule
hereto;

Provided that the Society shall have the power to make an adjustment to the published tariff rates so as to provide for cost of living increases by reference to the Official Consumer Price Index, as published from time to time by the National Bureau of Statistics in Tanzania. Such Tariff adjustment shall not exceed rate of inflation as determined by the above mentioned Index.

(2) The Society is further granted the right to make such variations in the application of specific tariffs as may be considered appropriate when licensing premises or users which, in its opinion, do not fall within the scope of a specific tariff in the schedule.

(3) A license shall be valid only for the purpose for which it has been issued and for the period specified in the license contract, and with respect to the premises or user, specified thereon;

(4) The Society may refuse to issue a license and the reasons for such refusal shall be communicated in writing to the applicant in a timely manner.

(5) The Society may upon payment of prescribed fee, issue a duplicate license to a licensee where the original is lost, stolen, or destroyed. A licencee making such application shall do so in writing accompany a list of the following to facilitate decision making process:
a) a photocopy of his original licence;
b) a police loss report.

6. (1) The licensee shall publicly display the
licence in a prominent and visible position.

(2) The Society may require the licensee to show
the license issued to him.

7. The Society shall pay royalties in accordance with its
procedures stipulated in the Third Schedule or
other appropriate remuneration accrued or due
to the person entitled thereto out of the fees collected
by the Society under these Regulations.

8. (1) An applicant who is aggrieved by a decision made by
The Society in regard to refusal to issue a licence may
Appeal against the decision to the Minister for review
within thirty days (30) from the date of refusal.
Should the appeal not be lodged within this prescribed
period, the Society's decision shall stand.

(2) Pursuant to sub-regulation (1) Appeal to the
Minister must be in writing in the memorandum of appeal
stating the grounds of appeal.

(3)(a) Grounds of appeal pursuant to sub-regulation (2)
shall be consecutively numbered specifying the points
alleged to have been wrongly decided and nature of relief
sought from the Minister.

(b)To be signed and dated by the appellant.

9. (1) The appellant may, at any time after filing appeal
to the Minister issue a written notice that he does not
intend further to prosecute the appeal.

(2) Upon receipt of the notice, the Minister shall mark
the appeal withdrawn.

10. In addition to the fees payable under
these Regulations there shall be payable
the Late Payment fees to the Society specified
in the Second Schedule of these Regulations

11. Any person who contravenes these
Regulations shall be guilty of an offence
and shall be liable to penalty as per
Section 42 of the Act.

12. Anything done by the Society before, during
or after commencement of these Regulations in
respect of communication to the public, or
reproduction of any work and which thing is
capable of being done under these regulations
shall be deemed to have been validly done under
or pursuant to these Regulations.

SCHEDULES

FIRST SCHEDULE – FORMS
SECOND SCHEDULE – FEES
THIRD SCHEDULE – DISTRIBUTION RULES

FIRST SCHEDULE

FORMS
CST F.1
CST F.1
PART 1

COPYRIGHT SOCIETY OF TANZANIA
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 1999

Application No. ……………….

Application for Licence for use of works in which Copyright
and/or Neighbouring Rights Subsist

(Regulation 4)

I/We ……………………………………………………… proprietor(s)/ manager(s)
Of …………………………………………………………. apply for a licence to
Hold ……………………………………………………………………………………

Please tick or mark with X in the appropriate box
Type of use

1. Communication to the public of a work
or making available to the public of a work
2. Reproduction of a work
3. Broadcasting of a work
4. Other (Specify)…………………………………
…………………………………………………

in which copyright and/or neighbouring rights subsist under the Copyright and Neighbouring Rights Act, 1999.

Physical Address: …………………………… Telephone No. …………………..
…………………………… Location ………………………….
..………………………… District ……………………………
Post Office Box: …………………………….
Email: …………………………………………

Please tick or mark with "X" in the appropriate box
A. Telecommunications, Digital/Online, Web-/Simul-casting Services Provider:
1. Ringtones .. .. .. .. .. .. .. .. .. .. .. .. .. ..
2. Ringback tones .. .. .. .. .. .. .. .. .. .. ..
3. Digital downloads .. .. .. .. .. .. .. .. .. ..
4. Web-casting (also complete info in B)
5. Simul-casting (also complete info in B)
6. "Music on Hold"
7. Other (please specify).. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ….

B. Activities of Web-/Simul-casting Applicants:
1. Estimated Radio/Television Content:
Type of Service Radio Television
a. 01% to 24.99% .. .. .. .. ..
b. 25% to 49.99% .. .. ..
c. 50% to 74.99% .. .. ..
d. 75% to 99.99%.. .. ..

I/We ………………………………….. the
Manager/Proprietor of the above certify ……………………………
That the above information is true to the Signature of Manager or
best of my/our knowledge and belief. Proprietor
Any false information shall be punished by
the Society

FOR OFFICIAL USE ONLY

Tariff/s Applicable ………………………………………………………………………..
Fee/s Payable ……………………………………………………………………………..
File/s Number/s ………………………………………………………………………….

………..……………………………
Signature of Licensing Officer

Checked by: …………………….

Return to: The Copyright Administrator
Copyright Society of Tanzania
P.O. Box 6388
DAR ES SALAAM

Tel: +255 (0) 22 700019
Mobile: +255 (0) 786 464 007/656 084 954
Fax: +255 (0) 22 700020
Email: cosotatanzania@gmail.com

CST F.2

PART II
CST F.2

COPYRIGHT SOCIETY OF TANZANIA
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, NO. 7 OF 1999

LICENCE
(Issued under regulation 5(1))

……………………………………………………of ……………………………………..
(Name of Licensee)

……………………………………………………………………………………………..
(Physical Address & Post Office Box of Licensee)

…………………………………………………………………………………………….

is hereby licensed to ………………………………………………………………….. of works in which copyright and neighbouring rights subsists under the Copyright and Neighbouring Rights Act, 1999, at

…………………………………………………………………………………………….

…………………………………………………………………………………………….
(Name and location of premises)

in the district of ……………………………………………………………………….

Subject to the conditions specified in the contract.

Issued on ……………day of ……………………..20…………….

…………………………………………….
The Chief Executive Officer &
Copyright Administrative Office

CST F.3

PART III
CST F.3

COPYRIGHT SOCIETY OF TANZANIA
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, NO. 7 OF 1999

(Log sheets issued under Regulation 5(1)(a))

1. Only works actually communicated, P.O.Box of Licensee:
Performed or reproduce ………………………….
The frequency of communication, Physical Address of
performance or reproduction Licensee:
should be mentioned. …………………………
………………………….

2. This report must be signed by the Name: …………………….
Licensee Signature:………………..

Name of Licensed place

…………………………………………..

Music
SEQ Title of Work Composer/
Author Arranger Artist Producer
1.
2.
3.
4.
5.

Plays
Titles Author Director Producer

I/We declare that the works stated above were to the best of my/our knowledge and belief actually performed as stated.

Date ………………………………..

Name: ……………………………….

Capacity: ……………………………
Return to: The Copyright Administrator
Copyright Society of Tanzania
P.O. Box 6388
DAR ES SALAAM
Tel: +255 (0) 22 700019
Mobile: +255 (0) 786 464 007/656 084 954
Fax: +255 (0) 22 700020. Email: cosotatanzania@gmail.com

COPYRIGHT SOCIETY OF TANZANIA
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, NO. 7 OF 1999

SAMPLE CONTRACT
(Issued under regulation 5(1) (a))

COMMUNICATION TO THE PUBLIC LICENCE
(Ring tones/Ring-back tones & Downloads)

The UNDERSIGNED (hereinafter called the Licensee) and the Copyright Society of Tanzania (hereinafter called the Society) hereby enter into an agreement, regarding the communication to the public of copyrighted works in the Society's repertoire, subject to the terms and conditions contained herein.

A. Licence no.: ( < > ) Expiry date of first licence-year: (dd/mm/yyyy)
File no.: ( < > ) Initial license fee: Tshs ( < > ) (this may include a late payment fee)
Tariff: ( < > ) Anniversary Month: (mm)

B. The Society hereby grants to the Licensee, its employees or agents a licence, in accordance with the abovementioned tariff, to communicate to the public or permit to be communicated to the public any copyrighted work, for the time being in the Society's territory, from the premises (hereinafter called the licensed premises) known as:

[Trading Name and Physical Address of Service to be inserted]

and in the following manner:

[The Operation of either a Ring tones/Ring-back tone or Download Service to be inserted]

C. The Licensee shall pay on the signing hereof, the initial license fee (as stipulated in paragraph A hereof) to the Society, for the first licence-year ending on the expiry date as stipulated in paragraph A above.

D. The Licensee shall on the first day of the anniversary month (as stipulated in paragraph A above) of the first and thereafter of each and every following licence-year:

(1) furnish the Society with a statement (as defined in the terms and conditions hereto, and as certified by an auditor or accountant, or in a manner acceptable to the Society) in respect of the preceding twelve months; and
(2) pay to the Society on demand:
(a) the amount by which the provisional licence fee, calculated hereto and payable for the preceding licence-year, exceeds the license fee paid, or which became payable, for the same period; and
(b) for the next licence-year a provisional license fee calculated hereto;
provided that, if the license fee for any licence-year exceeded the actual licence fee for the same period, the Society, in its sole discretion, will either allow such excess amount as a credit against the provisional fee for the next licence-year, or refund same to the Licensee.

E. The signatory warrants that he or she is duly authorised to sign this agreement on behalf of the Licensee, and that no representations, other than those contained herein, were made during negotiations before entering into this agreement, and also acknowledges that he or she has read, understood and accepted the terms and conditions of this agreement hereof.

TO BE COMPLETED BY THE LICENSEE

For and on behalf of: [Name of Company/Partnership or Sole Proprietor]
Licensee's physical address: [Legal address of Company or Sole proprietor – could be different from premises address]

Signature: Date:

Initials and surname of signatory:

TO BE COMPLETED BY THE SOCIETY.

Signed at <……………….> for and on behalf of the SOCIETY:

TERMS AND CONDITIONS
(Ringtones/Ring-back tones/Downloads)

1 If it should appear that the Licensee is a non-existent entity or purports to be a juristic person while it has not been registered as such at the relevant Registrar's Office at the date of this agreement, the person signing this agreement as signatory shall be personally liable hereunder and be bound to the terms and conditions of this licence as though the said person was contracted by and designated in this agreement as the licensee.
2 The Society may, in its discretion from time to time revise its tariff which shall become effective on the second day of the anniversary month next following the date of such revision, in which event the Licensee shall be notified thereof in writing.
3 Subject to clause 6 hereof, this licence shall continue from year to year until terminated by either party giving the other by registered post one calendar month's notice of cancellation in writing to expire on the first day of the next anniversary month in any year, provided that in the event of the Society having given notice in terms of clause 2 hereof, the Licensee may forthwith terminate this licence in writing by registered post, subject however to its continued liability in respect of any fees payable hereunder to date of cancellation; provided further that a notice of cancellation by the Licensee shall be valid only if the Licensee shall have ceased altogether the communication to the public of music in the Society 's repertoire by the licensed premises.
4 If the Licensee should fail to furnish the statements required in terms of paragraph D(1) hereof within 3(three) months of the second day of the anniversary month, such default shall constitute a material breach of contract, which shall, without prejudice to the Society's right to demand specific performance, render the Licensee liable to pay the Society on demand as damages an amount equal to double the amount of the provisional fee paid, or which became payable by the Licensee in respect of the preceding licence-year.
5 The Licensee shall notify the Society in writing by registered post within one month of any change of address, the ownership of the licensee's business, or of the trading name of the licensed premises, or in the manner or extent of communication to the public as described in paragraph A hereof. The Licensee shall within fourteen (14) days of being requested in writing to do so, furnish the Society with information required for the assessment of licence-fees payable by virtue of any tariff revision, or any change in tariff parameters or any other changes as aforesaid. The Society shall notify the Licensee of any such reassessment in writing.
6 If the Licensee should breach the terms and conditions of this licence and fail to rectify such breach within fourteen (14) days of the date of a notice of demand in writing to do so, the Society may, subject to its right to recover any monies due hereunder, and notwithstanding anything to the contrary herein, cancel this licence forthwith by written notice per registered mail.
7 If the Society should take legal action against the Licensee for breach of contract, the Licensee shall be liable for all legal costs arising therefrom, calculated on attorney and own client scale, the costs of counsel on brief , and the costs of tracing the Licensee's whereabouts, as well as Value Added Tax on the aforementioned costs.
8 The Licensee shall be liable to pay interest on licence-fees remaining outstanding for more than 2 months from the due date, calculated monthly in advance from the due date to date of payment at the legal rate current for the time being.
9 This licence shall not extend to or be deemed to authorise:
(a) The communication to the public in their entirety of oratorios and other choral works and sound recordings thereof, or of excerpts therefrom, of more than 20 minutes duration; ballets and dramatico-musical works or sound recordings thereof, such as operas, musical plays, revues or pantomimes in so far as they consist of material written expressly therefore.
(b) The communication to the public of any musical work or sound recording thereof accompanied by any words other than those (if any) published or otherwise associated therewith by the copyright owner.
(c) The public performance of the musical works or sound recordings communicated to the public by virtue of this licence.
(d) Any communication to the public different in number or type from those on the basis of which this licence has been granted.
(e) The license granted shall not apply to any Licensed Service which knowingly or recklessly provides internet or mobile "links" to music which requires a license, but is unlicensed (whether in the form of recordings or notation, scores, lyrics, etc). The inclusion of such links on a Licensed Service shall constitute a material breach of this Agreement (which is capable of remedy)
10 The Licensee hereby chooses as domicilium citandi et executandi the address reflected in paragraph B hereof.
11 Any notice to be given to the Licensee for the purposes hereof shall, if sent by registered post, be deemed to have been received within fourteen (14) business days of the despatch date.
12 The Licensee shall not assign this licence without the Society's prior consent in writing.
13 Any indulgence, which the Society may grant to the Licensee, shall not constitute a precedent or a waiver of any of the Society's rights in terms hereof, and shall not preclude the Society from exercising its rights in terms hereof.
14 This licence supersedes all previous licences issued to the Licensee in respect of the licensed premises under the same tariff as that mentioned in paragraph A hereof, and constitutes the entire agreement between the parties. No amendment, deletion or substitution thereto, or consensual, tacit or oral cancellation shall be valid unless confirmed in writing and signed by both parties, provided that a notice of a tariff revision in terms of clause 2 hereof or of a reassessment of fees in terms of clause 5 hereof, shall form part of and be deemed to be incorporated into this licence.

SECOND SCHEDULE
FEES

1. Tariff TD Communication to the Public & Reproduction via Telecommunication, Digital/Online service providers, Web-/Simul-casting and "music on hold"

A. For Telecommunication/Online service providers and Web-/Simul-casting

1. Ringtones: (incorporating less than 1 minute of a Musical Work and shall mean a short audio recording incorporating a work (or part thereof) the primary purpose of which is to notify the User of an incoming call or message on a Device.)

Fees: 19.2% of Gross Revenue from ringtone services to consumers
subject to a minimum fee of Tshs 64 per ringtone delivered

2. Ring-back service: (audio-only recording, the sole purpose of which is to be heard by a Caller when making a call on a Telephone to a User's Telephone during the time between initiating a call and the User's phone being answered so as to connect the call)

Fees: 24% of Gross Revenue from ring-back services to consumers
subject to a minimum fee of Tshs 80 per ring-back tone delivered

3. Downloads:

Fees: 12.8% of Gross Revenue generated from the services to consumers subject to minimum fees per download as follows:

1 to 2 tracks 32 Tshs per track download
3 to 8 tracks 25 Tshs per track download
9 to 19 tracks 19 Tshs per track download
20 or greater tracks 16 Tshs per track download

4. Web-casting: (refers to online Radio/TV web-cast channels that are exclusive to the internet)

Percentage rate of gross
Revenue or gross operating
costs as follows:-

Percentage Percentage rate of
of musical gross revenues or
content ` operating costs
01 – 24.99 4.13%
25 – 49.99 6.03%
50 – 74.99 8.94%
75 – 99.99 10.84%

The above web-cast Percentage rates are subject to the following minimum annual amounts, depending upon categorization of Gross Income and Audio/Radio or Video/Television:

NATURE OF WEB-CAST MINIMUM FEE PER ANNUM
Annual Income in Tshs 000's: Lower than 15 000 Above 15 000
AUDIO/RADIO 300 000 2 200 000
VIDEO/TELEVISION 150 000 1 100 000

5. Simul-casting:

The possibility is offered by the Society to obtain a joint broadcast and web-cast licence or to obtain individual/separate licences for each distinct activity (broadcast and/or web-cast)

6. Definitions of Gross Revenue and/or Operating costs are available from the Society on request. The Gross Airtime Revenue and/or Operating costs shall be reconciled at least once per annum by reference to the annual certified audited financial report of the Licensee.

B. Communication to the public through Telecoms for music on hold on telecom switchboards.

SECTION NATURE OF EQUIPMENT ANNUAL FEE LATE PAYMENT FEE
i. Communication to the public through switchboards
Up to 10 lines 40,000 50% of the tariffs
ii. Communication to the public through switchboards
>From 11 lines to 20 lines 60,000 50% of the tariffs
iii. Communication to the public through switchboards
With over 20 lines 80,000 50% of the tariffs

C. Other Conditions

1. Concession

The application of the aforementioned Tariff monetary amounts of charge by the Society in this Second Schedule shall be phased in over two years. For the first year after the promulgation of these Regulations a non-recurring concession of 33.33% on the monetary amounts stipulated will be allowed after which the full Tariff rates will become effective, namely from the second year after promulgation of the said Regulations.

2. Late Payment Fee
The late payment fee is 50 % of the Tariff. The Society shall have the power to charge late payment fees on the individual Tariffs under this section should the Licensee not make payment within 3 months of date of original invoice

THIRD SCHEDULE
(Made under Regulation 7)

DISTRIBUTION RULES FOR COMMUNICATION TO THE PUBLIC, REPRODUCTION AND LENDING

1. RIGHTS:

These distribution rules relate to the following rights assigned to the Copyright Society of Tanzania (COSOTA)

(a) The Copyrights of national and foreign authors of music, literary and dramatic works for the following types of uses:

Communication to the public, and Reproductions made of the works.

Commercial lending of video cassettes containing such music.

(b) The Rights of the Performing artists within Tanzania and the Tanzanian Producers of sound recordings for the following types of uses:

Communication to the public, Public performance and Reproductions of the recordings.

(c) In case where a COSOTA tariff applies to both categories of rights hereinbefore mentioned the income from royalties based on such tariff shall be distributed in the following manner:

i. 50% for the national and foreign authors of musical, literary and dramatic works;

ii. 50% for the performing artists and the producers of sound recordings.

2. RIGHTS OF AUTHORS OF MUSICAL, DRAMATIC WORKS

(a) Distribution classes:

All royalties due to the national and foreign authors as well as to performing artists of musical works shall be deemed to come from the following distribution class.

Class 4

Telecommunications, Digital/Online services & Web-/Simul-casting-communication to the public and reproduction.

(b) Attribution of the royalties to the different distribution classes:

The royalties collected on the basis of COSOTA tariffs shall be attributed to the distribution classes as follows:-

Class 4 Tariffs for Telecommunications & Digital/Online

(c) Log sheets or lists to be used for distribution:

The following log sheets or lists claimed from the users shall be considered as the basis for the distribution.

Class 4 the list of ringtones and downloads supplied by the
Telecoms companies and online service providers.

All log sheets or lists received by COSOTA shall be used for purposes of distribution, except those log sheets or lists which are illegible, obviously incorrect or incomplete.

Log sheets or lists received by COSOTA after the period of its distribution activities shall be taken into account during the next distribution period.

(d) Specific rules for the different distribution classes:

Class 4

The distribution shall correspond with the number of actual downloads or reproductions per work.
(e) Distribution Keys:

The following distribution keys shall apply in

i. all domestic works

ii. all foreign works without documentation showing a different key:

Manuscript Published
Works Works

Composer of Music 100% 50%
Publisher of Music – 50%

Composer of Music 50% 25%
Author of words 50% 25%
Publisher of Music – 50%

Composer of Music 80% 40%
Adapter of Music 20% 10%
Publisher of Music – 50%

Composer of Music 40% 20%
Author of Words 40% 20%
Adapter of Music 20% 10%
Publisher of Music – 50%

In case there is a sub-publisher, the original publisher and the sub-publisher shall share their 50% share as stipulated in their contract. If this contract shall not be notified to COSOTA, equal shares of 25% each shall be attributed to the publisher and the sub-publisher.

(f) Works of Unknown Authors

Works of authors who cannot be identified shall not be taken into consideration for distribution of royalties.

(g) Periods of Distribution

The period of distribution shall be fixed as follows:-

Class 4 April 1st to March 31st.To be distributed not less than once a year
Distribution statements shall be sent not later than 3 months after the end of each distribution period.

3. RIGHTS OF THE PERFORMING ARTISTS AND OF THE PRODUCERS OF SOUND RECORDINGS.

(a) Distribution Class:

The distribution of royalties due to the national performing artists and the national producers of sound recording shall be effected in accordance with distribution class 2 above.

(b) Log sheets or lists used for distribution:

The complete log sheets or lists shall be the basis for the distribution.

All log sheets or lists received shall be used for the purpose of distribution, except those log sheets or lists which are illegible or obviously incorrect or incomplete.

Log sheets or lists received by COSOTA after the end of its distribution period shall be used during the next distribution period.

(c) Distribution Keys:

The following distribution keys shall be applied:

Performance on own record Performance on commercial
Tape of broadcaster record of a Tanzanian or Foreign
Record-Producer

i. Performing Performing Artist – 50%
Artists – 100% Producer – 50%

ii. In the case of groups of performing artist, each group member shall receive an equal share.

iii. Performance of unknown performing artists and records of unknown producers of sound recordings.

iv. Performance of artists who cannot be identified shall not be taken into consideration for distribution of royalties.

4. DEDUCTION OF COSTS OF ADMINISTRATION

Before attributing the royalties to the different distribution classes, a percentage to cover administration costs of COSOTA shall be deducted. This percentage shall be the same for all the royalties collected.

The percentage of the deduction shall correspond with the effective costs of administration of COSOTA without aiming at accumulating a reserve or making profit but it shall not exceed 30% of the Gross Royalty collections.

Should the administration costs of the Society be in excess of 30% of Gross Royalty collections, by consultation with the Rights Holder Associations, the 30% administration cost on Gross Royalty collections mentioned above may be increased up to maximum of 50% of Gross Royalty collection for a period not exceeding 5 years from the date of publication of these regulations.

5. SOCIAL AND CULTURAL PROMOTION FUNDS

After the deduction of the costs of administration as set out in item 4 herein the following parts of the net royalties received by COSOTA shall be paid:

10% of the royalties accruing from the rights of the authors of musical literary and dramatic works (Item 2 herein) shall be paid to the fund for cultural and social purposes of the author members;

5% of the royalties accruing from the rights of the performers and the producers of sound recordings (Item 3 herein) shall be paid to the fund for cultural and social purposes of the said members.

The elaborate rules for the use of the money from two funds shall be set out by the COSOTA Board, subject to the approval of the General Assembly

6. ROYALTIES RECEIVED FROM FOREIGN SOCIETIES

Royalties received from foreign societies shall be paid as soon as possible to the members of COSOTA, after deduction of a handling charge of 5% to cover administration costs of COSOTA.

7. Money for foreign societies not signatory with COSOTA will be held in reserve funds for three (3) years after which if not distributed to owners it will be used to cover administrative costs.

DAR ES SALAAM ABDALLAH O. KIGODA
SEPTEMBER, 2014 Minister of Industry and Trade



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