Selected year snapshot
For 1999, the active event in this file is Copyright and Neighbouring Rights Act, 1999 (Act No. 7 of 1999).
100%
Current rationale
Section 12 of the 1999 Act establishes a general fair use exception modelled on U.S. fair use (17 U.S.C. § 107). It explicitly lists 'scholarship or research' among the illustrative purposes. The exception covers 'reproduction in copies or by any other means specified by that section' — referring to the full range of economic rights in section 9 (reproduction, translation, adaptation, distribution, communication to the public, etc.). It applies to any user (no restriction to individuals or institutions) and to any type of work. The four-factor test is a balancing mechanism, not a categorical restriction. Uses: covers reproduction and other exclusive rights ('any other means specified by that section'). Works: applies to all works. Users: open to any user. This is a classic open fair use clause covering research, and therefore GREEN. The non-commercial factor in 12(2)(a) is a consideration in the balancing test, not a categorical restriction, and in any event non-commercial restrictions are classification-neutral.
Exceptions considered
General fair use exception: fair use of a work by reproduction or any other means for purposes such as criticism, comment, news reporting, teaching, scholarship or research, subject to four-factor balancing test.
Law changes
Copyright Act, 1966 (Act No. 61 of 1966)
Baseline · Effective 1966-01-01
?
Dates: Effective 1966-01-01 · Enacted 1966-01-01
Why this score
The Copyright Act 1966 (Act No. 61 of 1966, Cap. 218 of the 1965 Revised Laws supplement) was the copyright statute in force in Tanzania on 1990-01-01. Despite extensive web searching, I was unable to locate the full statutory text of this Act online. No digitised version appears on TanzLII, WIPO Lex, or the Tanzanian government gazette archives. The 1966 Act was repealed and replaced by the Copyright and Neighbouring Rights Act, 1999 (Act No. 7 of 1999). Without access to the actual text of the 1966 Act's exceptions and limitations provisions, I cannot determine the scope of any research, private study, or fair dealing exceptions that may have existed. Therefore the classification is AMBIGUOUS based on inability to verify the statutory text, not uncertainty in analysis.
Copyright and Neighbouring Rights Act, 1999 (Act No. 7 of 1999)
Relevant update · Effective 1999-07-01
100%
Relevant section: Section 12
Dates: Effective 1999-07-01 · Enacted 1999-06-24
Why this score
Section 12 of the 1999 Act establishes a general fair use exception modelled on U.S. fair use (17 U.S.C. § 107). It explicitly lists 'scholarship or research' among the illustrative purposes. The exception covers 'reproduction in copies or by any other means specified by that section' — referring to the full range of economic rights in section 9 (reproduction, translation, adaptation, distribution, communication to the public, etc.). It applies to any user (no restriction to individuals or institutions) and to any type of work. The four-factor test is a balancing mechanism, not a categorical restriction. Uses: covers reproduction and other exclusive rights ('any other means specified by that section'). Works: applies to all works. Users: open to any user. This is a classic open fair use clause covering research, and therefore GREEN. The non-commercial factor in 12(2)(a) is a consideration in the balancing test, not a categorical restriction, and in any event non-commercial restrictions are classification-neutral.
Exceptions considered
General fair use exception: fair use of a work by reproduction or any other means for purposes such as criticism, comment, news reporting, teaching, scholarship or research, subject to four-factor balancing test.
Original text
12.-(1) Notwithstanding the provisions of section 9, the fair use of a work including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research shall not be an infringement of copyright. (2) In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include- (a) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; (b) the nature of the copyrighted work; (c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) the effect of the use upon the potential market for or value of the copyrighted work.
Source links
Written Laws (Miscellaneous Amendments) Act, 2023 (Copyright and Neighbouring Rights Act amendments)
Relevant update · Effective 2023-01-01
100%
Relevant section: Section 12
Dates: Effective 2023-01-01 · Enacted 2023-01-01
Why this score
The 2023 Revised Edition (R.E. 2023) of the Copyright and Neighbouring Rights Act, Cap. 218, as published by COSOTA, shows that Section 12 is now titled 'Free use' (previously untitled or titled differently). The table of contents of the R.E. 2023 also shows new sections 13 ('Limitations for accessible format copies') and 14 ('Conditions for import or export of accessible format copies'), which were added to implement the Marrakesh Treaty. However, the core fair use provision in Section 12 remains in the Act. The full text of Section 12 in the R.E. 2023 could not be fully extracted from the PDF retrieved, but the section heading 'Free use' and its position in the Act structure confirm it continues to exist. Additional sections 13-14 relate to accessible format copies (for persons with disabilities), not specifically to research. The fair use provision in Section 12 remains the most permissive research-relevant exception. Uses: covers reproduction and other exclusive rights. Works: all works. Users: any user. Classification remains GREEN.
Exceptions considered
Free use / fair use exception for purposes including scholarship and research, covering reproduction and other means.
Limitations for accessible format copies (Marrakesh Treaty implementation) — permits making accessible format copies for beneficiary persons with disabilities.
Temporary reproduction — permits incidental temporary reproduction that is transient or incidental.
Original text
12. Free use.
Source links
Copyright and Neighbouring Rights Act, Cap. 218 [R.E. 2023]
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Section 12
Dates: Effective 2025-01-01
Why this score
As of 2025, the Copyright and Neighbouring Rights Act, Cap. 218 [R.E. 2023] remains in force in Tanzania. Section 12 continues to provide a general fair use exception explicitly covering 'scholarship or research.' The exception covers: (1) Uses — reproduction and 'any other means specified by [section 9],' which includes distribution, communication to the public, translation, adaptation, and other economic rights; (2) Works — all types of works without exclusion; (3) Users — any user, with no restriction to individuals or institutions. The four-factor balancing test (purpose and character, nature of work, amount used, market effect) governs application but does not categorically restrict the exception. There is no TDM-specific exception, but the general fair use clause is broad enough to potentially cover TDM activities. No amendments narrowing Section 12 have been identified. Classification: GREEN. Non-commercial purpose is merely a factor in the balancing test, not a categorical restriction, and is classification-neutral in any event.
Exceptions considered
General fair use exception: fair use of a work by reproduction or any other means for purposes such as criticism, comment, news reporting, teaching, scholarship or research, subject to four-factor balancing test.
Limitations for accessible format copies (Marrakesh Treaty implementation) — permits making accessible format copies for beneficiary persons with disabilities by authorized entities.
Temporary reproduction — permits incidental temporary reproduction that is transient or incidental and an integral part of a technological process.
Original text
12.-(1) Notwithstanding the provisions of section 9, the fair use of a work including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research shall not be an infringement of copyright. (2) In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include- (a) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; (b) the nature of the copyrighted work; (c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) the effect of the use upon the potential market for or value of the copyrighted work.