📌 Overview: Copyright & Digital Music in Tanzania

In Tanzania, musical works (lyrics, compositions, recordings) are protected under the Copyright and Neighbouring Rights Act (Cap. 218). Copyright owners have exclusive rights to reproduce, distribute, publicly perform, or license their works. Digital marketplaces and platforms that distribute or monetise music must obtain appropriate licenses from rights holders or collective management organisations such as the Copyright Society of Tanzania (COSOTA).

Tanzania is also a party to international treaties like the Berne Convention and the WIPO Copyright Treaty, which influence domestic licensing obligations and protections.

📍 Key Case Laws & Their Licensing Implications

1. Hamisi Mwinyijuma & Ambwene Yesaya v. Tigo (Honora Tanzania)

(Civil Appeal No. 42 of 2023 – Court of Appeal of Tanzania)

Facts: Tanzanian musicians known as MwanaFA (Hamisi Mwinyijuma) and AY sued mobile operator Tigo for using their songs (“Usije Mjini” and “Dakika Moja”) as commercial caller tunes without authorization and without paying licensing fees. The songs were registered with COSOTA.

Trial Court Decision:

The Ilala District Court ruled that Tigo infringed the artists’ copyrights and awarded ~TSh2.16 billion in special damages plus general damages.

Rationale: Tigo commercially exploited the works without permission or licensing, thus breaching exclusive rights.

High Court Ruling:

Initially, the High Court set aside the judgment solely on the ground that the District Court lacked pecuniary jurisdiction because the amount exceeded its statutory limit.

Court of Appeal Ruling (2025):

The Court of Appeal overturned the High Court’s decision, holding that District Courts have original and unlimited jurisdiction over copyright matters, regardless of the monetary value of the claim.

The case was remitted for rehearing on the merits.

Legal & Licensing Significance:

This judgment confirms that unauthorized use of digital music (e.g., caller tunes) without licensing is actionable.

It emphasises the need for platforms and marketplaces to secure proper licensing agreements before distributing or monetising music content.

It also clarifies that copyright enforcement structures in Tanzania are broad enough to bring high‑stakes licensing disputes before local courts.

2. Nurdin Mohamed Ahmed Sheikh Kishkin v. Mic Tanzania Ltd

(Civil Appeal No. 85 of 2019 – Tanzanian Court)

Facts: A Tanzanian musician alleged that Mic Tanzania Ltd (a telecom/operator) used his musical works as ring‑back tones without authorization.

Court Findings:

The court acknowledged that the claimant held copyright in his works.

However, he failed to sufficiently prove ownership and registration or demonstrate the specific acts of infringement with clear evidence.

Implications:

Shows that proof of ownership (registration/ evidence of original authorship) is critical in licensing disputes.

Producers and platforms must maintain clear documentation and licenses to avoid disputes over rights ownership.

3. Dotto Bernard Bwakeya (a.k.a. Lameck Ditto) v. MultiChoice Tanzania Ltd

(Civil Case No. 180 of 2020 – Tanzanian Court)

Facts: A musician sued MultiChoice Tanzania for using his song “Nchi Yangu” in a commercial advertisement for the AFCON campaign without permission.

Court Outcome:

The court recognised that the artist owned the original song.

However, it found that the version used by MultiChoice was not the claimant’s original recording; thus, his infringement claim failed.

Licensing Insight:

Platforms and broadcasters must ensure that licenses cover specific recordings and versions of songs, not just general titles.

Misattribution or uncertainty about which version is licensed can defeat a claim even where copyright is recognized.

4. Rutta Maximillia Bushoke v. Boomplay

(Reported Tanzanian District Court Decision)

Facts: A Bongo Flava singer sued Boomplay, a digital music streaming service, alleging it streamed his songs and generated revenue without a contract or license.

Outcome:

The court awarded the artist TSh500 million in damages for copyright infringement (reported decision).

Boomplay had argued it obtained the tracks from a third party, but the singer showed no valid licensing agreement existed.

Significance:

Digital platforms that source music via third‑party aggregators must verify that those intermediaries hold proper sublicenses.

Failure to secure a licence directly from the rights holder exposes digital marketplaces to liability.

5. General Licensing Context: COSOTA & Collective Rights Management

While not a single case, the role of the Copyright Society of Tanzania (COSOTA) is central:

COSOTA is the main collective management organisation (CMO) that licenses songs on behalf of artists.

Music distributors and digital marketplaces often obtain licences through COSOTA to legally exploit copyrighted works.

Failure to obtain COSOTA licensing has been a recurring factor in infringement cases.

Licensing Principle:
Under Tanzanian law, copyright owners may grant rights through direct contracts or through collective licensing. Digital music platforms must ensure lawful licensing before offering content. Unlicensed distribution, even through intermediaries, is actionable.

📌 Comparative Insight: Why These Cases Matter

Across these Tanzanian cases, several core legal principles about copyright licensing in digital music settings emerge:

🔑 1. Unauthorized Use = Infringement

Using a song as a caller tune, stream, or in a commercial without permission obligates platforms to pay royalties/damages if they lack proper licensing.

🔑 2. Proof of Rights is Essential

Claimants must demonstrate clear ownership of copyright — through registration or evidence of original authorship — to prevail in licensing disputes.

🔑 3. Jurisdiction Clarity Improves Enforcement

The Tanzanian Court of Appeal has established that even high‑value copyright claims can be heard in lower courts, improving access to justice for creators.

🔑 4. Digital Platforms Must Secure Licenses

Whether telecom, streaming, or digital marketplaces, services cannot rely on third‑party assurances; they must hold valid licenses from rights holders/COSOTA.

🔑 5. Contracts Must Be Clear and Specific

Licenses must specifically cover the version of the song, the platform use, and the duration. Ambiguous contracts risk litigation.

📌 Practical Licensing Lessons for Tanzanian Digital Music Marketplaces

To operate legally and avoid costly litigation:

✅ Obtain direct licenses from rights holders or through COSOTA.
✅ Ensure contracts specify digital exploitation rights (streaming, caller tunes, downloads).
✅ Maintain documentation proving legal acquisition of tracks.
✅ Verify third parties (distributors, aggregators) have sublicenses.
✅ Implement robust royalty reporting and payment systems.

📌 Conclusion

The Tanzanian digital music marketplace is rapidly evolving, but the country’s courts have already started shaping copyright enforcement and licensing norms. The core message from case law is clear: unauthorized digital use of music leads to liability, and digital platforms must secure formal, verifiable licenses to operate lawfully.