Civil and Criminal Law

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Browsing Civil and Criminal Law by Author "Sivonike, B."

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    Protection of economic rights of authors of traditional songs in Tanzania: Assessment of the law and practice
    (Mzumbe University, 2015) Sivonike, B.
    The protection of economic rights of authors of traditional songs in Tanzania is hindered by the legal framework which does not effectively safeguard and promote the efforts and rights of authors of traditional songs. This hinders authors of traditional songs from benefiting economic rights and their consequences have been assessed and analyzed based on the existing laws. The objective of this study was to assess the laws governing the protection of economic rights of authors of traditional songs in Tanzania Mainland; by analyzing whether The Copyright and Neighbouring Rights Act, [Cap 218 R. E 2002] is effective on the protection of the economic rights of authors of traditional songs. In conducting this research, the researcher employed two methods of data collection these are documentary review and field research. The researcher carried an intensive review of various text books and other related materials as part of documentary review. Interview and questionnaire were also employed in collecting primary data as far as field research is concerned. The methods employed were useful in tracing the background to the problem as well as to collect different views from various scholars on the source of the problem so does the way to embark the same. Hence it come to be known that, the authors of folk songs have never surrendered their economic rights to the state willing fully, and it was not the primary duty of the state so to do. The role of the state is just to protect and to foster the traditional songs to develop and exist. As the consequence the economic value has to be owned by the author or community itself. That the state has to facilitate the economic value of folk songs, to protect its people but not to hold copyright as how it is by now. It is neither the state which has the moral nor economic rights of the folk songs since it is not the creator. The state is the political entity and not the cultural entity. The most critical problem is the provision of copyright to the state as a holder while the community from which that song emanates still exists and benefits nothing.