PROTECTING AUTHOR’S MORAL RIGHTS: A NEED FOR REVISITING THE COPYRIGHT LAW IN MAINLAND TANZANIA

Abstract

Copyright law protects economic and moral rights. The former enables right holders to earn economic gains while the latter aims at protecting author’s personality, honor and identity. The Berne Convention for the Protection of Literary and Artistic Works sets the minimum term of protection for moral rights. However, the TRIPS agreement does not create an obligation to protect moral rights but requires member states to the World Trade Organization (WTO) to adhere to non-derogatory principle. Mainland Tanzania, being member to Berne Convention, provides the exact minimum term of protection provided under this Convention. This position challenges the sufficiency of protection of moral rights since the Mainland Tanzanian Copyright law protects moral rights for a specific period of time. Hence endangering protection of author’s personality. This article reveals existing weakness on legal protection of author’s moral rights in Mainland Tanzania. Lessons are drawn from Zanzibar, Uganda, Rwanda, EU and China.