Copyright Beyond the First Sale: A Guide to the Tanzania Copyright and Neighbouring Rights (Rights to Benefit from Re-Sale) Regulations, G.N. 687 of 2025

On 19 December 2025, the Minister for Information, Culture, Arts and Sport (the Minister) issued the Copyright and Neighboring Rights (Rights to Benefit from Re-Sale) Regulations, G.N. 687 of 2025 (the Regulations) made under section 49 of the Copyright and Neighbouring Rights Act, Cap. 218 (the Act). The Regulations mark a significant step towards strengthening the protection of visual and graphic artists in Tanzania Mainland.

By recognizing artists’ continuing economic interest in the appreciation of their works over time, the Regulations introduce a statutory framework that regulates and grants artists an inalienable right to benefit financially from the commercial re-sale of their original artworks after the first transfer of ownership. 

This legal update highlights the key provisions of the Regulations, including the scope of protected works and the obligations imposed on artists, buyers, sellers, dealers, and other art market participants.

Key Definitions

The following are among the key terms defined under the Regulations:

“Re-sale rights” means rights specific to graphic and visual artists allowing them to benefit from the increased re-sale value of their work in the art market;

“Office” means the Copyright Office of Tanzania established under the Act; and 

“Right holders” means an individual or social group with particular entitlements in relation to specific duty bearers.

Protected works and scope of re-sale rights

The Regulations grant the author of an original applied or fine artwork, an inalienable right to a share in the proceeds of each commercial re-sale of that work through re-sale royalties. This entitlement is subject to the following conditions:

• a copyright subsists in that particular artwork;
• the re-sale occurs after the first transfer of ownership; and
• the auction re-sale is not conducted solely for charitable fundraising.

Legal protection under the Regulations is limited to works of art, graphic works, three-dimensional works, and manuscripts, which include the following: 

• artists books; batiks; carvings; ceramics; collages; digital artworks; drawings; engravings; fine art jewelry; glassware; installations; lithographs; multimedia artworks; paintings; photographs; pictures; prints; sculptures; tapestries; video artworks; weavings; and architectural works.

Where a name or mark appears on an artwork purporting to identify a person as the artist, the Regulations create a presumption that the named person is the author of that work, unless rebutted by evidence.

Management of re-sale rights

The management of artists’ re-sale rights is vested in the Office, which is mandated to work closely with right holders, as well as relevant federations or associations representing artists. To facilitate effective administration, right holders and their representative bodies are required to:

• register their artworks with the Office;
• notify the Office of any sale of their works;
• submit their Tax Identification Numbers (TIN); and
• submit relevant contractual arrangements and jointly follow up with the Office on artworks sold through dealers or at auctions.

Where an original applied or fine artwork is resold and the Office is duly notified in writing, with all details of the parties to the transaction and the type of artwork sold, the Office is required to process the information and provide guidance on the applicable royalty payment procedure.

Rate and payment of re-sale royalties

Under the Regulations, a re-sale royalty is payable, by either the seller, any person acting as an agent for the seller, or the buyer, at a rate of five percent (5%) of the commercial re-sale price of the artwork. The royalty must be paid to the Office within fourteen (14) days from the date of the re-sale.

Any failure to make payment within the prescribed timeframe attracts an additional charge equivalent to one percent (1%) of the re-sale price.

Distribution of re-sale royalties

Upon receipt of re-sale royalties, the Office is required to pay the royalties to the artists after deducting:

• any applicable lawful taxes payable to relevant authorities; and
• an administration fee of thirty percent (30%), which is retained by the Office.

For royalties collected from foreign collecting societies, the Office shall pay the same to the artist after deducting an administration fee of five percent (5%).

Right to information

The Regulations empower the Office to formally request, in writing, information relating to transactions that may fall within the scope of artists’ re-sale rights from art market professionals, auction houses, sellers, and other participants involved in the commercial re-sale of original applied or fine artworks. All such persons are required to comply with these requests and provide the Office with any relevant information necessary for the administration and enforcement of artists’ re-sale rights.

Appeals

Where a person is aggrieved by a decision made by the Office under the Regulations, that person may lodge an appeal to the Minister within thirty (30) days from the date of the decision.

Concluding Remarks

The introduction of the Regulations represents a significant development in Tanzania’s copyright regime by formally recognizing artists’ continuing economic interests in their original artworks beyond the first sale. By establishing a clear framework for the management, payment, and enforcement of re-sale royalties, the Regulations strengthen protection for visual and graphic artists while imposing defined obligations on art market participants.