Tanzania, a nation vibrant with artistic expression, grapples with a harsh reality – the poor comprehensive legal safeguards for its artists. This absence of a robust framework for artistic rights leaves creators vulnerable, their voices echoing in a legal vacuum. While the National Art Act No. 24 of 1983, Copyright and Related Rights Act No. 7 of 1999, and Tanzania Film Board Act exist, they fail to adequately address the nuances of Artistic Rights practices, leaving loopholes through which exploitation and misappropriation of artistic works can thrive.
One of the most glaring vulnerabilities lies in the limited scope of protection granted to arts and culture. The law primarily concerns censorship and ambiguity legal compliances to arts practitioners, leaving artists in a grey area. This ambiguity opens the door for unauthorized reproductions, public displays without consent, and even the claim of ownership by parties other than the original artist. During the 1960s-2000s, musicians recorded music in government facilities due to limited technology, resulting in loss of ownership. The music recorded was highly censored and the state owns all produced music. Imagine the anguish of musicians witnessing their life-long efforts, a testament to months of toil and inspiration, appropriated for commercial gain without a whisper of credit or compensation.
Most artworks (visual arts, music, performing, literature, etc.), are meant to provoke discourse on social issues. We are in an environment where they could be defaced or altered to suit a different agenda of the ruling class, silencing the artist's voice and distorting their message. This leaves artists, particularly those engaging in critical or satirical commentary, susceptible to censorship and persecution.
The economic impact of this legal blind spot is equally detrimental. The financial insecurity restricts artistic exploration and discourages young talent from entering the field, creating a ripple effect that ultimately impoverishes the nation's cultural landscape. The primary challenge in improving the situation is the maladministration of the sector despite the state's positive intentions. Resources are located improperly. Without proper protection and enhancement of Artistic Rights which comprises all factors to ensure the economic, social, cultural, and political rights of artists, will lead to precarious livelihoods of artists and stifled creativity.
However, amidst this bleak scenario, glimmers of hope flicker. A nascent movement of artists, lawyers, and cultural advocates is pushing for legislative reform. Initiatives like the Tanzania Artists Rights Organization (TARO) on advocacy for Artistic Rights protection and the ongoing efforts for creating recommendations for law reforms are paving the way for a brighter future. Workshops, roundtable meetings, and educational programs are empowering artists to understand their rights and navigate the legal complexities. in the year 2023, TARO organized and conducted a series of strategic meetings such as Stakeholder’s round-table meetings, Arts Authorities meetings, legislator’s meetings, and Tanganyika Law Society meetings. the meeting aimed to ensure Artistic Rights are perceived well and adopted into the process of making a New Constitution.
The journey towards robust artistic rights in Tanzania is difficult, but not impossible. Recognizing the intrinsic value of creative expression and safeguarding the livelihoods of those who give voice to it is not just a legal imperative, but a cultural necessity. With unwavering commitment from artists, lawmakers, and the wider community, a vibrant future awaits, where Tanzanian artists can voice their own stories, unhindered and empowered.
In light of the absence of practical Artistic Rights, there is a need to enhance the legal framework to: -
1. Ensure recognition and appreciation of all forms of art
2. Legal protection and public awareness of Artistic freedom
3. Reasonable Financial aid to Artists
4. Full participation and Engagement of Artists in their affairs
5. Gender mainstreaming in the cultural arena.
I rest my case.
Prepared by
Lembulisi Gwalugano Ayubu
Head of Visual Arts Department
Tanzania Artists Rights Organization (TARO)