The assistant minister for Culture, Arts, and Sports in Tanzania, Hamisi Mwijuma known as Mwana FA, recently praised a ruling from the Court of Appeal that reversed a 2019 High Court verdict which had invalidated a Tsh2.1 billion ($1 million then) settlement awarded to him and musician Ambwene Yesaya, also called AY, in a copyright dispute with telecommunications company Honora Tanzania (Tigo).
On August 7, a panel of three judges determined that the High Court made a mistake by not considering various points of appeal, such as whether the Ilala District Court had authority regarding copyright issues. The case was returned to the High Court for a new trial.
Prior to entering politics, the Member of Parliament for Muheza constituency spent over two decades building a successful music career that earned him widespread recognition.
Alongside his longtime friend and business associate AY, he created multiple top-charting tracks including “Usije Mjini” and “Dakika Moja,” which were both launched in 2010.
The legal conflict between Tigo and the artists started in 2011 when the musicians filed a lawsuit against the telecommunications company for utilizing their popular tracks as paid call tones without permission.
They registered with the Copyright Society of Tanzania (Cosota) and requested compensation amounting to 4.37 billion Tanzanian shillings.
As a defense, Tigo claimed it acquired the songs through a Premium Rate Service Provider (PRSP)—Cellulant Tanzania Ltd—which should be held responsible.
In April 2016, the Ilala District Court ruled that Tigo was responsible, granting compensation of Tsh2.16 billion for specific losses and Tsh25 million for general damages, due to unauthorized commercial utilization of the two tracks.
Tigo filed an appeal, contending that the District Court did not have authority to handle copyright-related cases.
As the High Court considered the appeal, it refused to halt the enforcement of the district court’s ruling, allowing the artists to obtain payment via a garnishment order.
The issuance of the garnishment order resulted in the blocking of Tigo’s banking accounts, forcing the telecommunications company to settle the Tsh2.1 billion debt in 2018.”The legal process lasted seven years, starting from 2011 when we initiated the lawsuit up until 2016 when we received our initial ruling,” Mwana FA stated during a recent artists’ seminar called “Sanaa na Pesa” held in Dar es Salaam. “We eventually received compensation in 2018 and collected one million U.S. dollars then.”
Copyright and royalties form an artist’s main source of income; they should be paid. In 2019, the High Court reversed the decision based on jurisdictional issues, and Tigo attempted to reclaim Tsh2.1 billion from the artists, leading the artists to appeal to the Court of Appeal.
The Court of Appeal has determined that copyright legislation gives district courts authority, which standard laws cannot supersede, and criticized the High Court for overlooking ten additional points of appeal.”Many people believed we had little hope against such a large corporation and advised us to give up. However, we aimed to establish a benchmark in this nation — that art deserves respect. We were prepared to pursue this relentlessly until the end,” stated Mwana FA.
However, he stated that obtaining the Tsh2.1 billion was not always seen by him as a success.”For many people here, earning $1 million is considered a major accomplishment. However, I believe the greatest victory was demonstrating that nobody should utilize your artwork without consent, and you have the right to assert your legal entitlements,” he mentioned.Before 2019, following the adoption of amendments to the Tanzanian Copyright Act, the maximum compensation authority granted by district courts stood at Tsh200 million (approximately $76,800).”Initially, we submitted the case to the High Court instead of the District Court since the latter could only provide damages up to Tsh200 million. This is why we chose the High Court due to our request being higher than that limit,” he clarified.”The High Court heard our arguments and subsequently transferred the case to the District Magistrates’ Court based on their exclusive jurisdiction, allowing the lower court to grant awards equivalent to those permitted by the High Court. After the District Court ruled in our favor in April 2016, granting us $1 million according to the High Court’s instructions regarding exclusivity, the company disputed the ruling, claiming that the District Court lacked the authority to offer such compensation,” Mwana FA noted.He claimed responsibility for advocating the revision of the Copyright Act, shortly after receiving his payment.”I am truly pleased to be involved in this process, even though it took time. Long before becoming Assistant Minister, as a Member of Parliament, I consistently raised concerns about widespread copyright violations during parliamentary sessions; it had nearly turned into a common practice for businesses to violate protected content. I created significant attention, pushing for stronger legislation safeguarding intellectual property. The Copyright Act got revised in 2019, empowering district courts to compensate beyond Tsh200 million. That, indeed, represents my idea of progress.”Since then, multiple copyright-related lawsuits have proceeded within Tanzania.
Soggy Doggy – $269,925
In July 2024, hip-hop artists Anselm Ngaiza known as Soggy Doggy and Florence Kasela known as Dataz secured a victory in a copyright violation lawsuit against the well-known American cable TV network and online streaming platform Home Box Office (HBO). The pair filed the legal action in 2021, alleging that the Warner Bros division used their track ‘Sikutaki Tena,’ created back in 2004, in the movie ‘Sometimes in April’ without obtaining permission.
During an earlier interview, Soggy mentioned that he found out their song had been utilized as a film soundtrack by HBO in late 2015 when he was partying with companions at a nearby tavern.
In 2018, he reached out to HBO, but when they couldn’t agree on a resolution, he took legal action and received Tsh700 million ($269,925).
Bushoke – $192,803 In August 2024, artist Rutta Macximillia Bushoke received Tsh500 million ($192,803) from Kinondoni District Court as compensation in a legal case involving copyright violation against the music streaming service Boomplay.
In the late 2000s, Bushoke gained recognition through popular tracks like ‘Nalia kwa Furaha’ and ‘Usiende Mbali,’ which included collaboration with Ugandan artist Juliana Kanyomozi.
He won a legal case against the music streaming service, which had made money from his tracks without having a formal agreement.
As a counterpoint, Boomplay stated that it had signed a deal with another entity that supplied its platform with Bushoke’s music starting from 2018.
He initiated legal action in 2023 following a failed effort to secure an extrajudicial settlement with Boomplay.
Alphonce Simbu, Failuni Abdi, Gabriel Geay – $173,523
In December 2022, a local court mandated the satellite television company MultiChoice to compensate three renowned Tanzanian athletes with Tsh150 million ($5,7841) apiece for utilizing their likenesses in advertising efforts without obtaining prior approval.
Three competitors had secured spots at the Tokyo 2020 Olympics before MultiChoice utilized their photos to promote its programs through billboards and online platforms.
Simbu informed the court that due to this, he missed out on an attractive deal to be the brand representative for Azam Media.
He mentioned that Azam Media rescinded the offer after becoming aware of his connections with its rival company, MultiChoice.
MultiChoice claimed that using the images of the three athletes did not constitute advertisement, but instead was a response to an appeal from the Sports Ministry encouraging supporters to back their team heading to the Tokyo Olympics.
Raphael Boko – $77,121
In August 2023, a High Court mandated that the betting company Princes Leisure compensate footballer Raphael Boko with Tsh200 million for utilizing his likeness in a promotional advertisement without obtaining his consent. Boko had requested Tsh1 billion ($385,607) following the posting of an ad featuring his photograph on their Instagram account. Provided by SyndiGate Media Inc.
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