Between “Free Use” and Denial of Access: A Critical Analysis of the Copyright Licensing Scheme for Scholarly Materials in Higher Education in Tanzania

Abstract

Abstract Over the past ten years universities in Tanzania through the Committee of Vice Chancellors, Principals of Public and Private Universities in Tanzania (CVCPT), have been in dispute with the Copyright Society of Tanzania (COSOTA) over the exploitation of literary copyright protected works. This long-standing dispute has centered on a controversial copyright licensing of reproduction and rental rights scheme issued by COSOTA. On the one hand, universities claim reproduction and rental rights for educational purposes are exempted from the requirement of license under the doctrine of “free use” while the licensing body refutes such claim. This article is set to critically discuss this tension and suggest how the dispute may be resolved. The present analysis is governed by the international and national legal framework on copyright exemptions and limitations.