Copyright Protection for AI-generated Works in Tanzania: The Need for Legal Reforms

Abstract

This paper examines the current legal framework in Tanzania regarding copyright protection for works autonomously generated by artificial intelligence (AI). It highlights the lag in Tanzanian law, specifically the Copyright and Neighbouring Rights Act of 1999, in addressing the issues caused by AI-generated works. Advancements in AI, especially generative AI, are enabling the creation of literary, artistic, and musical works without human input. This challenges traditional concepts of authorship and ownership of literary and artistic works. The paper identifies limitations in the Tanzanian copyright law, which only recognizes human authorship and thus excludes AI-generated works from protection. The consequences of this exclusion include the loss of economic rights for developers and owners of AI technology in works generated by AI, the stifling of innovation due to a lack of incentive, and a lack of legal clarity on moral and economic rights over such works. The paper further explores the human rights implications of this legal gap. It proposes that rights such as the ownership of intellectual property and fair economic gain from one's work should extend to the developers or owners of generative AI technologies. Borrowing from the UK’s approach of attributing authorship to those who arrange for AI-generated works, the paper advocates for similar reforms in Tanzania. The proposed legal changes aimed at creating a copyright framework that better supports innovation, investment, and fair economic incentives for creators in the digital era