The so called Tanzania Copyright and Neighbouring Rights Act, 1999 gives the artists copyright control over their artworks.
It is not required by Tanzanian Copyright Law that the painter must register the painting with authorities in order to claim the copyright. The artist acquires the copyright automatically simply when the artwork is completed.
However, the Tinga Tinga artists do frequently register the paintings with Copyright Society of Tanzania (COSOTA) to have legal proof copyright and are registered with National Arts Council of Tanzania (BASATA) which also supports the artists´ rights.
There is no such thing as an “international copyright” that will automatically protect the artwork throughout the entire world. However, most countries do offer protection to foreign works under international copyright treaties and conventions. One of the most important conventions initiated by WIPO is Berne Convention for the Protection of Literary and Artistic Works which was signed by 164 countries.
When original work of art is sold, the purchaser is buying the actual painting. No reproduction rights pass to the retainer. The artist retains the copyright.
Even if you bought the original painting, you must seek permission from the copyright owner to reproduce the image of the painting. This is done by means of licensing agreement with the artist and Tinga Tinga Cooperative.
According to Tanzania Copyright and Neighbouring Rights Act, 1999, the copyright lasts for 50 years after the artwork was completed. After artist´s death the copyright passes to heirs. In case of old Tingatinga paintings created by E.S.Tingatinga, the heirs are his children Daudi and Martina Tingatinga.
The text and images from Tinga Tinga Studio may be reviewed, reproduced or translated for research or private study but not for use with commercial purposes. If your article is published in any commercial newspaper, magazine or book, then you must seek permission. Any use of text or images should be accompanied by an acknowledgment as the source. Citing the uniform resource locator (URL), Tinga Tinga Cooperative and the name of artist is sufficient. Reproduction of substantial portions of Tinga Tinga Studio Website or any use other than non-commercial purposes, requires explicit authorization in writing. Enquiries should be addressed to Daniel@Afrum.com
Infringement of copyright may result in damages, lawsuits, costly legal fees and under some rare circumstances, criminal charges.
New technology enables copyright owners to identify unlicensed imagery and act to protect their rights. Imagery is ‘fingerprinted’ so that it can be tracked and found in use, even if it has been modified, recreated or if only part of the image has been used.
No. Just because an image is on the internet doesn’t mean the image is free to use.
In most cases "no" unless your use is specifically permitted by copyright law. All images on your website must be properly licensed, regardless of the nature of your site.
Afrum and the Tinga Tinga painters are owners of the worldwide copyright of the Tinga Tinga paintings. Only Afrum and/or the individual artists who has created the images are able to authorise copyright licences in any format for any purpose.
Afrum and the Tinga Tinga painters have an open door policy and has to date never refused permission reasonably requested and has often granted permission at nominal fees where educational purposes and lack of funds are apparent.
For more information on the copyright or to enquire about the use of Tinga Tinga art works you should get in touch with the licensing agency Afrum (Daniel@Afrum.com). You can request license for the images through LICENSING REQUEST FORM.
Fraudulent and misleading actions in relation to the use of art work of Tinga Tinga in copyright protection.
Afrum has discovered certain parties have been acting fraudulently in relation to Tinga Tinga artists´copyright and in breach of copyright legislation worldwide. Afrum has the right under International and National Laws to demand on behalf of the Tinga Tinga painters delivery up, destruction and damages on notice and destruction of any such items which contain reproductions in the hands of third parties and will do so. Afrum is enforcing the individual artists' intelectual property rights through Maleta & Ndumbaro Advocates who demand delivery up, destruction and damages against all parties who have on display, or in the public domain any works by Tinga Tinga artists to which a licence has not been officially granted by the Afrum. If you are reproducing or selling any article which contains reproductions of Tinga Tinga art works kindly ensure that you have an official licence from the Tinga Tinga artist.
It should be noted by third parties that the display of works or reproduction or purchase of books or any material containing in any way works or details of Tinga Tinga art not lisenced by the Afrum constitutes inter alia an act of copyright infringement, possible criminal conduct and leaves the third party open to legal action by Maleta & Ndumbaro Advocates. Consideration of persuit of legal action is always dependent on the nature of the infringement, the attempts by innocent third parties to have attempted to contact the Afrum, bona fides, and the acts taken by them to rectify the infringement and make good the damage. As time passes it is clear the name and address of Afrum and their websites are becoming more internationally known and the bona fides of innocent third parties becomes more difficult to establish.
The Tinga Tinga art suffers due to high amount of copyright infringements, plagiarism and forgeries. Many copyright infringements were committed by big multinational companies. Many plagiats (someone's copy of E.S.Tingatinga's painting with claim that it is one's own) were exhibited at galleries and museums around the world. And many forgeries were auctioned at respectable auction houses.
On this page, the acts of copyrights infringements, plagiarism and forgeries will be published. To avoid suits, no names of companies or persons involved are mentioned.
INFRINGEMENT - many companies copied the images of the E.S.Tingatinga and other artists without prior permission from the copyright holder. Many times, the copyright infringement is commited for the commercial reason. It is easy to comprehend the commercial nature of the copyright infringement when post cards, T-shirts or cups with Tingatinga's images are sold. But even the usage of the Tingatinga's images on websites, NGO leafets or magazines may infringe on the copyright.
PLAGIARISM - it is also called missattribution as the artist reproduce the image of E.S.Tingatinga and then signs with his/her own name. Many times the artists paint without intention to deceive but these paintings must be uncovered so that the owners or potential customers understand that such works represent values of E.S.Tingatinga. Plagiarism is not a crime but is easier to fight at courts than forgeries as it involves the act of copyright infringement. Plagiarism is dishonest and unethical as it steals someone's else ideas while claiming to be one's own.
FORGERY - it is a painting created with an intention to deceive. It does not need to be an exact copy of the existing painting of E.S.Tingatinga. In fact, many forgeries are new art works. The forgery is considered as a criminal act. The forgeries have also a negative impact on the value of the original paintings of E.S.Tingatinga.
Tips when buying the valuable Tinga Tinga paintings (they can be forged!)
- Receive an invoice!
- Get a certificate of authenticity!
- Ask for a provenance!
Even if this is no guarantee that the paintings isn't forged, you will have much better chance to get remedy or even take legal action against the seller.