Dar es Salaam. Content creators have been urged to seek legal advice before producing or releasing their work to protect their intellectual property and avoid costly disputes and regulatory penalties.
The call comes as Tanzania’s creative industry continues to create employment and business opportunities for young people, with experts warning that many creators only seek legal assistance after problems have already emerged.
Technology expert Dominick Dismas said getting legal advice at the beginning of a project could help creators avoid costly mistakes and turn their intellectual property into a legally protected business asset. “Seeking guidance early transforms intellectual property from a vague concept into a legally enforceable business asset,” he said.
Mr Dismas further added that one of the common mistakes among creators was confusing copyright, trademarks and patents, which could result in them seeking the wrong form of protection.
Beyond protecting ownership, he said legal advice could help creators determine whether the content they planned to produce complied with existing laws and regulations.
“Many creators make this mistake without knowing that the content they are producing is subject to laws and procedures or that they may be crossing certain boundaries,” he said.
The need to seek such advice early was also emphasised by creative industry stakeholder Angela Kilusungu, who said creators should consider having a lawyer they can consult before making important decisions about their work. “Legal provisions are very difficult for creatives.
If you want to confuse a creative person, just tell them about Section Seven,” she said. “One place to start protecting your intellectual property is by getting legal advice... before you do anything else,” she said.
She said creators could also work together and contribute money to obtain legal advice, instead of each individual having to maintain a lawyer on a permanent basis.
“You may form a group, pool your money, and hire that lawyer to represent you for a day. Ask for advice. We know legal advice is expensive, and legal proceedings are even pricier,” she said.
Ms Kilusungu said while creators could use downloaded contracts and artificial intelligence-generated materials as starting points, such materials should not replace professional legal advice.
She said the timing of legal advice is particularly important when it comes to intellectual property, arguing that creators should not wait until a dispute.
“Seeking a lawyer after your work has been stolen is different from seeking one when you are starting to release it. So, you have to pick your fight,” she said. The concern extends beyond intellectual property, with business content creator Gladness Mungo warning that creators could also face regulatory consequences for content they believe is acceptable.
“We have witnessed content creators being summoned by the minister. You may think what you are preparing is right, but under the law it may not be,” she said.
Ms Mungo said creators should therefore understand the legal requirements governing their content instead of relying on ignorance of the law.
She said legal advice could help creators review their content strategies and avoid accidentally violating consumer protection requirements or influencer guidelines, which could expose them to fines or other regulatory action.
Legal expert Abeid Abeid said early legal guidance could also help creators establish ownership of their work and protect their right to receive royalties.
“Doing this will help you have a guarantee of true ownership but also give you the ability to receive your royalty payments,” he said.
Mr Abeid added that intellectual property lawyers could help Tanzanian creators protect their work when they entered international markets where their creations could be exposed to different legal requirements and ownership challenges.
