6.3AccesstoFinancing

Intellectual property rights are non-tangible, it is difficult to quantify them. This makes it hardforartiststopackagetheirproposalsorinitiativeswhilepresentingtofinanciersmaking ithardtogetfunds.

Artistshavenotorganisedorratherpackagetheirproductsorservicesasseriousbusinesses for them to be guaranteed for financial support. Most artists tend to treat their works as hobbies.Thismakesithardforfinancierstobelieveiftheirinvestmentwillbereturned.

Lack of administrative structures in creative groups.[20] In Tanzania, a clear example taken from the Film industry, the leader of the group is responsible for everything, that is scriptwriting, casting, paying artists, booking and paying for locations. Most financiers such as bankersneedtoseeclearadministrationstructuresandnotaone-personoperation.

7.0RECOMMENDATIONS

7.1TrainingandEducation

Harmonisation of laws and policies: The Ministry of Education and Vocational Training and the Ministry of Culture, Arts and Sports should find a common ground and make new policies, laws and regulations that will ease the availability of arts education to both formal and non-formal arts education environments.

FormulationofCrushprogrammestokick-startartsteacherstrainingin2024: as a short-term strategy to cure the problem of absence of art teachers. The only arts training college in Tanzania is Mwanza and it has not been training arts teachers for a long time.

Improve working conditions for arts teachers: They should be appreciated and recognized as people doing decent work in order to retain such knowledge and talents within the country for the development of the arts sector. This is because teachers are a fundamental condition for guaranteeing quality education. Therefore, art teachers should be motivated, professionally qualified, and supported within well-resourced, efficient and effectively governed systems.[8]

Socialeducationonthesignificance ofartsandartseducation: Both state and other stakeholders should work on providing social awareness to the public on the significance and importance of arts and arts education to foster the idea of appreciating arts and arts education and giving it its true value. Arts and arts education should not be considered as a hobby but rather a form of decent work like science education. This is because arts education can help students to develop high-level cognitive and non-cognitive/transferable skills, such as problem solving, critical thinking, creativity, teamwork, communication skills and conflict resolution.

Government should support non-state organisations that provide arts education and not censor them. In the current state, where the country is highly lacking in providing or rather prioritising arts education, non-state organisations are the only institutions that have made an effort in conducting workshops and trainings to artists on various artistic skills and etiquettes, for those reasons the government should recognize and support such organisations and not censor them. The Tanzania Vocational Training Authority (VETA) should offer certification for arteducationprogrammesbeingofferedbyartandcultureorganisations

Scholarships programmes for young artists: Since arts education is expensive both governmentanddevelopmentpartnersshouldprovidescholarshipprogrammestoyoungartists withinoroutsidethecountryforthemtohaveaccesstoartseducation

7.2Contracts

Minimumwages(formalisingcontractsforartisticworks,productsandservices) like any other economic sector: Since art is not quantitative, factors to be considered when formalising artistic services prices can include quality of the work, hours of work, or even type of the work or product. Basic contracts should have rate cards depending on the artisticworkandsector.Thiswillhelpreducetherateofunfaircontractsintheindustryand assurefairremunerationtoartists.

Education: Both state and nonstate actors should take the initiative to raise awareness to artiststhroughworkshopsorseminarsoncontractsandcontractualrelations,theimportance of contracts in protection of their rights be it moral or economic rights, or even the importanceofcontractsinaccessingfundsfromfinancierssuchasbanks.

7.3AccesstoFinancing

Clear administrative structures: Artists should work in entities with clear administrative structures.Itisveryhardforfinancierssuchasbanksordevelopmentorganisationstowork with individual artists. Bankers or development organisations would like to see control mechanisms.Aregisteredentityiseasilytrustedandfundable.

While the sector is characterised by many challenges, there is potential for growth through investmentinthesector-humancapacitydevelopment,infrastructuredevelopment,business development and the linkages to the following value chains -tourism, broadcasting, textile andgarmentindustryandminingindustry.Therefore,the Tanzaniainvestmentcentre(TIC) should register the creative industry as a priority for investment. The culture and creative sector is highly underrated in the country despite it being one of the sectors that provide employmenttothemajorityofyoungpeopleandwomenthanothersectorsinTanzania.

Musicians and filmmakers can access financing if they aggregate as consortiums e.g. several film companies (including through regional collaboration projects) to access debt and equity from development banks e.g. Minimum of USD 2m to support co-productions and other segmentsofthefilmvaluechain.

7.4 IntellectualProperty

The government of Tanzania should make laws that foster the protection of intellectual property (copyright, trademarks and geographical indications) in order to catalyse a sustainable commercialization of intellectual property on the continent within the context of tradeingoodsandservicesintheAfricanContinentalFreeTradeArea(AfCFTA).

The government of Tanzania should enact a law for intellectual property. In addition, the government should create and enact IP securitization regulation and enforcement mechanismsforcreativeindustries.Theregulationcanbesetupthroughtheamendmentof the laws on securitization, financial law, corporate law, capital market law, and/or modification of bankruptcy and collateral laws. This should be supported by a capacity buildingprocessforIPexpertsonIPvaluation,whichwillenablelendersandartiststoknow thevalueoftheirIP.

The government of Tanzania should create movable asset registries that shows who owns what and for how long so the information can be used for collateralization and commercialization of IP Such registers could enable lenders to confirm ownership and value of an IP asset before a commercial transaction is made e.g. In 2017 the Movable Property Security Rights Bill was assented to and became law in Kenya, the law recognizes intangible assetssuchasIPandreceivablesascollateral.Justlikeabankcouldvalidatealandtitlewith alandregistryitcouldalsovalidateanintellectualpropertythroughtheseregistries

Formulation of a supranational authority to regulate digital piracy. This will make it easy to traceviolatorsandreducetheproblemofuncertainjurisdictionsofinfringingacts.

The CMOs that will soon be selected, should be provided with capacity building so to ensure operationalefficiencytobeabletolicencebroadcasters,DigitalServiceProviders(DSPs)and telecomscompaniesandcollectroyalties

Artist Federations should hold the new CMOs accountable in collecting and distributing royaltiesforallsectorse.g.film,music,performingartsandartandcraft.

CMOs adopt the approach of piloting the Copyright-Friendly Label for companies using copyrighted services as well as cultural and sporting events, with national and international appeal.TheCopyright-FriendlyLabelcanbeusedbyeventsorganisersasanethicalstandard toaccesssponsorshipsandinvestment

COSOTA and the Dar es Salaam City Council can pilot Dar es Salaam as a copyright-friendly city to position Dar es Salaam as an attractive destination for investment, tourism, conferences and other events, thereby strengthening the country’s brand and boosting its economy

SinceCopyrightisnotaunionmatter,theCopyrightSocietyofZanzibar(COSOMA)canpilot the concept of ‘copyright-friendly city’ linked to both Sauti za Busara, ZIFF and the hotel industry

BASATA ensure that contracts between artists and promoters/event organisers in Tanzania haveaCopyright-FriendlyLabel

BASATA and COSOTA to verify that event’s organisers in Tanzania have a Copyright-Friendly Label

Artists should consider being their royalty collectors for digital work. They can do this by registering their art using blockchain technology and selling it as non-fungible tokens (NFTs) asNFTsareseenasanewtrendtotradedigitalartinthefuture.ThisisbecauseNFTislike an authenticity certificate that indicates ownership of a specific work of art. NFT allows the artist to directly deal with the buyers. If the buyer seller the artwork to another buyer, the artistreceivesaroyaltyfromthetransaction.[19]

BestPractisesRelatedtoCopyright-FriendlyLabelinothercountries

CapeVerdeispilotingtheCopyright-friendlylabelasatooltoenhanceandfoster copyright compliance as an economic added value to users, cities and countries. Users that comply with paying royalties may request and be granted the label in order to position themselves as “copyright friendly”, boosting attractiveness, trust and their relationship with creators. The label is managed by a steering committee including the Ministry of Culture, the Ministry of Tourism and Transportation, the mayor of the city of Sal and municipalities in order to create asystemthatencouragesrespectingcopyrightandresponsibletourism.

7.5EconomicandSocialRights

Inordertoensurethesocialrightsofartistthefollowingarerecommended:

Establishing social security programmes for artists. These programmes will help them during contingenciessuchastimesofsickness,incapacitation,unemployment,andevenoldage.

Improveaccesstofinancestoartists Thiswillhelpreducetheproblemofeconomicinstability which will also reduce mental health problems in the art sector. Establish a mental health curriculum in schools. This will help not only artists but also the whole society at large be awareoftheproblemitscausesandhowtodealwithit.

Inordertoensuretheeconomicrightsofartistthefollowingarerecommended:

The government of Tanzania should adopt film tax incentive policies that will lead to increasedeconomicactivityduetofilmproductionsandhasindirectlyledtohigherconsumer spending and has generated economic activities beyond the productions which include increased tourism, industry infrastructure investment (studios, accommodations etc.), as well ashospitalityservices

The government of Tanzania should support the construction of industrial parks in special economic zones in order to develop the clothing and textile sector through increased productioncapacity

The government of Tanzania should provide tax incentives for the establishment of creative hubsthatpooltogethercreativetalentandprovidecapacitybuilding,creativeconveningsand events, facilitate export of creative talent and import of consumers through sustainable tourism

The government should improve working conditions for artists. The art sector is vulnerable, marginalised, unstable and its working conditions are very risky To stabilise the sector, both state and non -state actors should be champions at advocating for artists' decent working conditions,throughpolicies,workshops,andprojects.

Decentralisation of power by the government institutions to artists unions to increase flexibility, innovation and responsiveness of artists to see the importance of artist unions or associationsandfinallyjointhem

The cultural and creative industries are the major drivers of social and economic development. The creative sector highly contributes to the global economy, representing 3.1% of global GDP and6.2%ofallemploymentworldwide.[23]InTanzaniatotalentertainmentandmediarevenues reached USD496 million in 2017, having risen 28.2% year on year.[24] It was estimated that continuedmomentumatan18.3%CompoundAnnualGrowthRate(CAGR)wasestimatedtosee revenuereach US$1.1 billion in 2022, 2.3 timesthesizeofthe2017 figure. However, dueto the Covid-19pandemicin2020and2021,weexpectanadjustedforecastfor2023-2026.

Recognizingandprotectingthestatusofartistsisimportantinanycountryforseveralreasons:

Culturalenrichment:Artistscontributehighlytothediversityofculturalexpressions,afact whichisessentialtoahealthyandhappysociety.Byrecognizingandsupportingthestatusof artists,societycanbenefitfromtheircreativity,ideas,andperspectives,whichcanenrichour culture

Economic contribution: The arts sector is a significant contributor to the economy, generating jobs and income for individuals and communities. By recognizing and supporting thestatusofartists,societycancreateanenvironmentthatsupportstheartsandencourages investmentintheartssector.

Preservationofculturalheritage:Artistsplayacrucialroleinpreservingculturalheritage andtraditionsthroughtheirwork Byrecognizingandsupportingthestatusofartists,society can help preserve and protect the artistic heritage of past generations for the future generationstoenjoy.

Insummation,thismappingstudyprovidesanoverviewofthestatusoftheartistinTanzania A follow-up to this study will be to synthesize the policy actions identified that will be the basis for four ministerial policy roundtable discussion that will focus on the training, social security, labour conditions an access to finance for artists in Tanzania. The targeted ministries include: The MinistryofCulture,ArtsandSports,TheMinistryofEducationandVocationalTraining,ThePrime Minister’s Office – Labour, Youth, Employment and Persons with Disabilities, The Ministry of Constitution and Legal Affairs, Ministry of Community Development, Gender, Women and Special Groups

Other agencies include: Tanzania Vocational Training Authority (VETA), Tanzania Revenue Authority, Tanzania Commission of Science and Technology, Tanzania Bureau of Statistics, NationalArtsCouncilTanzania/BASATA,CopyrightSocietyofTanzania(COSOTA)andCMOs.

Endnotes

[1]1980UNESCORecommendationconcerningtheStatusoftheArtist

[2]ibid

[3]URT.(1995).EducationandTrainingPolicy.DaresSalaam.MOEVT

[4]Mushi,P.A.K,Bhalalusesa,E.,&NFESub-TechnicalWorkingGroup.(2002).Non-formalEducationStatus Report(TanzaniaMainland) FinalReport DaresSalaam:Ecoprint

[5] McPherson, I. (2007). Tanzania Non-formal Education. Country Profile Prepared for EFA Global MonitoringReport2008,EducationforAllby2015:willwemakeit?Paris:UNESCO

[6]EastAfricanJournalofEducationStudies,Volume5,issue2,2022

[7]ibid

[8]https://campaignforeducation.org/en/key-frameworks/sdg-4-and-targets? gclid=CjwKCAjw9J2iBhBPEiwAErwpebzaOJzrjLYc9z1NmH2nkr rEgjfBHhhCs XsWkIl7BFhzRzWQ4sRoCgt8QAvD BwE

[9]CURT,1977

[10]ibid

[11]InternationalLaborOrganization

[12]IntegratedLabourForceSurvey2020/21,AnalyticalReport

[13]IntegratedLaborForceSurvey2020/21,AnalyticalReport

[14] Joffe and Wangusa (2021) Promoting decent work in the African cultural and creative economy, a studycommissionedbytheInternationalLabourOrganisation’sRegionalOfficeforAfrica(ROAF)

[15]Cap345,RE2019

[16]WorldIntellectualPropertyOrganization(WIPO)

[17] Copyright and Neighbouring Rights (Royalty Collection and Distribution) (Collective Management Organisations)https://wwwcosotagotz/uploads/documents/sw-1681821321Kanuni%20ya%20Ugawaji%20wa%20Mirabaha%20kwa%20Makampuni%20ya%20Kukusanya%20na%20 Kugawa%20Mirabahapdf

[18]DigitalCopyrightInfringementinTanzania,LawandPractice,AsheryMagalla.

[19]Ochai, O. (2022) ‘New opportunities and challenges for inclusive cultural and creative industries in the digital environment’ inRE|SHAPING POLICIES FOR CREATIVITY -Addressing culture and a public good, UNESCO:Paris

[20]TheEastAfricanMagazine,ChallengesoffundingcreativeindustriesinEastAfrica.

[21]InternationalConventiononEconomic,SocialandCulturalRights

[22]InternationalConventiononEconomic,SocialandCulturalRights

[23]UNESCO’s1980RecommendationconcerningthestatusoftheArtist

[24]PWC,https://www.pwc.co.za/en/assets/pdf/entertainment-and-media-outlook-2018-2022.pdf