Recognition and Protection of AI-Generated Creations under Tanzania’s Copyright Framework

The development of Artificial Intelligence (AI) has transformed the creation of literary, artistic, and musical works, challenging conventional legal frameworks that tie copyright protection to human authorship. In Tanzania, the Copyright and Neighbouring Rights Act [Cap. 218 R.E. 2023] defines an author strictly as a “natural person,” thereby excluding autonomously works generated with the assistance of AI from copyright protection. This exclusion raises significant legal, economic, and technological concerns, particularly as AI continues to influence creative industries. This paper examines Tanzania’s copyright legal framework for protecting works generated with the assistance of AI. Using doctrinal legal research methodologies, the study evaluates international legal instruments, including the Berne Convention and the TRIPS Agreement, and legal practices in jurisdictions such as the United Kingdom. Jurisdictions offer diverse approaches, ranging from strict human authorship requirements to recognition of copyright in computer-generated works under specific conditions. The paper is guided by theoretical frameworks, including the Romantic, Lockean, Utilitarian, and Personality theories of copyright. These are used to analyse whether the justifications for human-centred copyright law can extend to AI-generated creativity. The study indicates that Tanzania’s legal framework does not accommodate the evolving nature of authorship brought about by AI technologies, thereby creating a gap in protection, enforcement, and innovation. The study suggests that Tanzania’s current framework is insufficient to address the evolving nature of AI authorship. The study proposes a reform that updates the definition of authorship to encompass human-AI collaborative works. These reforms would align Tanzania’s copyright system with global trends, encourage technological creativity, and provide fair legal protection in the digital age.