Copyright and licensing arrangements

Do you have a product or service that you think would work great with our paintings?

If so, we offer licensing arrangements for most of our paintings. 

If you would like to use the art or media featured in films, television, commercials, websites, publications or compilations then you can send your licensing enquiry by contacting us here or by sending us an email at: licensing@tingatingaart.com

We reserve the right to refuse to provide licensing services at any time at our own discretion. 

A licensing agreement is a legal contract between two parties, known as the licensor and the licensee. In a typical licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor. In exchange, the licensee usually submits to a series of conditions regarding the use of the licensor's property. The license we can provide can be exclusive, non-exclusive, worldwide or localized under the Agreement on a case-to-case basis based on our discretion based upon the nature of the operations and business being carried out by the potential licensee.

Please peruse through the following provisions related to copyright:

Copyright

Copyright Law protects the Artists Copyright in their original artworks.

All artworks are used with permission from the artists.

All viewers should be aware that Copyright of the artworks located on this website remain the exclusive property of the Artist.

Copyright is administered by TingatingaArt.com, the Artists or their agents.

No reproduction may be made of any of the artworks from this website for commercial use for any reason without first receiving written permission from the us, the Artists or their agents. This includes accessories, apparels or other media. 

Under Copyright Law it is fair use to reproduce a single copy for personal or educational purposes, provided that no changes are made to the content and provided that a copyright notice accrediting the content is attached to the reproduction.

Beyond that, no further copies of artworks from this website may be made or distributed without the consent of TingaTingaArt.com.

TingatingaArt.com has the right under National and International 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 exercise this to protect the intellectual property of its artists.  

Berne Convention

Tanzania is a member of the Berne Convention: The Berne Convention for the Protection of Literary and Artistic Works, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.

The Berne Convention, adopted in 1886, deals with the protection of works and the rights of their authors. It provides creators such as authors, musicians, poets, painters etc. with the means to control how their works are used, by whom, and on what terms. It is based on three basic principles and contains a series of provisions determining the minimum protection to be granted, as well as special provisions available to developing countries that want to make use of them.

The three basic principles are the following:

(a) Works originating in one of the Contracting States (that is, works the author of which is a national of such a State or works first published in such a State) must be given the same protection in each of the other Contracting States as the latter grants to the works of its own nationals (principle of "national treatment").

(b) Protection must not be conditional upon compliance with any formality (principle of "automatic" protection).

(c) Protection is independent of the existence of protection in the country of origin of the work (principle of "independence" of protection). If, however, a Contracting State provides for a longer term of protection than the minimum prescribed by the Convention and the work ceases to be protected in the country of origin, protection may be denied once protection in the country of origin ceases.

(2) The minimum standards of protection relate to the works and rights to be protected, and to the duration of protection:

(a) As to works, protection must include "every production in the literary, scientific and artistic domain, whatever the mode or form of its expression" (Article 2(1) of the Convention).

(b) Subject to certain allowed reservations, limitations or exceptions, the following are among the rights that must be recognized as exclusive rights of authorization:

• the right to translate,
• the right to make adaptations and arrangements of the work,
• the right to perform in public dramatic, dramatico-musical and musical works,
• the right to recite literary works in public,
• the right to communicate to the public the performance of such works,
• the right to broadcast (with the possibility that a Contracting State may provide for a mere right to equitable remuneration instead of a right of authorization),
• the right to make reproductions in any manner or form (with the possibility that a Contracting State may permit, in certain special cases, reproduction without authorization, provided that the reproduction does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author; and the possibility that a Contracting State may provide, in the case of sound recordings of musical works, for a right to equitable remuneration),
• the right to use the work as a basis for an audiovisual work, and the right to reproduce, distribute, perform in public or communicate to the public that audiovisual work.