Copyright

You may not be aware of the fact that the images of Tinga Tinga paintings are fully protected by the copyright law.

What protects the images of Tinga Tinga paintings?

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 and Tinga Tinga Cooperative 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.

Are the Tinga Tinga Images Copyrighted Internationally?

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.

What Happens if You Buy an Original Painting?

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.

I Want to Print Postcards!

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. (see also the section "PUBLISH IMAGES")

Many Artists Copy from Each Other. Who is then the Copyright Owner?

It is true that copying is widespread but one has to consider the fact that the painters are members of the same family of Edward Tingatinga which established the Tinga Tinga Arts Cooperative Society (TACS). Therefore the designs are registered by TACS as a collective property. According to Memorandum of TACS, the members can´t enter into any agreement with third party without TACS approval. It is valid even for copyright licensing agreements.

Who is the Copyright Owner of the Old Paintings by Edward Tingatinga?

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.

May I Use Images from Tinga Tinga Studio in my Article about Tinga Tinga art?

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@tingatingastudio.com