Jurisdiction of Courts in Copyright Disputes Clarified: Lex Specialis Held to Prevail

Recently, the Court of Appeal of Tanzania (the Court), in Civil Appeal No. 42 of 2023, delivered a landmark decision on jurisdiction of courts to hear and determine copyright infringement matters. The decision of the Court is critical in the legal fraternity, for it clarifies the interpretational approach to take in instances where there is inconsistency between general law (lex generalis) and specific law (lex specialis) regarding a particular aspect.

Background

The background of the case dates back in 2012 when the appellants filed Civil Case No. 17 of 2012 at the Ilala District Court, claiming infringement of their musical works under the Copyright and Neighbouring Rights Act, 1999. The appellants sought damages amounting to over TZS 4 billion, injunctions, and costs. The District Court ruled in their favour, awarding general and special damages. On appeal, however, the High Court nullified the proceedings, holding that the District Court lacked pecuniary jurisdiction under the Magistrates’ Courts Act (the MCA). Dissatisfied, the appellants advanced their case to the Court of Appeal.

Arguments Raised by Parties

On the one hand, the appellants argued that the District Court had original and exclusive jurisdiction under sections 4, 36, and 37 of the Copyright Act. Also, the High Court had previously struck out the same matter (Civil Case No. 38/2011) for lack of jurisdiction, confirming the District Court as the proper forum. Furthermore, the appellants contented that specific provisions of the Copyright Act override general jurisdictional provisions in the Civil Procedure Code (the CPC) and the MCA. On the other hand, the respondent argued that jurisdiction is limited by pecuniary thresholds under the CPC and the MCA, with District Courts capped at TZS 100 million at the time. Moreover, the respondent argued that section 4 of the Copyright Act only defines “court” but does not expressly oust pecuniary limits. Based on the foregoing, the respondent argued that the High Court’s earlier ruling was reached per incuriam and should not bind subsequent courts.

Decision of the Court

The Court reaffirmed the principle of lex specialis derogat legi generali, meaning specific law overrides general law. It held that the Copyright Act conferred exclusive original jurisdiction to District Courts for copyright disputes, regardless of the pecuniary value of such disputes. Further, the Court observed that pecuniary limits under the MCA and the CPC do not apply where specific legislation expressly grants jurisdiction. Eventually, the Court found that the High Court erred in nullifying the District Court’s proceedings. As such, the appeal was allowed, the High Court’s decision quashed, and the matter remitted for determination of the remaining grounds.

Copy of this Legal News can be accessed by clicking here

Copy of the Judgment of the Court can be accessed by clicking here