HOW TO MAKE MONEY ON THE DIGITAL SPACE: LEGAL AND BUSINESS ADVICE FOR MUSIC ARTISTS IN TANZANIA

Digital space is the space created with the Internet, whereby one can develop a platform for purposes of uploading content, which other people can view or get entertained, and others get to advertise or market their products or services online.

Many digital or online platforms are used to host a variety of digital content, including music videos, events, live shows and other similar content for musicians all over the world, including Tanzania. These platforms are now “the world’s jukebox” for music artists in the world, who desire to make money outside the traditional way of selling and/or marketing their music, that is, either through live performances or selling of albums, EPS and music singles.

Some of the best digital or online music platforms in the world include, but not limited to, Spotify, Apple Music, Sound Cloud, YouTube, Vimeo, Metacafe, Daily Motion, Facebook, Pandor, Tidal and Google Play – the list is endless. The common denominator for these platforms is that, they allow an artist or musician to upload and share his or her content online where it is will be viewed, played or streamed by people worldwide, hence, creating both exposure and financial gain.

For the purpose of this article, our focus will be on YouTube simply because it is the world’s largest music search engine. This is because, in the last ten (10) years, it has grown to become one of the primary ways people share and discover music. We however, do not desire to discourage any music artist in Tanzania from joining any other digital or online music platforms mentioned above.

To appreciate how huge YouTube is, its statistics for the year 2020 indicate that:- (a) it has 2 billion logged in monthly users, (b) users upload 500 hours or more of videos every minute, (c) each visitor spends 11 minutes 24 seconds per day on YouTube on average, (d) over 70% of YouTube views are on mobile, (e) in the United States alone, YouTube will earn USD5.5 billion in advertising revenue in 2020, and (f) YouTube is the second most preferred platform for watching videos on digital devices among individual in the age range of 18 to 34 years, after Netflix.

Online Content Regulations in Tanzania

Music artists should know that online content and online television in Tanzania is regulated. As a result, one cannot simply register a YouTube channel and start uploading content, without first processing a license with Tanzania Communication Regulatory Authority (TCRA).

TCRA is a quasi-independent Government body that is responsible for regulating the communications and broadcasting sectors in Tanzania, including all online content or online television.

The primary law, among others, that regulates online content in Tanzania is called the Electronic and Postal Communications (Online Content) Regulations, 2018, of the law of Tanzania, as amended from time to time (the “Online Content Regulations”).

The Online Content Regulations apply to; (a) application services licensees; (b) bloggers; (c) internet cafes; (d) online content hosts; (e) online forums; (f) online radio or television; (g) social media; (h) subscribers and users of online content; and (i) any other related online content. These regulations define content as any sound, data, text or images whether still or moving.

Regulation 14 of the Online Content Regulations require that any person who wishes to provide online content services shall fill in an application form and shall pay fees as set out therein. Once an application has been approved, an applicant will be issued with an online content services licence, which has a duration of three (3) years, renewable. It is only upon issuance of a license, then, one can now be free to use his or her YouTube channel- other than that, it will be illegal and a punishable offence for one to operate a YouTube channel for services highlighted above without a valid license from TCRA.

Further, Regulation 15 of the Online Content Regulations, reserves the right of TCRA to cancel the content services license where the terms and conditions are breached. The consequences of which, any person, who contravenes the provisions of the Online Content Regulations, commits an offence and shall, upon conviction, be liable to a fine of not less than Tanzanian shillings five million or to imprisonment for a term of not less than twelve (12) months or to both.

It is important to point out that, under the Online Content Regulations, a social media user or in this case, a YouTube user, shall, (a) be responsible and accountable for the information he publishes on a social media; and, (b) use a password to protect any user equipment or access equipment or hardware to prevent unauthorized access or use by unintended persons.

YouTube Money Making Tips

Since YouTube is a ‘haven’ for music discovery and promotion, every music artist in Tanzania should consider having his or her music content available on YouTube. This is because YouTube is not only a promotional tool, but it is also a sales and revenue generating platform for music artists in Tanzania. It can drive music and sales, increase advertising revenues and also expand one’s fan base at the same time.

For a Tanzanian music artist eager to make money through YouTube, he or she should be guided by the following basic tips, among others, to reach that desired goal, namely: -

Focus as much as possible on quality videos only. If you only have one or two substandard videos uploaded, your chances of making money are low, even if those videos go viral. That is because YouTube is looking for people who are planning to work with them over the long term.

The more regularly and frequently you upload new quality videos, the better. For instance, someone who uploads a new video every day will have a better chance of making and growing his/her brand than someone who uploads one every couple of weeks or months.

Expand your clientele (audience). Ensure that as a music artist, you have a decent fan base or following which grows over time. This is because one of the most important criteria that YouTube uses to evaluate your application, is the audience you reach on YouTube and how that audience grows over time.  

Use Content ID YouTube allows you, as a content creator, to make advertising revenue when other people use your copyrighted video or audio material in their videos. As a result, ensure you copyright your work, so that it is protected and you can also make money by other people using it. YouTube created this so the original owner can get compensated when his or her videos are mirrored on other channels, or if the copyrighted material is used in other people’s videos.

In addition, do not limit yourself to video content, add also your audio content as well, even for your songs that do not have videos. Remember, other people might use any of your songs in their videos. Doing so, will help protect your work and give you the choice on how others use your music.

Brand your videos or content. This step is essential, as branding is the key to differentiate yourself from the competition. You also need to remember that, the most important reason branding is important to a business is because it is how a creator gets recognition and becomes known to the consumers. In other words, the more professional you present yourself and your content, the higher your chances of success in such platforms.

Important guiding tips: -

  • create a website to host your videos and give your audience more ways to interact;
  • create a nice logo and use it everywhere;
  • use a watermark on your videos with your logo;
  • consider getting a professional intro made for your videos; and
  • customize your YouTube channel to make it look professional.

Do not infringe other creators’ copyright. One thing that will get your application rejected on spot is copyright infringement, so make sure you have zero copyrighted material on your videos. This includes images, graphics, logos, video clips and audio used and copyrighted material by other creators. For instance, even using or inserting an audio clip on the background of your video or other uploaded content which you do not have express permission to use could get your application rejected.

Apply to become a YouTube partner. You can do this through the official YouTube program page.

Find sponsors. Consider going directly to sponsors looking for exposure and advertising if your channel is popular. Your subscriber count is a compelling reason for a sponsor to partner with you to get exposure for its products or services.

Read YouTube’s terms and conditions. Much as the above highlights the basic tips how a music artist can make money on YouTube, musicians in Tanzania must also read YouTube’s terms and conditions and fully understand their range of products and services, including how YouTube payment system works.

Note: This is not a legal opinion and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.