legal research proposal template

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 200 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Sep 12, 2023 3547 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Sep 12, 2023 2506 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Mar 26, 2024 2011 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Sep 12, 2023 418 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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• Last Updated: Sep 21, 2023 2:56 PM
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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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Legal research and writing

• Problem analysis

Research plan

• Legal encyclopedias and digests
• Legal dictionaries
• Annotated statutes
• Articles and papers
• Law reform commissions
• Blogs and website secondary sources
• British Columbia
• Finding case law
• Judicial treatment
• Legal writing
• Research guides
• Citation help
• Indigenous legal research methodology
• Research management

This page will help you analyze the legal problem you are going to research and help you identify the points your research will need to address.

Below  is a sample research plan template:

• Research Plan Format Sample (Nayyer) 2018

Planning your legal research

Once you have a handle on what your legal problem is you can plan your research accordingly.

The depth and focus of your plan will likely vary depending on the issues and your familiarity with the subject area.

Start with secondary materials

Start with secondary sources – discussions of the law – to get a grounding on the developed law and an idea of relevant legislation and leading cases on your topic. You'll find detail on secondary sources , including help in finding them, in the next section of this guide.

Legal dictionaries, legal encyclopedias, textbooks, annotated statutes, law reform commission reports, websites and blogs are all examples of secondary materials. Include these steps in your plan:

• Record the titles and dates of the material you look at
• Note down any legislation and cases that look relevant
• Make note of any potential keywords of search terms you come across

Identify relevant primary materials

Legislation is often the first primary source to consider as many legal research problems centre on the interpretation of legislation. Statutes, regulations and by-laws are all examples of legislation. Your research plan should include these steps:

• Write down the names of any potentially relevant legislation you are already aware of
• Add other legislation to this list as you conduct your research
• Update your legislation for currency
• Research your legislation for judicial interpretation

The other key primary source is case law . Be sure to pay attention to court level and jurisdiction. Your research plan should include these steps:

• Consider any leading cases you already know about for this issue
• Add other important cases to this list as you research secondary sources
• Add any cases you uncover as you note up legislation for judicial treatment
• Update or research the history of your cases for currency
• Note up your key cases for judicial treatment
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School of Law

Writing a research proposal.

• Our research students

Preparing your research proposal is the important first step to becoming a postgraduate research student at the School of Law.

The focus of your proposal will be slightly different depending on whether you wish to do a PhD or an LLM by research, but the principles of what to include and who to contact for advice are the same.

Speaking to a potential supervisor

Before you write your detailed research proposal, you may wish to contact a member of  our research staff  with knowledge of the subject area. They who should be able to advise you whether or not your proposed topic is feasible. 

This can be done prior to a formal application. 

If you are not sure who is the best person to contact, an initial enquiry can be made to our Postgraduate Administrator,  Susan Holmes .

What to include in your proposal

A proposal for an LLM by research or a PhD should not exceed 15 pages in length and is unlikely to be less than 8 pages in length.

Check the limit specified by the funding body to which you are applying.

It should include the following:

A working title

The research context.

This is the background against which your research will be carried out.

It should be a brief introduction outlining the general area of study and identifying the subject area within which your study falls. You should also refer to the current state of knowledge (i.e. what research has been done to date) and any recent debates on the subject.

You need to reference this in the same way as you would do if you were writing an essay e.g. any articles or books you refer to should have a footnote with the full details of author, title, publication date, etc.

The research issue, aims or questions

Outline the contribution that your research will make. It is normally best to do this in the form of specific aims or research questions or issues.

The importance of your proposed research

Demonstrate how your research fills a gap in existing research, by showing that it hasn’t been done before.

Explain why your research is important. It is not enough to say that this has not been studied previously, you need to explain why it is important or interesting enough to be studied.

‎Research methods

Here you need to explain how you will obtain the information necessary to write your thesis.

• Explain whether you will use secondary and/or primary sources
• Give some detail on exactly how you will obtain your information

For most law students, you will probably rely on documentary sources – information that already exists in some form e.g. journal articles, case reports, legislation, treaties, historical records.

In this case you need to say a little about how you will access these (bearing in mind that as a student of the University you will be provided with access to legal databases including Westlaw and LexisLibrary).

If yours is a comparative or international study, you will need to explain how you will obtain the relevant international materials and whether or not this will involve travel.

Some studies, however, might involve empirical research – information that is gathered through direct interaction with people and processes such as interviews, questionnaires, court observation or analysis of private records.

If you plan to undertake empirical research, you need to explain why this is an appropriate research method and give details of your planned methodology (e.g. who you hope to interview, how many interviews you will carry out).

In this section, you should also explain any special skills you have that will assist you in obtaining information, for example, if you plan to look at French law and you can read or speak French.

You should provide a very approximate timetable for the research.

For example, the timetable for a research LLM thesis comparing French law and Scots law might be:

• months 1-3 reading theoretical material and developing theoretical framework
• months 4-6 reading and analysing French materials
• months 7-9 reading and analysing Scottish materials
• months 9-12 writing up the thesis

Research proposals for a PhD

When choosing a subject for your thesis, consider the requirements for a relevant degree and whether you can stick within the time and word limits. A PhD thesis must be from 70,000 to 100,000 words including footnotes.

Consider how your study will demonstrate originality. It is not enough simply to reproduce existing knowledge. There are many ways in which you can do this – it does not necessarily require you to study something that has never been studied before in any way, shape or form. For example, you could:

• Study something that has never been studied before
• Bring new insights to an existing area of legal thought
• Work between disciplines eg. by applying philosophical, psychological or sociological analysis to legal issues
• Bring together areas of legal thought that have not been brought together before eg. use concepts from property law to analyse sexual offences
• Analyse new case law/new legislation in a particular area of law
• Identify new problems with existing case law/legislation in a particular area of law
• Undertake an empirical study to see if the law is achieving its objectives

You also need to make sure your topic is not too broad.  It is inappropriate to write a thesis that reads like a textbook.  This is not sufficiently advanced work and your treatment will be too superficial.  You need to choose something that will give you the scope both to describe and critically analyse the law.  For example, a thesis on “the law relating to criminal defences inScotland” or “a review of EC law governing the enforcement of European law in national courts of member states” would be too broad.  You would have to narrow down your topic to consideration of one particular aspect of the topic (e.g. one specific defence or one specific aspect of European law).

Recent and current PhD thesis topics have included: 

• Peacekeepers as enforcers? A legal analysis of the attribution of enforcement powers to UN peacekeeping operations in the new millenium
• The impact of the World Trade Organisation on the formulation of the anti-monopoly law of the People’s Republic ofChina
• Access to employment and career progression for women in the European labour market
• Consent to medical treatment and the competent adult
• Migratory things on or beneath land: a study of property and rights of use
• The effect of the constitutional relations betweenScotlandandEnglandon their conflict of laws relations: a Scottish perspective
• Persuasion: a historical-comparative study of the role of persuasion within the judicial decision-making process
• Law reform proposals for the protection of the right to seek refugee status in the European Community
• Historicizing the criminalization of youth

Research proposals for an LLM by research

For an LLM by research, your study should still be critical rather than simply describing the law in a particular area.

The field of study is likely to be significantly narrower than for a PhD, as it has a 30,000 word limit.

Recent and current LLM by research thesis topics have included:

• Sustainable development and urban governance in planning law
• Domestic abuse and Scots law
• Criminal liability for individuals who fail to prevent harm
• Legal and scientific evidence of torture
• The responsibility of international organisations: efforts of the international law commission

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• Knowledge Base
• Starting the research process
• How to Write a Research Proposal | Examples & Templates

How to Write a Research Proposal | Examples & Templates

Published on October 12, 2022 by Shona McCombes and Tegan George. Revised on November 21, 2023.

A research proposal describes what you will investigate, why it’s important, and how you will conduct your research.

The format of a research proposal varies between fields, but most proposals will contain at least these elements:

Introduction

Literature review.

• Research design

Reference list

While the sections may vary, the overall objective is always the same. A research proposal serves as a blueprint and guide for your research plan, helping you get organized and feel confident in the path forward you choose to take.

Table of contents

Research proposal purpose, research proposal examples, research design and methods, contribution to knowledge, research schedule, other interesting articles, frequently asked questions about research proposals.

Academics often have to write research proposals to get funding for their projects. As a student, you might have to write a research proposal as part of a grad school application , or prior to starting your thesis or dissertation .

In addition to helping you figure out what your research can look like, a proposal can also serve to demonstrate why your project is worth pursuing to a funder, educational institution, or supervisor.

Research proposal length

The length of a research proposal can vary quite a bit. A bachelor’s or master’s thesis proposal can be just a few pages, while proposals for PhD dissertations or research funding are usually much longer and more detailed. Your supervisor can help you determine the best length for your work.

One trick to get started is to think of your proposal’s structure as a shorter version of your thesis or dissertation , only without the results , conclusion and discussion sections.

Download our research proposal template

Receive feedback on language, structure, and formatting

Professional editors proofread and edit your paper by focusing on:

• Academic style
• Vague sentences
• Style consistency

See an example

Writing a research proposal can be quite challenging, but a good starting point could be to look at some examples. We’ve included a few for you below.

• Example research proposal #1: “A Conceptual Framework for Scheduling Constraint Management”
• Example research proposal #2: “Medical Students as Mediators of Change in Tobacco Use”

Like your dissertation or thesis, the proposal will usually have a title page that includes:

• The proposed title of your project
• Your supervisor’s name
• Your institution and department

The first part of your proposal is the initial pitch for your project. Make sure it succinctly explains what you want to do and why.

Your introduction should:

• Introduce your topic
• Give necessary background and context
• Outline your  problem statement  and research questions

To guide your introduction , include information about:

• Who could have an interest in the topic (e.g., scientists, policymakers)
• How much is already known about the topic
• What is missing from this current knowledge
• What new insights your research will contribute
• Why you believe this research is worth doing

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As you get started, it’s important to demonstrate that you’re familiar with the most important research on your topic. A strong literature review  shows your reader that your project has a solid foundation in existing knowledge or theory. It also shows that you’re not simply repeating what other people have already done or said, but rather using existing research as a jumping-off point for your own.

In this section, share exactly how your project will contribute to ongoing conversations in the field by:

• Comparing and contrasting the main theories, methods, and debates
• Examining the strengths and weaknesses of different approaches
• Explaining how will you build on, challenge, or synthesize prior scholarship

Following the literature review, restate your main  objectives . This brings the focus back to your own project. Next, your research design or methodology section will describe your overall approach, and the practical steps you will take to answer your research questions.

To finish your proposal on a strong note, explore the potential implications of your research for your field. Emphasize again what you aim to contribute and why it matters.

For example, your results might have implications for:

• Improving best practices
• Informing policymaking decisions
• Strengthening a theory or model
• Challenging popular or scientific beliefs
• Creating a basis for future research

Last but not least, your research proposal must include correct citations for every source you have used, compiled in a reference list . To create citations quickly and easily, you can use our free APA citation generator .

Some institutions or funders require a detailed timeline of the project, asking you to forecast what you will do at each stage and how long it may take. While not always required, be sure to check the requirements of your project.

Here’s an example schedule to help you get started. You can also download a template at the button below.

Download our research schedule template

If you are applying for research funding, chances are you will have to include a detailed budget. This shows your estimates of how much each part of your project will cost.

Make sure to check what type of costs the funding body will agree to cover. For each item, include:

• Cost : exactly how much money do you need?
• Justification : why is this cost necessary to complete the research?
• Source : how did you calculate the amount?

To determine your budget, think about:

• Travel costs : do you need to go somewhere to collect your data? How will you get there, and how much time will you need? What will you do there (e.g., interviews, archival research)?
• Materials : do you need access to any tools or technologies?
• Help : do you need to hire any research assistants for the project? What will they do, and how much will you pay them?

If you want to know more about the research process , methodology , research bias , or statistics , make sure to check out some of our other articles with explanations and examples.

Methodology

• Sampling methods
• Simple random sampling
• Stratified sampling
• Cluster sampling
• Likert scales
• Reproducibility

 Statistics

• Null hypothesis
• Statistical power
• Probability distribution
• Effect size
• Poisson distribution

Research bias

• Optimism bias
• Cognitive bias
• Implicit bias
• Hawthorne effect
• Anchoring bias
• Explicit bias

Once you’ve decided on your research objectives , you need to explain them in your paper, at the end of your problem statement .

Keep your research objectives clear and concise, and use appropriate verbs to accurately convey the work that you will carry out for each one.

I will compare …

A research aim is a broad statement indicating the general purpose of your research project. It should appear in your introduction at the end of your problem statement , before your research objectives.

Research objectives are more specific than your research aim. They indicate the specific ways you’ll address the overarching aim.

A PhD, which is short for philosophiae doctor (doctor of philosophy in Latin), is the highest university degree that can be obtained. In a PhD, students spend 3–5 years writing a dissertation , which aims to make a significant, original contribution to current knowledge.

A PhD is intended to prepare students for a career as a researcher, whether that be in academia, the public sector, or the private sector.

A master’s is a 1- or 2-year graduate degree that can prepare you for a variety of careers.

All master’s involve graduate-level coursework. Some are research-intensive and intend to prepare students for further study in a PhD; these usually require their students to write a master’s thesis . Others focus on professional training for a specific career.

Critical thinking refers to the ability to evaluate information and to be aware of biases or assumptions, including your own.

Like information literacy , it involves evaluating arguments, identifying and solving problems in an objective and systematic way, and clearly communicating your ideas.

The best way to remember the difference between a research plan and a research proposal is that they have fundamentally different audiences. A research plan helps you, the researcher, organize your thoughts. On the other hand, a dissertation proposal or research proposal aims to convince others (e.g., a supervisor, a funding body, or a dissertation committee) that your research topic is relevant and worthy of being conducted.

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McCombes, S. & George, T. (2023, November 21). How to Write a Research Proposal | Examples & Templates. Scribbr. Retrieved April 3, 2024, from https://www.scribbr.com/research-process/research-proposal/

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• School of Law
• Postgraduate

Writing a PhD research proposal

The following guidance has been compiled to help you submit a high quality application that is targeted to the research strengths of The School of Law.

Choosing a research topic

PhDs are supposed to contain an element of originality and innovation. Originality need not mean that you explore a wholly new concept. For instance, it might also include applying new methods or new theories to existing scholarship on the topic. They also need to be backed up by logically reasoned evidence and argument – whether that is provided by theoretical or empirical sources.

The types of thesis that could be constructed:

An analysis of a specific area of law or criminology on which there is no significant existing literature. The lack of existing literature may be explained by the relative newness of the body of law and/or creation of institutions; or the previous lack of attention given to the practical impact of the chosen area of study. A thesis in this area might attempt to describe, explain and rationalise the development of this particular area of law and/ or critically analyse the content of the legal system being researched.

An analysis applying, analysing, or evaluating existing studies in a new context. For instance, one might extend a study of one jurisdiction to another, providing comparative evidence that tests the applicability of existing research and enables the existing theory to be challenged, reconsidered, or expanded upon.

An empirical study of  an area of law or criminology where there is existing doctrinal, conceptual, or theoretical literature, but limited empirical evidence to test those doctrines, concepts, or theories. Such an empirical study would still require a degree of originality but would be academically interesting if it offers a view of the area of study not previously attempted and/or allowed for an appraisal of the effectiveness of the law as it currently stands and is organised.

An in-depth critical study of a specific aspect of law or criminology. Such an examination may consist solely or mainly of library based or theoretical work, or include an element of socio-legal research. As well as recognising existing literature, such an approach needs to make clear how this project would build on and add to that work. The answer may be that the area of law or criminology has evolved or the work itself takes a very different approach to analysing the problem.

Before drafting a research proposal it is a good idea to consult with any academic contacts you already have for their feedback.

The Research Proposal

Applications must include an outline research proposal. If a proposal is submitted without a proposal it will be automatically rejected.

The application asks you to give a description of your research project, including the research questions to be addressed, the methodology to be used, the sources to be consulted and a brief timetable. Your proposal should be included in the application as a separate attachment, and distinguished from your supporting statement (if you include one).

There is no set format or page length for proposals, although to keep the proposal concise and clear while still providing enough information, we recommend limiting yourself to 1,500-2,500 words. Within your application it is useful to identify and bear in mind some or all of the following points:

It is important that you demonstrate clearly the area that you intend to research and provide some indication that you are already knowledgeable in the area that you intend to research. This can be achieved through suitable references and/or by supplying a bibliography to support your application.

Research is about more than collating knowledge already in the public domain. Within your application you should indicate how you intend to add to the knowledge that you will be uncovering. Examples of potential aims include: adding to existing theory; disproving previous understandings; a critique of the current legal position; a defended positive/negative prognosis of the impact of a new legal provision; new empirically obtained findings. You may find it helpful to express your research aims as questions to be answered, or as aims to fulfil by doing the research. Try to limit the number of aims of your study as much as possible.

A research application is more likely to be accepted if you can demonstrate that it has relevance and academic merit. Ultimately PhDs are awarded where a piece of work can demonstrate some originality and innovation. This should be explained within your application.

It is rare for an entirely original piece of research to be written. Therefore, the links with existing research should be made clear, as should the possibilities your work might open up for future research. You should provide some background to the research, exploring the wider literature and making as clear as possible what makes your proposed research original in the context of that literature.

In other words, how do you intend to undertake the research? Methods may include reviewing library-based resources or empirical research. If the latter, then what form – e.g. quantitative or qualitative analysis, and what evidence can you provide that you have the skills to undertake such research. These methods should be carefully considered in relation to the research aims and questions you are seeking to address in the proposed research.

You must consider the partnerships, knowledge exchange and impacts associated with your proposed research. If you already have collaborative arrangements in place with relevant external stakeholders then you should describe these and potentially also provide letters of support, in principle, if you have them. You should consider the likely impacts of your proposed research and how these will be achieved, as well as your plans for disseminating your research findings beyond academia.

If you are applying for WRDTP or WRoCAH scholarships, it is essential that you consider how your proposed research fits in with the research pathways or clusters of these two funders. The quality of your scholarship application will be judged partly by the fit of your research within these pathways or clusters.

Your application should not be too unrealistic as to what can be delivered. It is also wise to predict the likely challenges that you will face in undertaking the research and suggest ways in which those challenges can be overcome.

What to avoid

Research proposals should not be viewed as binding contracts. Most first-year PhD students adapt their research proposal once they start studying the topic in more depth and working with their supervisor. Nevertheless, a PhD proposal should amount to a coherent, intelligent, realistic and relatively well thought-out idea of an area of potential research.

The following errors should be avoided if possible:

Simplistic descriptions of an area of study should be avoided – eg ‘I want to research EU law’. The specific focus of the research must be clear.

Offer to review or analyse an area of law on which there is already a significant existing literature. PhDs should be attempting something more than bringing together knowledge that already exists.

Develop a research proposal primarily because the topic is or has been fashionable. Topics such as the legality of the war in Iraq, the operation of the International Criminal Court or the Human Rights Act 1998 remain extremely important areas of academic study, but as a PhD student it is going to be very difficult to say anything interesting, new or original about these topics.

Avoid trying to resolve grand problems in one thesis. The best research proposals tend to focus on discrete and well-confined subject areas.

Relying upon a comparison to provide the intellectual component of the proposal, whether that is a comparison between different institutions, different bodies of law or different countries. Comparative research proposals are worthy if properly thought out. If the comparison is between different legal systems for instance, in the submission it needs to be made clear why that comparison could be a useful one and what can be learnt from the comparison. For instance, you may be undertaking research in the UK and from Botswana, but that does not mean that there are any valid reasons why comparing the UK to Botswana is actually worthwhile in your subject area.

Relatedly, you should consider the research expertise of supervisors at the University of Sheffield, and the value that studying at Sheffield adds to your research. Generally a PhD submitted in a UK university should contribute to knowledge about the UK, or about global/international issues. If you want to research another country of jurisdiction, you need to provide a credible reason for why Sheffield is a good place to undertake that study, as opposed to an institution in that country.

Make sure that your methodology is as clear and specific as you can make it at this early stage. Proposals that say, “I will use qualitative methods” are unlikely to succeed because they suggest an ignorance of the diversity of qualitative methods. Ideally, you should be able to say something about: 

the methods you will use (e.g. surveys, documentary analysis, interviews, observation, ethnography, audio-visual methods...); 

the target populations of your research (eg, a study of criminal courts might seek to recruit judges, lawyers, ushers, defendants, police officers, or other actors. Which groups do you want to participate in your research, and why? The answer to this question should bear some relation to your research aims); and, 

If possible, the approximate number of participants you want to recruit for each method (for instance, you might want to conduct 10-15 interviews with each of two groups of participants, or to survey 500 people) and how they will be accessed/recruited. Try to be realistic about how long empirical research takes, and how many research participants it is possible to study.

How these chosen methods are likely to illuminate the research questions of the proposed research

Ethical considerations of the research in relation to things like informed consent, anonymity, the safeguarding of researchers and participants

It may not be possible to say much at this stage, but the more details you can provide, the clearer it will be that you have thought seriously about your research project, and the easier it will be for the School of Law to evaluate its feasibility.

Positive steps to take

When we make an offer we will do so on the basis of various considerations. Making an effort to foreshadow those considerations in your application is a good idea. It is advisable to submit a supporting statement alongside the research proposal. Issues to consider include:

Why did you choose to apply to the University of Sheffield?

Can you provide any evidence to suggest that you are capable of completing an extensive piece of research and have the character to undertake three years of study, on a relatively low income and with only supervisory support?

Does the research proposal fit into one of the areas in which the Law School has a speciality ? Often a proposal only needs minor adaptation to fall within an area the School can supervise, but to improve your chances of success it is worthwhile reviewing the academic profile of the various staff in the Law School before you submit an application.

If you are able, it would be helpful to have a look at some past PhD theses in your own area of interest which have been successfully submitted at a UK university. Most UK universities have copies in the library of all past successful PhDs, either as physical copies or in an online repository. 

The online application form requires you to provide some standard information about yourself and your past academic performance. Please ensure that this information is correct and that you provide evidence to support your qualifications.

The references that your referees provide are important sources of information for us. Wherever possible, it is helpful to provide (where possible) a reference from at least one academic who is aware of your research potential and has read some of your work.

Search for PhD opportunities at Sheffield and be part of our world-leading research.

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Legal Research Proposal Template

Unleash your creativity and produce a unique, compelling legal research proposal.

• Size : Letter
• Plan : free

Looking to draft a legal research proposal? Our Legal Research Proposal Template is just the tool you need! Designed to promote your work effectively and professionally, this template is easily customizable to match your unique style and needs. Whether it's picking a specific color scheme, adjusting the sizes, or selecting the perfect photos or icons to represent your research - we've got you covered. Our free stock libraries offer an array of options to make your proposal truly individual. Start utilizing this ideal design on Venngage and make your proposal as striking and engaging as it is comprehensive and detailed. Get the word out with this exceptional template!

Explore more

Basic Legal Research: Making a Research Plan

• Issue Spotting
• Jurisdiction
• The Hierarchy of Authority
• Making a Research Plan
• Researching in Print or Online
• Secondary Sources- Intro
• Secondary Sources- Encyclopedias, Restatements and ALR
• Secondary Sources- Treatises, Looseleafs, and Periodicals
• Updating Your Research
• Writing Your Document
• Researching with Lexis
• Researching with Westlaw
• Researching with Bloomberg BNA

Fact Situation

Darin drank a few beers, then took his skateboard down to the corner store to pick up some more. On the way back, he swerved into the path of Nadine, who was riding a bike, causing a crash in which Nadine's arm was broken. A police officer was on the scene, noticed that Darin seemed intoxicated, had him do a field sobriety test, and arrested him for operating a vehicle under the influence of alcohol (DUI).

Developing Search Terms

To research a question, you first need to outline the concepts you're dealing with, and find keywords that fit those concepts.

Darin was charged with operating a vehicle under the influence of alcohol. There are three major concepts here:

One way to come up with keywords is to look at related words for each concept.

• Operating: driving, running, controlling
• Vehicle: car, skateboard, bicycle, truck, conveyance
• Alcohol: drink, beverage, drug

These words can be narrower than the concept (car, skateboard, etc. are types of vehicles) or broader (vehicles are a type of conveyance). When you're searching, don't just stick with the words given to you, but have as many backup keywords as possible.

Boolean Searching

• Boolean Cheat Sheet

Boolean searching (named for the mathematician George Boole) is a more precise method of constructing a search than entering all your search terms together in a box. By using logical operators, such as AND, OR, or NOT, you can create a search that will yield results more on point. The below document contains the most used operators and examples of their use.

Terms and Connectors

CALI Lessons on Research Planning

• Legal Research 101: The Tools of the Trade Using a lawyer-under-construction theme, we take the law student on as an apprentice and introduce him or her to the basic tools of legal research.
• Legal Research Methodology This exercise is designed to help law students develop their abilities to handle legal research assignments.
• Introduction to Search Logic and Strategies Students will learn about keyword search formulation strategies and the mechanics of Boolean searching.
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Research Proposal Example/Sample

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If you’re getting started crafting your research proposal and are looking for a few examples of research proposals , you’ve come to the right place.

In this video, we walk you through two successful (approved) research proposals , one for a Master’s-level project, and one for a PhD-level dissertation. We also start off by unpacking our free research proposal template and discussing the four core sections of a research proposal, so that you have a clear understanding of the basics before diving into the actual proposals.

• Research proposal example/sample – Master’s-level (PDF/Word)
• Research proposal example/sample – PhD-level (PDF/Word)
• Proposal template (Fully editable) 

If you’re working on a research proposal for a dissertation or thesis, you may also find the following useful:

• Research Proposal Bootcamp : Learn how to write a research proposal as efficiently and effectively as possible
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FAQ: Research Proposal Example

Research proposal example: frequently asked questions, are the sample proposals real.

Yes. The proposals are real and were approved by the respective universities.

Can I copy one of these proposals for my own research?

As we discuss in the video, every research proposal will be slightly different, depending on the university’s unique requirements, as well as the nature of the research itself. Therefore, you’ll need to tailor your research proposal to suit your specific context.

You can learn more about the basics of writing a research proposal here .

How do I get the research proposal template?

You can access our free proposal template here .

Is the proposal template really free?

Yes. There is no cost for the proposal template and you are free to use it as a foundation for your research proposal.

Where can I learn more about proposal writing?

For self-directed learners, our Research Proposal Bootcamp is a great starting point.

For students that want hands-on guidance, our private coaching service is recommended.

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Legal research proposal Sample PDF 2024

• 3 January, 2024

This is a legal research proposal sample.

This sample of the legal research proposal will guide law students and lawyers in the course of conducting legal research and report writing.

Learn how to write a legal research proposal here

Read also: How to conduct legal research and write your research report

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Legal research proposal Sample

List of statutes, list of abbreviations and acronyms, list of international instruments, list of cases, chapter one, introduction, background to the problem, statement of the problem, hypotheses of the study, general objective, specific objective, significance of the study, literature review, research design, library research, field research, area of the study, sample population, sample size, sampling technique, questionnaire, data presentation and analysis techniques, legal research proposal sample pdf.

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The following is a sample of the legal research proposal.

AAA UNIVERSITY

FACULTY OF LAW

RESEARCH PROPOSAL

ROLE OF COPYRIGHT AND NEIGHBOURING RIGHTS ACT IN PROTECTING OWNERS OF LITERARY WORKS IN THE DIGITAL ENVIRONMENT

REGISTRATION NO. 111111/T.00

SUPERVISOR:  PROF. BBBB

A COMPULSORY RESEARCH PAPER SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE BACHELOR OF LAWS (LL.B) DEGREE OF THE AAAA UNIVERSITY

Constitution

The Constitution of the United Republic of Tanzania, 1977

International instruments

Agreement on the Creation of the African Regional Industrial Property Organization 1979

Berne Convention for the Protection of Literary and Artistic Works (1971)

Patent Cooperation Treaty, 1970

Universal Declaration of Human Rights of 1948

World Intellectual Property Organisation Performances and Phonograms Treaty, 2002

World Intellectual Property Organisation Copyright Treaty, 1979

Legislations

Copyright Ordinance, CAP 218

Digital Millennium Copyright Act (1998)

The Copyright and Neighbouring Rights Act [CAP 218 R.E 2002]

ARIPO                        African Regional Industrial Property Organisation

CANRA                      Copyright and Neighboring Rights Act

CAP                            Chapter

CDPA                         Copyright Design and Patent Act

CERT                          Computer Emergency Response Team

Co.                              Company

Corp.                           Corporation

COSOTA                    Copyright Society of Tanzania

CURT                         Constitution of the United Republic of Tanzania

DMCA                        Digital Millennium Copyright Act

DRM                           Digital Rights Management

Ed                               Editor

ed.                               Edition

G.N.                           Government Notice

http                              hypertext transfer protocol

Ibid                             ibidem(in the same place)

ICT                              Information and Communication Technology

IP                                Intellectual property

IPRs                            Intellectual property rights

LL.B                           Lex  Legum Beccalareus

Ltd                              Limited

NEC                            Nippon Electricity Company

No.                              Number

P.                                 Page

Pvt                               Private

R.E                              Revised Edition

REG.                           Registration

TRIPS                         Trade-Related Aspects of Intellectual Property Agreements

U.S.A                          United States of America

UK                              United Kingdom

UNESCO                     United Nations Educational, Scientific and Cultural Organization

V                                  Versus

Vol.                             Volume

W.T.O                         World Trade Organisation

WCT                           WIPO Copyright Treaty

WIPO                          World Intellectual Property Organisation

www                           World Wide Web

Agreement on Trade-Related Aspects of Intellectual Property Right, 1994

Berne Convention for the Protection of Literary and Artistic Works, 1886

Directive on Electronic Commerce, Directive 2000/31/EC

Directive on Enforcement of Intellectual Property Rights, Directive 2004/48/EC

Directive on the Harmonization of Certain Aspect of Copyright and Related Rights in Information Society, Directive 2001/29/EC

European Convention on Cybercrimes, No. 1885 of 2001

WIPO Copyright Treaty, 1996

LIST OF LEGISLATIONS

Foreign Legislation

Copyright Designs and Patents Act, 1988 (U.K)

Digital Millennium Copyright Act, 1998 (U.S.A)

Domestic Legislation

Constitution of the United Republic of Tanzania, [CAP 2 R.E 2002]

Copyright and Neighboring Rights Act, [CAP 218 R.E 2002]

Cybercrime Act, No. 4 of 2015

Regulations

Copyright (Licensing of Public Performances and Broadcasting) Regulations, GN No. 328 of October 2003

Copyright and Neighbouring Rights (Production and Distribution of Sound and Audiovisual, Recordings) 2006 GN No.18 of January 2006

Copyright and Neighbouring Rights (Registration of Members and Their Works) Regulations, GN No. 6 of January 2006

Electronic and Postal Communications (Computer Emergency Response Team) Regulations, G.N. No. 419 of December 2011

Electronic and Postal Communications (Licensing) Regulations, G.N No. 430 of December 2011

Electronic and Postal Communications (Telecommunications Traffic Monitoring System) Regulations G.N. No. 208 June 2013

Exxon Corporation v Exxon Insurance [1982] RPC 69

NEC Corp. v. Intel Corp. (1989) 10 U.S.P.Q.2d 1177

Pastel Software (Pty) Ltd v Pink Software (Pty) (1991) Ltd 409

Torkington v Magee [1902] 2 KB

University of London Press v University Tutorial Press [1916] 2 Ch 601

BACKGROUND AND THEORETICAL INFORMATION

This research will deal with the role of the Copyright and Neighbouring Rights Act[1](CANRA) in protecting the economic rights of owners of literary works in a digital environment.

It arises from the need of protecting the economic rights of owners of original literary works from online piracy and other related online illegal activities and a desire to consider whether CANRA recognizes and guarantees the protection of economic rights of owners of literary works in a digital environment.

It is important in this research to define what is literary works and the digital environment. According to Black’s law dictionary[2] literary works mean “a non-audiovisual work that is expressed by verbal, numerical, or other symbols such as words or musical notation and embodied in some physical object.[3]”

In University of London Press Limited v University Tutorial Press Limited[4] Peterson J at p. 608 stated that “literary work cover work which is expressed in print or writing, irrespective of the question whether the quality or style is high.

The word “literary” seems to be used in a sense somewhat similar to the use of the word “literature” in political or electioneering literature and refers to written or printed matter. That does not say that anything written or printed is a literary work.” In Exxon Corporation v Exxon Insurance[5], it was held that a literary work is one that conveys information or instruction. Also in the case of Pastel Software (Pty) Ltd V Pink Software (Pty) 1991 Ltd 409 literary work was defined as any combination of letters and/or numerals that embody the results of a measure of intellectual effort or skill.

A digital environment is a simulated place made through the use of one or more computers, records or evidence of an individual’s interaction with a digital environment constitute their digital footprint[6].

Also, it is worthwhile to know the economic rights which are entitled to the owners of original literary works.

Economic rights are pecuniary benefits the owner of original literary work gets from his work. The owner has to derive fair and sufficient financial reward from the use of his work. Economic rights are exclusive rights of the author to authorize reproduction of the work, distribution of the work, rental of the work, public exhibition of the work, translation of the work, an adaptation of the work, public performance of the work, broadcasting of the work, and importation of copies of the work.[7]These rights can be transferred to another person by the author.[8]

With digitalization and the internet, literary works are highly affected by digital copyright violations for example through file-swapping, copying and pasting, file sharing, uploading and downloading, and other related online illegal activities, these activities keep the economic rights of owners of literary works at risk.

In response to that, CANRA under Section 44 legitimizes the application of technical means of protection and rights management information so as to allow owners of original literary works to protect their economic rights from digital copyright violations. According to this section, specifically under subsection 1 (c) read together with subsection 2, it is unlawful and it shall be assimilated to infringements of CANRA to remove or alter any electronic rights management information without authority.

This is necessary because in absence of technical measures, implementation of CANRA prohibitions is hard to archive on the global internet.[9]

Despite that response, CANRA does not have clear and specific provisions for the protection of exclusive rights of owners of literary works from digital copyright violations compared to traditional or analogy infringement where it provides for offenses and remedies for infringement.

Traditionally once original literary work is entitled to copyright protection, the author shall have the exclusive right to carry out or to authorize; reproduction of the work, distribution of the work, public exhibition of the work, translation of the work, an adaptation of the work, other communication to the public of the work and importation of copies of the work[10].

Therefore traditionally a person is termed to infringe copyright when direct or aid to conduct any of the acts above activities without authorization of the author. Any person who knowingly violates, or causes to be violated, the rights protected, commits an offense [11].

Also, it provides that any person whose rights under the Act are in imminent danger of being infringed or have been Infringed, may institute proceedings in the United Republic of Tanzania for an injunction to prevent the infringement or to prohibit the continuation of the infringement.[12]

Digitalization emerge to have upset the traditional means of copyright protection, as it leads to the new forms of copyright infringements as it supports the conversion of literary works which are hardcopy to softcopy, its allows illegal copying of original literary works without affecting their quality and makes the illegal copies to be distributed over networks.

Therefore there is a need for the CANRA to be adequate in protecting economic rights of owners of literary works in a digital environment.

Noteworthy that the protection of the property is a constitutional right. As it has been stated in The Constitution of the United Republic of Tanzania 1977[13](CURT) that

Every person is entitled to own property and has a right to the protection of his property held in accordance with the law and it shall be unlawful for any person to be deprived of his property for the purposes of nationalization or any other purposes without the authority of the law which makes provision for fair and adequate compensation[14].

This study will examine the adequacy of CANRA in protecting the economic rights of owners of literary works in a digital environment. It inspects the extent to which CANRA recognizes and guarantees protection of economic rights of owners of literary works in a digital environment.

Copyright is a property right that subsists (exists) in the various works, for example, literary works, artistic works, musical works, sound recordings, films, and broadcasts.[15]

In relation to literary work, in the case of NEC Corp. v. Intel Corp[16], it was stated that “for a particular literary work to be copyrightable, two requirements must be satisfied: the work must be “fixed in any tangible medium of expression,” and it must be “original”. In Tanzania, copyright protection began as soon as the existence of colonialists. It can be traced to the British era. The British copyright law is often seen as a gift that was bequeathed to colonial countries.

The Copyright Ordinance[17] was introduced as an extension of the United Kingdom (imperial) Copyright Act 1911. It was applied in colonial territories and was the model for most of the early copyright legislation in Commonwealth countries[18].

After the independence of Tanganyika, the Copyright Ordinance of 1924 was replaced by the Copyright Act No. 61 of 1966[19]which improved on copyright matters. The 1966 Act provides the automatic protection of copyright materials. Cinematographic, musical, and artistic works qualified for protection.

However Act No. 61 of 1966 had challenges that, it lacks provisions on criminal offenses and their sanctions, the term of copyright protection was short.[20]

Development of technology, absence of the copyright organization for the protection and management of copyright, an increase of copyright infringement activities, most often, involves a claim of improper copying or creation of a new work based upon the original, made Act No. 61 of 1966  not effective.

As the result, in 1999 CANRA was promulgated to repeal Act No. 61 of 1966. This Act was enacted to make better provisions for copyright and neighboring rights in literary, artistic works, folklore and for related matters.[21]

To protect the moral and economic interests of authors (creator) relating to their works, to provide protection for the expression of folklore, to protect the interests of performing artists, producers of cassettes and broadcasting organizations, to provide for civil remedies and criminal sanctions against infringers and pirates[22].

It introduced new provisions included, such as enhanced provision on criminal offenses and sanctions[23], protection for the expression of folklore[24], computer programs[25], phonograms and related rights[26]and composition of Copyright Society of Tanzania (COSOTA)[27]  which were not included in Act No. 61 of 1966.

In addition to the traditional acts of infringement, the Act has also expanded the spectrum of infringing practices by faulting those who import or own contrivances, which may be used to facilitate copyright infringement[28].

In relation to digital infringement, CANRA legitimized the use of technical means of protection and rights of management information so as to enable the owners of literary works to safeguard their economic rights from digital copyright violations[29]. CANRA managed to adhere to the rules and principles of some conventions such as the Berne convention[30] and the TRIPS Agreement of the World Trade Organization[31]for example protection of computer programs and software.[32]

In the 2000s several regulations were made to ensure effective implementation of CANRA, it includes; The Copyright (Licensing of Public Performances and Broadcasting) Regulations[33] which deals with licensing of public performance and broadcasting of copyrighted works, as provided under Regulation 3 “that no person shall hold public performances or broadcasting a copyrighted work except under the license from the society”

The Copyright and Neighbouring Rights (Registration of Members and Their Works) Regulations[34], which deals with the registration of artistic work and membership of COSOTA, as provided under Regulation 3 that “author or another owner of the copyright may apply for membership of COSOTA.

The Copyright and Neighbouring Rights (Production and Distribution of Sound and Audiovisual Recordings) Regulations[35], which deals with the protection of sound recordings or audio-visual recordings, as provided under Regulation 2 that “A person shall not produce, distribute or import for distribution sound recordings or audio-visual recordings in Tanzania except under a license issued by the Copyright Society of Tanzania under these Regulations are referred to as the “Society”.

Nevertheless, contemporarily, there is no regulation that is made to ensure effective implementation of CANRA towards the protection of literary works in a digital environment.

Since the year of 1990s when Privatization and investment took the role, it gave away for the development of Information Technology as things like computers were highly engaged.

These technologies are both promising and potentially harmful to various parties interested in the use and the exploitation of works of authorship[36]and thus, enhance copyright infringement through the digital environment.

Activities such as caching, scanning, file-swapping, browsing, copying and pasting, downloading, and uploading of literary works, cause violation of the copyright owner’s exclusive rights, such as the right to make copies[37].

To control infringement of copyright in the digital environment, international organizations, directives, and several nations began to introduce in their binding legislation regulations aimed to increase protection of works and rights of their authors’ organizations in a digital environment.

An example of an international organization, treaties are WIPO Copyright Treaty (WCT). The provisions of the WCT relating to digital technology covers storage of works in digital form in an electronic medium, transmission on digital networks, limitations, and exceptions in the digital environment, and technological measures of protection and rights management information, Berne Convention the impact of digital technology on copyrighted works has been considered through Article 20.[38]

Also Directive on Electronic Commerce[39], Directive on Enforcement of Intellectual Property Rights[40] and Directive on the Harmonisation of Certain Aspect of Copyright and Related Rights in Information Society[41], was made in European Union so as to ensure proper regulation and enforcement of IPRs in the digital era.

United States of America (USA) enacted Digital Millennium Copyright Act, 1998 (DCMA) Title I of the DMCA contains, among other things, provisions to implement obligations concerning technological measures and rights management information and United Kingdom (UK) enacted The Copyright Designs and Patents Act, this law prohibits copying in relation to Literary (which include software), dramatic, musical, and artistic work, including reproducing the work in any material form which includes storage in any medium by electronic means[42]

To control digital copyright infringements in Tanzania, CANRA allows the application of technical means of protection and rights management information so as to enable owners of original literary works to protect their economic rights from digital copyright violations. It is unlawful and it shall be assimilated to infringements of CANRA to remove or alter any electronic rights management the information which was set by the owners of literary works towards the protection of their economic rights without authority[43].

Despite that response, CANRA does not have clear and specific provisions for control of online piracy and other related online illegal activities compared to international instruments and copyright laws of other jurisdictions like the USA and UK which respond to the digital copyright via lotions by including clear and specific provisions for control digital copyright violations.

Absence of clear and specific provisions for control of online piracy and other related online illegal activities in CANRA may renders the enforcement of the Act in a digital environment very difficult.

Authors of original literary works shall be entitled to copyright protection for their works by the sole fact of the creation of such works [44]. In the case of the University of London Press v University Tutorial Press[45] it was stated that “The word “original” does not in this connection mean that the work must be the expression of original or inventive thought.

Copyright Acts are not concerned with the originality of ideas, but with the expression of thought, and, in the case of “literary work,” with the expression of thought in print or writing.

Due to the development of Information and Communication Technologies (ICTs) particularly digitalization, computerization and the internet, there have been various means on how original literary works can be copied or reproduced without affecting its quality, disseminated and obtained without authorization, for example through uploading or downloading literary works from the internet.

It becomes difficult for the owners of literary works to control dissemination or distribution of their works through the internet without law to provide for effective measures to protect their economic rights.

Digitalization, computerization and the internet facilitates rampant infringement of the economic rights of the owners of literary works which are conducted both offline and online environment. Mostly in offline environment infringement is done through copying, burning, scanning, distribution of literary works through flash disk and memory cards and any other similar means.

In a few instances infringement is also conducted through an online environment, it is done through file-swapping (peer-peer file sharing) whereby people can share literary works without permission from the owner.

In Tanzania the most applicable file swapping websites are; 4shared, Telegram, Mega upload, Media fire, Files tube, Rapid share and The Pirate Bay, also infringement via digital environment is conducted through, downloading, uploading, copying and pasting, and scanning of literary works.

Consequently, CANRA under Section 44 provides for the application of technical means of protection and rights management information so as to enable owners of original literary works to protect their economics rights from digital copyright violations, however, this section is not accommodated enough to ensure more effective protection and enforcement of CANRA in relation to the digital copyright infringement.

Therefore there is a need for the CANRA to be adequate in protecting the economic rights of owners of literary works in digital environment.

This study will examine the extent to which CANRA recognizes and guarantees the protection of economic rights of owners of literary works in a digital environment. The study further provides recommendations regarding the effective enforcement of CANRA in a digital environment.

This research will base on the following hypotheses:

• The emergence of the digital environment and lack of digital copyright law facilitate rampant infringement of economic rights of owners of literary works
• CANRA is ineffective in protecting the economic rights of owners of literary works in a digital environment.

Objectives of the Study

The general objective of this research is to explore the legal challenges in the protection of the economic rights of owners of original literary works in a digital environment.

• To examine the extent to which CANRA protects the economic rights of owners of literary works in a digital environment
• To explore the effectiveness of CANRA in protecting the economic rights of owners of literary works in a digital environment.
• The study will be useful to the law-making bodies to restructure the copyright legislation to meet the contemporary situation of science and technology.
• This study will make the general public awareness of copyright issues.
• The study will as well serve as reference material for further studies on the same area.
• Furthermore, the study will enable a researcher to qualify for an award of bachelor’s degree of laws (LL.B) of AAA University 2022.

The issue of infringement of intellectual property rights via the digital environment has been discussed by various persons both from Tanzania and outside of Tanzania.

The researcher reviewed the existing literature in order to know how other writers have dealt with the problem at hand and to discover the existing gaps which are left by them so as this research to deal with those gaps. Also, the existing literature gave the researcher a direction as to where to go after getting the starting point.

Fujita A.K. (1996) [46] in her article provides that, the new technology of digitization in our present Information Age has upset the delicate balance created and maintained by copyright law between the rights of authors, users, and the industries that collect the money. There is no doubt that the technology of digitization will have a profound effect on copyright law.

She further states that digitization allows copying to be done quickly, cheaply, and easily, with no loss in quality, and then distributed to potentially millions of people in a few seconds.

Because of the new Information Superhighway, it can be done in the comfort of one’s own home with just a personal computer and a modem. Copyright holders have always been worried about new copying technology.

Photocopy machines, cassette recorders, and video recorders have all been thought to be a threat to copyright. Digitization allows a user to easily remove an author’s name from a work, substituting his own name, another’s, or none at all.

It allows a user to alter text, insert words, delete paragraphs, etc. Digitization allows a user to easily remove an author’s name from a work, substituting his own name, another’s, or none at all. It allows a user to alter text, insert words, delete paragraphs, etc.

She proposed that we must now determine how to write the laws to create the appropriate balance of author, user, and publishing rights. A major criticism of laws regulating private behavior in a digitized environment centers on enforcement. It is believed that the laws cannot be enforced without strict monitoring that would violate the privacy rights of users.

This literature discloses various problems which have been brought by digitalization, also it proposes that the resort should be made to the law, although it pinpoints that a law cannot be enforced without strict monitoring that would violate the privacy rights of users.

However, in his literature, the author did not cover the protection of economic rights of literary works in a digital environment. The researcher intends to use this literature to show the importance of the copyright law to be strict in monitoring that would violate the economic rights of owners of literary works.

Szczepańska, B. (2004) [47] in his paper stated that the copyright issue has gained additional significance in the context of the information society, the development of which we can witness where access to broadly understood media and means of public and direct communication plays a key role.

Using digital technology to record, make available, store, archive, and transfer works triggered the change in methods and scope of their exploitation. Apart from obvious and undisputable positive consequences of those changes, there are risks related to the infringement of copyright and neighboring rights on an unprecedented scale by using the protected property without the consent of authorized entities or by “manipulating” the content of the works distributed in digital format.

This literature tries to show that, piracy for many years has been a serious problem especially in the traditional way in which literary works and other copyrighted works are distributed in digital format.

That with the advent of digitization the situation is worse. However, in his literature, the author says nothing about the protection of literary works in a digital environment.

The researcher will use it to show the importance of legal framework on protecting the economic rights of literary works in the digital environment and keep in pace with the development of new technology such as the internet and computer networks.

Mahingira, E. (2007) [48] in his paper states that, there is infringement and piracy of protected works. He points out the importance of IP in building a socio-economic positive growth of Tanzania by formalizing IP activities, having an IP Policy, and building up of the IP institution by the stakeholders of IP.

The author speaks generally about importance of IP activities and the importance of having an IP policy and institution dealing with IP without specifically concentrates on the protection of economic rights of owners of literary works in a digital environment. The researcher intends to use this paper since it supports the establishment of a system of protection which in turn will control copyright infringement in a digital environment.

Burgunder, M. (2007) [49] in his book states that, even if intellectual property protection is established by law overseas, it may be useless if the enforcement mechanisms are insufficient. It is one thing to state that something is wrong; it is quite another thing to do something about it.

This literature is useful in this research since it insists on the importance of sufficient enforcement of intellectual property protection. However, this literature does not specifically provide for enforcement of copyright law in protecting the economic rights of literary works in the digital environment, which will be covered in this research.

The researcher will use this literature to provide for an efficient copyright enforcement mechanism that will ensure the protection of the economic rights of owners of literary works in a digital environment.

Wangwe, S. (2009) [50] in his report notes that by 1966 the lack of effective intellectual property protection in Tanzania warranted significant improvement needing the adaptation and enlargement of legal, administrative and enforcement framework as well as human capacity.

He further observes that, although the legal framework and the necessary institutional framework for IP administration been established, the need for other IP implementing agents such as the police department, the customs office, and the judiciary needs adequate preparation in order to be able to curb the infringement of intellectual property rights.

Finally the author suggests   that extensive training is required to cause awareness of Intellectual field in general and put it into practice.

In his report, points out some administrative concerns and concentrates on the lack of effective IP protection in Tanzania.

He suggests for the importance of improving, adapting, and enlarging the legal administrative and enforcement as well as human capacity machinery for enforcement intellectual property protection in Tanzania. However, the author did not specifically discuss the issues facing copyright protection in the digital environment in Tanzania, particularly in literary works.

Therefore this research will use this literature to cover how legal and institutional frameworks will be outfitted so as to protect the economic rights of owners of literary works in a digital environment.

Mambi, A.J. (2010) [51] in his book points out that, the growth of the internet has had major implications for the treatment and protection of copyright materials and other related intellectual property rights that are published electronically.

He notes that one can clearly observe the difficulty faced by the intellectual property laws in Tanzania and other countries specifically copyright law-keeping in pace with changes in technology.

In his book specifically addresses the issue of difficulties on copyright protection on technological development which is the realm of this study, but he does not cover literary works. The research will use this literature to show the importance of copyright law to keep pace with the development of new technology such as digitalization and the internet.

Hargreave, I. (2011) [52] in his report states that IP law must adapt to change, digital communications technology involves routine copying of text, images, and data, meaning that copyright law has started to act as a regulatory barrier to the creation of certain kinds of new, internet-based businesses.

He also argues that the copyright regime cannot be considered fit for the digital age when millions of citizens are in daily breach of copyright, simply for shifting a piece of music or video from one device to another. People are confused about what is allowed and what is not, with the risk that the law falls into disrepute

He also pinpoints the reasons for supporting effective enforcement of IP rights by saying that a theme that connects all areas of IP is enforcement. IP rights cannot succeed in their core economic function of incentivizing innovation if rights are disregarded or are too expensive to enforce.

Ineffective rights regimes are worse than no rights at all: they appear to offer certainty and support for reliable business models, but in practice send misleading signals. Widespread disregard for the law erodes the certainty that underpins consumer and investor confidence. In the most serious cases, it destroys the social solidarity which enables the law abiding majority to unite against a criminal minority. These are powerful reasons for supporting effective enforcement of IP rights.

This report reveals that IP law must change to adapt digital environment situations and also insists on effective enforcement of IP rights.

However, it does not provide on how the law particularly copyright legislations, can be sufficient to protect owners of literary works in digital environment. The researcher intends to use this literature since it supports effective enforcement of IP rights and it shade the light on the need of changing the law so as to control the challenges brought by the development of science and technology.

Denton, A. (2011) [53] highlights that digital copyright infringement is ubiquitous. There are a number of technical approaches used by pirates to copy and share content. These techniques are increasingly sophisticated and have increasing scale and scope.

Industry is making efforts to work cooperatively to mitigate the risks and to help to enforce copyright. These efforts alone have clearly not managed to limit copyright abuse and there is an on-going debate on the role of different players in the ecosystem in enforcement.

This paper reveals how digital copyright infringement terrorizes copyright protection, it notes a number of technical approaches used by pirates to copy and share content and it tells that effort has been made to mitigate the risks.

However the literature does not cover on the issue of protecting owners of literary works in digital environment. The researcher intends to use this literature since it shows how the digital environment rampant copyright infringement and informs that effort has to be made so as to mitigate the risks.

Nyariki, D. et al. (2012) [54]  in their report notes that, another impediment to the development of creative industries is piracy, which is normally considered a serious challenge in developing countries. Piracy is because of the absence of adequate IP protection.

They argue that to strengthen and streamline the activities of the copyright industry, relevant policies should be put in place and existing policies should be reinforced to make them more effective in improving the operational efficiency of the industries. This will, in turn, encourage the development of the industries, by creating enabling environment for the government to harness the benefit that they provide, which will subsequently lead to greater recognition of their value in the creation of wealth.

This report is very important not only to this research but also to the government of Tanzania as it has pointed out various contributions of copyright-based industries to the economic growth.

It emphasizes that, the absence of adequate IP protection and proper policy would lead to the existence of unauthorized illegal works. However the issue of protection of copyright in digital environment, particularly economic rights of literary works is not covered. Therefore the research intends to use this study to cover that area, as it entails adequate IP protection and policy building.

Mwakaje, S. (2012) [55]in his report states that Tanzania does not have the national Intellectual Property Policy. The IP policy statements can be traced from national policies on industrial development, science, and technology, commerce, health, arts, and culture.

As the result, intellectual property policy statements are sometimes overlapping, contradictory and confusing. An obvious challenges is to coordinate these expertise and institutional organizations and agencies in enforcement of IP policy.

This literature reveals that, Tanzania does not have IP policy and the palpable challenge is how to coordinate expertise and institutional organizations and agencies in enforcing IP policy.

However the author does not cover how IP policy will be useful in the protection of owners of literary works in a digital environment. The researcher intends to use this report since it highlights the importance of having IP policy in protecting intellectual property rights.

Magalla, A. (2013) [56] in his research paper provides that the only problem here is the legal framework (Legislation). If the government would set new, efficient and sufficient principles, laws and regulations on the matter relating to information technology, then there would be no irregularities within it, and then the whole aspect intellectual property would be protected and promoted by the development of information technology.

The Act still it does not curter or gives legal framework governing the matters of information technology in Tanzania especially in intellectual property. He also says that, it is the duty of the government of the United Republic of Tanzania to ensure that its laws cope with the development of science and technology, and fully participates in intellectual property-specific legislation

He further claims that Tanzania is one among the country which is highly affected by copyright infringement through the internet.

There is no doubt that the CANRA does not have clear and specific provisions for management and control of online piracy and other related illegal activities, even though is a member of the Berne Convention for the Protection of Literary and Artistic Works and also ratified several multilateral instruments include World Intellectual Property Organization Conventions, 1967 (effective for Tanzania as of 30 December 1983); and Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization), 1994 which have a bearing to the protection of intellectual property not to exclude computer programs or software.

He blames that the government has to know that, few Tanzanians are awakening now over the concept of intellectual property in the digital age and requires change for that. It is not enough to transform the society technology from analog to digital while the laws and the society are still in analog form.

He proposes that, at this moment Tanzania is in a good position to prevent or reduce any copyright infringements. We have good examples from various countries with such a piece of legislation.

Then what is the problem? Does that means the government encourages the infringements rather than preventing it? Are the efforts employed to prevent it sufficient enough? It is time for a change because the future is in our hands; CANRA must develop to meets the requirements of the development of science and technology, thing like online piracy through downloading and other electronic activities that may affect the literary and artistic works.

The author in his paper touch some issues which are most helpful to this research, he showed the weaknesses in the legal framework and insisted that the law must develop to cope with the development of science and technology which affect literary and artistic works, also he proposed that Tanzania has to take examples from other countries with legislation that respond to the development of science and technology.

However, the author did speak generally on the weakness of the law to protect intellectual property rights in the digital environment without specifically touch on the protection of economic rights of owners of literary works, which will be dealt with thoroughly in this research.

Ubena, J. (2015) [57] in his dissertation argues inter Alia that transformation from analog to a digital representation of data or information contributed to delivery of data and text in many different networks and it supported mass digitalization of copyrighted literary and artistic works.

Moreover, the internet and the emergency of the peer to peer (P2P) file sharing facilitated illegal copying, streaming, uploading, downloading, or generally sharing of copyrighted works. This raises a question of whether the traditional copyright law means for example banning or legal restriction of peer-to-peer file sharing is an effective way of regulating ICT innovation and uses.

He further contends that the legislature reacted by enacting the law that criminalizes or bans peer to peer file sharing applications/technology that facilitates unauthorized sharing of copyrighted content. In addition, the law legitimizes the application of the Technical Measures of protection[58]example Digital Rights Management (DRM).

He argued that, despite the copyright balance achieved by the traditional statutory copyright safeguards, the translation of analog content into digital and general generally digitalization of literary and artistic work appears to have disturbed that copyright balance.

The author in his dissertation reveals some substances which are very supportive to this research; he showed the impact of digitalization and computerization in literary works and artistic work and how the law responded to that situation. However, author did not discuss the need for the copyright law to be more clear and specific so as to control digital copyright infringement which will be covered in this study.

Generally the researcher agrees that, the authors of the reviewed literatures states about the problems brought by the digital environment on intellectual property, the insufficient enforcement of the existing law to control those problems.

The authors also tried to propose some various measures to be taken by the government to curb the infringement of copyright through the digital environment. After a very critical analysis of the literatures, the researcher has discovered that, the issue concerning the role of CANRA in protecting the economic rights of owners of literary works has not been covered; it appears that the above literature speaks about copyrighted works generally without particularly touching literary works which will be the gist of this study.

Research Design and Methodology

Research methodology is a way to systematically solve the research problem. In it, we study the various steps that are generally adopted by a researcher in studying his research problem along with the logic behind them.[59]

This research will consist of information collected from library research as well as a field study. The research will be conducted by using various methods and approaches as elaborated in this part.

This research will employ a Case Study Design, because it is a fairly exhaustive method, thus it enabled the researcher to focus his study deeply and thoroughly on different aspects of a research phenomenon.

This design will enable a researcher to board on different relevant methods of collecting data from specific area like COSOTA in order to collect relevant data in relation to the material condition of the problem itself.

The researcher will employ both primary and secondary methods in collecting data to enhance the in-depth analysis of the phenomena under the study so as to give more accurate results.

Library research will be done so as to get relevant information concerning the topic, in order to build up more understanding to the problem, to get the theoretical information relating to the problem, also to know what has been addressed by other researchers so that should not repeat the same thing.

It will involve the collection of secondary data from books, research papers, newspapers, reports, brochures, articles, dissertations, journals, statutes, and electronic sources. This will be conducted in libraries specifically AAA University and ‘Home’ Regional library because all documents that will be reviewed are easily accessible from these libraries.

This study will involve the collection of primary data relating to the problem. Field research will allow the direct interaction between a researcher and respondents, thus it will enable the researcher to collect information which is current and most relevant to the problem under the investigation, so as to prove or disapprove the existence of the problem regarding the hypotheses formulated.

This study will be conducted in two geographical areas namely; ‘Home’ and ‘Away’. Because, in Home the researcher will be able to get the respondents including magistrates, advocates, police officers and state attorneys who have knowledge on the problem at hand. This will enable the researcher to get relevant and useful information concerning the problem.

In ‘Away’ the researcher was able to get respondents who are not available at ‘Home’ especially owners of literary works who are the victims of the digital copyright violations and COSOTA which is the institution deals with implementation of the copyright rights law in Tanzania.

For the purpose of this study, the researcher will collect data from; owners of literary works, because they are victims of infringement via the online environment, COSOTA because it established to implement the copyright rights law in Tanzania, the researcher specifically preferred Chief Executive Officer and Copyright Administrator, Head of Information and Communication Technology and head of legal unity in order to grasp the implementation of the copyright law in the digital environment, also researcher preferred magistrates, advocates, state attorneys  and law enforcers including police officers in order to grasp how CANRA has been interpreted and enforced when it’s come to the matters of digital infringement.

The study will target thirty-five (35) respondents to give opportunity and ensure good coverage of information. The sample was selected based on the population size, time, and financial factors. That is, Three (3) officers of COSOTA including Chief Executive Officer and Copyright Administrator, Head of Information and Communication Technology and Head of Legal Unity, seven (7) owners of literary works, six (6) magistrates, eleven (11) advocates, five (5) state attorneys and three (3) police officers.

The researcher will use the purposive sampling technique. This technique will enable a researcher to focus on a particular sample based on special knowledge of the research problem, which will be best to enable the researcher to prove or disapprove research hypotheses. This will be done by rejecting people who would be most likely not to contribute appropriate data, both in terms of relevance and depth.

Methods of Data Collection

Regarding to the nature of the problem, data will be collected through two methods, namely interview and questionnaire. The researcher preferred these methods because they are fair exhaustive means to acquire first-hand information concerning the problem so as to enhance profound investigation of the phenomena under the study. However, interviews will be the dominant method in terms of data collection.

An interview is basically an interaction, where questions are posed or a discussion takes place between two or more people with a specific purpose in mind.[60] This method is ultimate for providing first-hand information to the researcher. The interview was focused on; owners of literary works, magistrates, law enforcers including police officers, advocates and state attorneys who were available and willing to help the researcher to get direct and easily accessed information instantly. This method will involve direct contact with the respondents. The interview will be unstructured so as to allow flexibility of respondents and convenience of the researcher in accessing data.

The researcher will also use a questionnaire in collecting primary data because the tool is good where new facts are to be found, but also it gives respondents’ liberty to use their own knowledge and reasoning.

The questionnaire will be suitable for respondents who are literate, for providing in-depth information on the matter. This method will focus on the respondents who are officers but they are unable to provide information instantly because their very busy or when it might be difficult for researchers to face them due to the nature of their offices especially officers from COSOTA. The researcher will use an open mixed questionnaire where the question set was neither closed nor open.

In this study, data will be presented in a descriptive way, because, this study mainly contains qualitative data, that is, data that deals with descriptions of information. Data will be analyzed by sampling and comparison.

Analysis shows how many people in terms of percentage approve or disapprove of the existence of a problem in the light of formulated hypotheses. To clarify the respondents’ answers the analysis demonstrates the most useful statements made by respondents in response to the hypotheses. Also, the researcher notes down the number of people who have the same views and those with differing ones.

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[1] [CAP 218 R.E 2002]

[2] Garner, B.A (Ed) (2004) Black’s Law Dictionary  8th ed. West: West Publishing Co. p. 1637

[3]According to Section 5 (2) (a-b) of  CANRA literary works shall include books, pamphlets and other writings, including computer programs, lectures, addresses, sermons and other works of the same nature

[4] [1916] 2 Ch 601

[5] [1982] RPC 69

[6]John S. B. and Paul D. (2000) The Social Life of Information,  Boston: Harvard Business School press, at p.13

[7] Section 9 (1) (a)-(j) of CANRA

[8] Section 16 (1)

[9] John, U. (2015) How To Regulate Information And Communications Technology? A Jurisprudential Inquiry Into Legislative And Regulatory Techniques, Stockholm: Jure p.187

[10] CANRA section 9 (1)

[11] Ibid section 42

[12] Ibid section 36.-(l) (a)

[13] [Cap. 2 R.E 2002]

[14] Article 24 (1) and (2)

[15] David I. Bainbridge (2009). Intellectual Property, 7th  Edition, Pearson Longman, Ashford Colour Press Ltd, Gosport, Pp.5 and 31

[16](1989) 10 U.S.P.Q.2d 1177

[17] Cap 218 of 1st August, 1924

[18] Julien H. (2009). Introducing Copyright: A Plain Language Guide to Copyright in the 21st Century, Vancouver: Commonwealth of Learning, p.5.

[19] Came into operation on 1st October 1967

[20] Section 4 (2) (i)-(iv) (3).

[21]  Under Section 5(1) it provides for the exclusive right to authors of original literary and artistic works

[22] Ibid Section 2

[23]Ibid  section 42

[24] Ibid section 24

[25]Ibid  Section 5

[26] Part IV

[27] First Schedule para 1

[28] Part. VI  section 44and 45

[29] Section 44

[30]The Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 as last revised at Paris on 24 July 1971 and amended in 1979. Available at www.wipo.org .  Retrieved on 6th September 2014.

[31]Agreement on Trade-Related Aspects of Intellectual Property Rights, April 15 1994.

[32] Under Sections 4 and 5 (2) (a) CANRA

[33] GN No. 328  of  October 2003

[34] GN No. 6 of  January 2006

[35] 2006 G.N No.18 of February  2006

[36]George C. and Marybeth P. (2006).The Challenge of Copyright in Digital Age: U. S. Department of State Bureau of International Information Programs Focus on Intellectual Properties Rights, P. 50

[37] Vakul S. (2011). Information Technology-Law and Practice, 3rd ed. New Delhi: Universal Law  Publishing Co.Pvt. Ltd., P.466.

[38] Berne Convention for the Protection Of Literary And Artistic Works, 1886

[39] Directive 2000/31/EC

[40]Directive 2004/48/EC

[41]Directive 2001/29/EC

[42]Under section 17 (2) and (6)

[43] Section 44 (1) c and  (2)

[44] Section 5(1) of CANRA

[45] [1916] 2 Ch 601

[46] The Great Internet Panic: How Digitization is Deforming Copyright Law, Journal of Technology Law and Policy, Vol. 12, retrieved from http://jtlp.org/vol2/fujita.html on 19th June 2015

[47]“Digital is not different” – copyright in the digital environment, retrieved from here  on 5th July 2014

[48]Building Intellectual Property Institution In Tanzania: Paper presented at The Intellectual Property High-Level Meeting Kilimanjaro – Kempinski

[49] Legal Aspects of Managing Technology,4th  ed. Thomson/West Eagan, MN: the United States of America at p 27

[50] Case Study Report on Institutional Capacity in Intellectual Property Policy, Administration and Enforcement; Economic and Social Research Foundation: Dar es Salaam

[51] A Source Book for Information and Communication Technologies and Cyber Law in Tanzania and East Africa Community, Mkuki na Nyota Publishers: Dar es salaam at p.198

[52]Digital Opportunity; A Review of Intellectual Property and Growth, retrieved from here  on 28th May  2014

[53]Intellectual property rights in today’s digital economy, Discussion paper, retrieved from here  on May 28th, 2014

[54] The Economic contribution of Copyright Based Industries in Tanzania,  Report for World Intellectual Property Organization (WIPO) retrieved from http://193.5.93.81/edocs/pubdocs/en/copyright/1041/wipo_pub_1041.pdf   on 01 March 2015

[55]“National Study on Intellectual Property and Small and Medium-Sized Enterprises in Tanzania  The work has been commissioned by the World Intellectual Property Organization (WIPO) under the WIPO Development Agenda Project

[56]  The Impacts of ICT Evolution on Copyrights Protection in Tanzania, Research report; Tumaini University: Iringa  retrieved from here on 2nd July 2014

[57] How To Regulate Information And Communications Technology? A Jurisprudential Inquiry Into Legislative And Regulatory Techniques, Stockholm: Jure

[58] Section 44 of CANRA

[59]Kothari, C.R, (2004) Research Methodology: Methods and Techniques, 2nd Revised ed. New Age, p.9

[60] Majamba H. I. (2009) Fundamental of Legal Research: A Law Student’s Companion, Draft for Students at Law School

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