1.   Short title

   2.   Interpretation


   3.   Works protected

   4.   Derivative works

   5.   Provisions as to State and Government department

   6.   Protection to be for creation, and the kind of works not protected

   7.   Economic rights

   8.   Moral rights

   9.   Original ownership of economic rights

   10.   Duration of copyright

   11.   Presumption of authorship and of representation of author

Exceptions to Exclusive Right to Copyright

   12.   Exceptions to exclusive right to copyright

   13.   Private reproduction for personal purposes

   14.   Quotation

   15.   Reproduction for teaching

   16.   Reprographic reproduction by libraries and archives

   17.   Reproduction and adaptation of computer programmes

   18.   Reproduction broadcasting and other communication to the public

   19.   Temporary reproduction

   20.   Importation for personal purposes

   21.   Display of works

   22.   Assignment and licence of authors' rights

Establishment of Copyright Office

   22A.   Establishment of Copyright Office

   22B.   Functions of the Copyright Office

Protection of Neighbouring Rights

   23.   Neighbouring rights

   24.   Acts requiring authorization of performers

   25.   Acts requiring authorization of producers of sound recordings

   26.   Equitable remuneration for use of sound recordings

   27.   Acts requiring authorization of broadcasting organizations

   28.   Limitations on protection

Enforcement of Rights

   29.   Conservatory measures to enforce rights

   30.   Civil remedies

   31.   Criminal sanctions

   32.   Powers of Customs officials

   33.   Measures, remedies and sanctions against abuses in respect of technical means of protection and rights management information.

   33A.   Copyright Arbitration Panel

General Provisions

   34.   Application of Act to works protected under Cap 68:01

   35.   Scope of application

   35A.   Security devices

   35B.   Affixation of security services

   35C.   Price of security device

   35D.   Accreditation of producers

   35E.   Accreditation of importers

   35F.   Keeping of books and returns

   35G.   Levy on technical devices

   36.   Application of International Treaties

   36A.   Establishment of Copyright Society

   36B.   Duties of Copyright Society

   37.   Regulations

   38.   Repeal of Cap 68:01

   39.   Savings

Act 8, 2000,
S.I. 65, 2001,
Act 6, 2006,
S.I. 71, 2006.

An Act to make provision for the regulation of copyright and to provide for matters connected to and incidental to the foregoing.

[Date of Commencement: 1st October, 2006]

Preliminary (ss 1-2)

1.   Short title

   This Act may be cited as the Copyright and Neighbouring Rights Act.

2.   Interpretation

   In this Act unless the context otherwise requires-

   "adaptation" includes, in relation to a-

   (a)   computer programme, a version of the programme in which it is converted into or out of a computer language or code, or into a different computer language or code otherwise than incidentally in the course of running the programme;

   (b)   literary work in a non-dramatic form, a version of the work, whether in its original language or in a different language, in a dramatic form;

   (c)   literary work in a dramatic form, a version of the work, whether in its original language or in a different language, in a non-dramatic form;

   (d)   literary work, whether in a non-dramatic form or in a dramatic form-

      (i)   a translation of the work; or

      (ii)   a version of the work in which the story or action is conveyed solely or principally by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical; and

   (e)   musical work, an arrangement or transcription of the work;

   "artistic work" means-

   (a)   a graphic work, photograph, sculpture or collage, irrespective of its artistic quality;

   (b)   a work of architecture, being a building or a model of a building, irrespective of its artistic quality;

   (c)   a work of artistic craftsmanship not falling within paragraph (a) or (b) of this definition, irrespective of its artistic quality;

   "audiovisual work" means a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible to being made visible, and where accompanied by sounds, susceptible to being made audible;

   "author" means the person who has created a work, and shall include-

   (a)   in relation to a literary work, the author of the work;

   (b)   in relation to a musical work, the composer;

   (c)   in relation to an artistic work other than a photograph, the artist;

   (d)   in relation to a photograph, the photographer;

   (e)   in the case of a sound recording or film, the person by whom the arrangements necessary for making the recording or film are undertaken;

   (f)   in the case of a broadcast, the person making the broadcast or, in case of broadcast which relays another broadcast by reception and immediate re-transmission, the person making the other broadcast;

   (g)   in the case of a cable programme, the person providing the cable programme service in which the programme is included;

   (h)   in the case of a typographical arrangement of a published edition, the publisher;

   (i)   in the case of a literary, dramatic, musical or artistic work which is computer-generated, the person by whom the arrangements necessary for the creation of the work are undertaken;

   "broadcasting" means the communication of a work, a performance or a sound recording to the public by wireless transmission, including transmission by satellite;

   "collective work" means a work created by two or more persons at the initiative and under the direction of another person, with the understanding that it will be disclosed by the latter person under his or its own name and that the identity of the contributing persons will not be indicated;

   "communication to the public" means the transmission by wire or without wire of the images or sounds, or both, of a work, a performance, a sound recording or a broadcast in such a way that the images or sounds can be perceived by persons outside the normal circle of a family and its closest social acquaintance at a place or places so distant from the place where the transmission originates that, without the transmission, the images or sound would not be perceivable and, further, irrespective of whether the persons can receive the images or sounds at the same place and time, or at different places or times individually chosen by them;

   "computer" means an electronic or similar device having information processing capabilities;

   "computer programme" means a set of instructions expressed in words, codes, schemes or in any other form, which is capable, when incorporated in a medium that the computer can read, of causing a computer to perform or achieve a particular task or result;

   "copyright" in relation to a work means the exclusive right, by virtue and subject to the provisions of this Act, to do, and authorise other persons to do, certain acts in relation to that work in Botswana or in any other country to which the relevant provisions of this Act extends;

   ''Copyright Arbitration Panel'' means the Copyright Arbitration Panel established under section 33A of the Act;

   ''Copyright Society'' means the Copyright Society of Botswana established under section 36A of the Act;

   "dramatic work" includes a work of dance or mime;

   "distribution" means the distribution to the public, for commercial purposes, of copies of a work by way of rental, lease, hire, loan or similar arrangement, and "distributing" shall have a corresponding meaning;

   "economic rights" means the rights derived as a consequence to the right to a copyright, the extent of which is provided for under section 7;

   "expression of folklore" means a group-oriented and tradition-based creation of groups or persons reflecting the expectation of the community as an adequate expression of its cultural and social identity, its standards and values as transmitted orally, by imitation or by other means including-

   (i)   folktales, folk poetry, and folk riddles;

   (ii)   folk songs and instrumental folk music;

   (iii)   folk dances and folk plays;

   (iv)   productions of folk arts in particular, drawings, paintings, carvings, sculptures, pottery, terra-cotta, mosaic, woodwork, metal-ware, jewellery, handicrafts, costumes, and indigenous textiles;

   "fixation" means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or communicated through device;

   "literary work" means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes-

   (a)   a table of compilation; and

   (b)   a computer programme;

   "musical work" means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music;

   "neighbouring rights" means the rights neighbouring on copyright as provided for under section 23;

   "owner of copyrights" means-

   (i)   where the economic rights are vested in the author, the author;

   (ii)   where the economic rights are originally vested in a person other than the author, that person;

   (iii)   where the ownership of the economic rights has been transferred to another person, that person;

   "performer" means a singer, musician or other person who sing, deliver, declaim, play in, or otherwise perform literary and artistic works or expressions of folklore;

   "performance" in relation to-

   (a)   the rights conferred under Part IV, includes-

      (i)   a dramatic performance which includes dance and mime;

      (ii)   a musical performance;

      (iii)   a reading or recitation of a literary work;

      (iv)   a performance of a variety act or any similar presentation; that is, or to the extent that it is, a live performance, given by one or more persons; and

   (b)   a literary, dramatic or musical work includes-

      (i)   delivery in the case of lectures, addresses, speeches and sermons; and

      (ii)   any mode of visual or acoustic presentation, including presentation by means of sound recording, film, broadcast or cable programme of the work;

   "photographic work" means the recording of light or other radiation on any medium on which an image is produced or from which an image may be produced, irrespective of the technique, chemical, electronic or other, by which such recording is made; a still picture extracted from an audiovisual work shall not be considered a "photographic work" but a part of the audiovisual work concerned;

   "producer" of an audiovisual work or a sound recording, means the person who undertakes the initiative and responsibility for the making of the audiovisual work or sound recording;

   "public display" means the showing of the original or a copy of the work-

   (i)   directly;

   (ii)   by means of a film, slide, television image or otherwise on screen;

   (iii)   by means of any other device or process; or,

   (iv)   in the case of an audiovisual work, the showing of individual images non-sequentially,

   at a place or places where persons outside the normal circle of a family and its closest social acquaintance are or can be present, irrespective of whether they are or can be present at the same place and time or at different places and times or at different places or times, and where the work can be displayed without communication to the public;

   "public lending" means the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time for non-profit making purposes, by an institution, the services of which are available to the public, such as a public library or archive;

   "public performance" means in the case of-

   (i)   a work other than an audiovisual work, the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process;

   (ii)   of an audiovisual work, the showing of images in sequence and the making of accompanying sounds audible; and

   (iii)   a sound recording, making the recording sounds audible,

   at a place or at places where persons outside the normal circle of the family and its closest acquaintance are or can be present, irrespective of whether they are or can be present at the same place and time, or at different places and times, or different places or times, and where the performance can be perceived without the need for communication to the public;

   "published" in relation to a work or a sound recording means copies of which have been made available to the public in a reasonable quantity for sale, rental, public lending or for other transfer of the ownership or the possession of the copies;

   "rental" means the transfer of the possession of the original or a copy of a work or sound recording for a limited period of time for profit-making purposes;

   "reproduction" means the making of one or more copies of a work or sound recording in any material form, including any permanent or temporary storage of the work or sound recording in electronic form;

   "sound recording" means any exclusively aural fixation of the sounds of a performance or of other sounds, regardless of the method by which the sounds are fixed or the medium in which the sounds are embodied; excluding a fixation of sounds and images, such as the sound track of an audiovisual work;

   "work" means any literary or artistic work as provided for under sections 3 and 4(1);

   "work of applied art" means an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;

   "work of joint authorship" means a work to the creation of which two or more authors have contributed, provided the work does not qualify as a "collective work".

Copyright (ss 3-11)

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