COPYRIGHT AND NEIGHBOURING RIGHTS: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

(section 37)

(16th March, 2007)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Application by Copyright Society

3. Identification of investigating officer

4. Investigation procedure

5. Prescription of hologram

6. Accreditation of producers

7. Accreditation of importers

8. Levy on technical devices

9. Keeping of books and returns

10. Fees

First Schedule

Second Schedule

Third Schedule

Fourth Schedule

S.I. 11, 2007,
S.I. 33, 2008,
S.I. 58, 2008,
S.I. 41, 2022.

1. Citation

These Regulations may be cited as the Copyright and Neighbouring Rights Regulations.

2. Application by Copyright Society

(1) The application for a licence to be issued to a Copyright Society under section 22B(i) of the Act as amended by the Copyright and Neighbouring Rights (Amendment) Act 2005, shall be in Form 1A as set out in the First Schedule.

(2) The licence to be issued to a Copyright Society under section 22B(i) of the Act shall be in Form 1B as set out in the First Schedule.

3. Identification of investigating officer

The identification card to be presented by an investigating officer under section 29(6)(a) of the Act shall be in Form 2A as set out in Second Schedule.

4. Investigation procedure

(1) The consent to enter premises, conduct a search or seize any item found within any premises for the purposes of section 29(2)(a) of the Act shall be in Form 2B as set out in the Second Schedule.

(2) The owner of the premises or the person in charge of the premises shall, if any property is seized from the premises, be issued with a certificate of seizure in Form 2C as set out in the Second Schedule.

5. Prescription of hologram

The security device to be affixed to every sound and audio-visual recording in accordance with section 35A and 35B of the Act shall be in the form of a hologram stamp.

6. Accreditation of producers

(1) Any person who engages in the reproduction of sound and audio-visual recordings in accordance with the provisions of section 35D(1) of the Act shall, for the purpose of being accredited as a producer, apply to the Copyright Office, in Form 3A set out in the Third Schedule.

(2) Upon the accreditation of a person who applied for accreditation in terms of subregulation (1), the Copyright Office shall issue to that person a certificate of accreditation in Form 3B as set out in the Third Schedule.

7. Accreditation of importers

(1) Any person who imports into Botswana any sound and audio-visual recordings in accordance with section 35E (1) of the Act shall, for the purpose of being accredited as an importer, apply to the Copyright Office, in Form 3C as set out in Third Schedule.

(2) Upon the accreditation of a person who applies for accreditation in terms of subregulation (1), the Copyright Office shall issue to that person a certificate of accreditation in Form 3D as set out in the Third Schedule.

8. Levy on technical devices

The levy imposed on all imported and locally manufactured blank sound and audio visual carriers and equipment in accordance with section 35G of the Act shall be as set out in the Fourth Schedule.

9. Keeping of books and returns

(1) Every accredited person shall—

(a) keep an inventory of stock of security devices purchased from the Copyright Office for inspection by the Copyright Office; and

(b) submit quarterly returns of security devices to the Copyright Office.

(2) In complying with subsection (1), if the inventory and returns of security devices do not give a true and fair view of the matters to which they relate, the directors shall add such information and explanations as will give a true and fair view of those matters.

10. Fees

The fees to be paid in relation to any application form under these Regulations shall be P40.

FIRST SCHEDULE

Form 1A
Application for a licence to operate a copyright society

(reg. 2(1))

Form 1B
Licence issued for the operation of a copyright society

(reg. 2(2))

SECOND SCHEDULE

Form 2A
Investigating officer's identity card

(reg. 3)

Form 2B
Entry, search and seizure consent form

(reg. 4(1))

Form 2C
Certificate of seizure

(reg. 4(2))

THIRD SCHEDULE

Form 3A
Application for accreditation as a producer

(reg. 6(1))

Form 3B
Certificate of accreditation as a producer

(reg. 6(2))

Form 3C
Application for accreditation as an importer

(reg. 7(1))

Form 3D
Certificate of accreditation as an importer

(reg. 7(2))

FOURTH SCHEDULE

LEVIES

(reg. 8)

Goods	% of the levy on cost price
Audio Cassette	2%
Video Cassette	2%
Compact Disc (CD) (Unrecorded)	1%
Digital Versatile Disc (DVD) (Unrecorded)	1%
smartphones	2%
other cell phones	1%
Computer (Desktop)	1%
CD Writer	1%
Multi-function machine (printer/copier/fax/scanner)	2%
Facsimile	2%
Photocopier	2%
Printer	2%
Scanner	2%
Modulator	1%
IPod	1%
iPad	2%
MP3 Player	1%
MP4 Player	1%
Flash Disc	1%
Camcorder	2%
Digital camera	2%
Photographic camera	2%
Television camera	2%
Television	2%
Cinematographic camera	2%
Cinematographic projector	2%
Laptop	2%
Tablet	2%
Video recording or reproducing apparatus, whether or not incorporating a video tuner	2%
Sound recording or reproducing apparatus	2%
Memory card or Smart card	2%
External hard drive	2%
Television decoder or Set top box	2%
Drone	2%
CCTV camera	2%

(section 37)

(14th July, 2023)

ARRANGEMENT OF RULES

RULE

1. Citation

2. Interpretation

3. Application

4. Rules forming part of arbitration agreement

5. Documents written or printed

6. Service of documents

7. No service on weekends or holidays

8. Address

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