IP/N/1/BWA/C/2  
 
29 July 2013  
(13-4054) Page: 1/21 
Council for Trade -Related Aspects  
of Intellectual Property Rights  
 Original: English/anglais/inglés  
 
 MAIN DEDICATED INTEL LECTUAL PROPERTY LAW S AND  
REGULATIONS NOTIFIED  UNDER ARTICLE 63.2  
OF THE AGREEMENT  
BOTSWANA  
This document reproduces the text1 of the Copyright and Neighbouring Rights (Amendment) Act, 
2005,  as notified by the Delegation of Botswana on 21 June 2013 under Article  63.2 of the 
Agreement (see  document IP/N/1/ BWA/2 ). 
 
Conseil des aspects des droits de propriété  
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONS ACRÉES À  
LA PROPRIÉTÉ INTELLE CTUELLE NOTIFIÉES AU  TITRE  
DE L'ARTICLE 63:2 DE  L'ACCORD  
BOTSWANA  
Le présent document contient le texte1 de la Loi de 2005 portant modification de la Loi sur le droit 
d'auteur et les droits voisins , 2005, notifiée par la délégation d u Botswana  le 21 juin 2013 au titre 
de l'arti cle 63:2 de l'Accord (voir le document  IP/N/1/ BWA/2 ). 
 
Consejo de los Aspectos de los Derechos de Propiedad  
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADO S A LA  
PROPIEDAD INTELECTUA L NOTIFICADOS EN VIR TUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO  
BOTSWANA  
En el presente documento se reproduce el texto1 de la Ley de derecho de autor y derechos 
conexos (modificada) de 2005, notificada por la delegación de Botswana el 21 de junio de 2013 en 
virtud de lo dispuesto en el párr afo 2 del artículo 63 del Acuerdo (véase el 
documento  IP/N/1/BWA/2).  
 
                                                
1 In English only./En anglais seulement./En inglés solamente.  IP/N/1/BWA/C/2  
 
- 2 - 
 
  PP 3-21- Offset (Pdf file attached)  
PP 3 à 21  - Offset (fichier Pdf joint)  
PP 3-21 - Offset (fichero Pdf adjunto)  
 
 
 
 CHAPTER 68:02 
COPYRIGHT AND NEIGHBOURING RIGHTS 
ARRANGEMENT OF SECTIONS 
 SECTION 
 
PART I 
Preliminary 
 1. Short title and commencement 
 2. Interpretation 
 
PART II 
Copyright 
 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 
 
PART III 
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 adaptati on 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 
 
PART IIIA 
Establishment of Copyright Office 
 22A. Establishment of Copyright Office 
 22B. Functions of the Copyright Office 
 
PART IV 
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 
 
PART V 
Enforcement of Rights 
 29. Conservatory measures to enforce rights 
 30. Civil remedies 
IP/N/1/BWA/C/2 
        - 3 - 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 
 
PART VI 
General Provisions 
 34. Application of Act to wo rks 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 ] 
PART I 
Preliminary  (ss 1-2) 
1. Short title and commencement 
 This Act may be cited as the Copyright and Neighbouring Rights Act, 2000. 
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; 
IP/N/1/BWA/C/2 
        - 4 - "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 pl ace 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 dev ice 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; 
IP/N/1/BWA/C/2 
        - 5 - "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 val ues 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 per son 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 
IP/N/1/BWA/C/2 
        - 6 -recording; 
 "public display"  means the showing of the original or a copy of the work- 
 (i) directly; 
 (ii) by means of a film, slide, te levision 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 t he 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". 
PART II 
Copyright  (ss 3-11) 
3. Works protected 
 (1) A literary and artistic work shall not be considered as a work protected by copyright 
under this Act unless it is an original intellectual creation in the literary or artistic domain. 
 (2) Literary and artistic works under this Act include- 
 (a) books, pamphlets, articles, computer programmes and other writings; 
 (b) speeches, lectures, addresses, sermons and other oral works; 
 (c) dramatic, dramatic-musical works, pantomimes, choreographic works and other works 
created for stage productions; 
IP/N/1/BWA/C/2 
        - 7 - (d) stage productions of works referred to in paragraph ( a) and of expressions of folklore; 
 (e) musical works with or without accompanying words; 
 (f) audiovisual works; 
 (g) works of architecture; 
 (h) works of drawing, painting, sculpture, engraving, lithography, tapestry and other works 
of fine art; 
 (i) photographic works; 
 (j) works of applied art; and 
 (k) illustrations, maps, plans, sketches and three-dimensional works relative to geography, 
topography, architecture or science. 
 (3) The Minister may, by Order, add to or otherwise vary the works included under 
subsection (2). 
4. Derivative works 
 (1) The following derivative works shall be protected as works- 
 (a) translations, adaptations, arrangements and other transformations or modifications of 
works; and 
 (b) collections of works, collections of mere data (data bases), whether in machine 
readable or other form, and collections of expression of folklore, provided that such 
collections are original by reason of the selection, co-ordination or arrangement of their 
contents. 
 (2) The protection of any work referred to in subsection (1) shall be without prejudice to 
any protection of a pre-existing work or expression of folklore incorporated in or utilized for the 
making of such a work. 
5. Provisions as to State and Government department. 
 (1) In the case of any work made by or under the direction or control of the State or a 
Government department- 
 (a) if apart from this section copyright would not subsist in the work, copyright shall subsist 
therein by virtue of this section; and 
 (b) in any case, the State, subject to the provisions of this Part, be entitled to the copyright 
in the work. 
 (2) The State shall, subject to the provisions of subsection (3), be entitled to the 
copyright in every work first published in Botswana, if first published by or under the direction or 
control of the State or a Government department. 
 (3) The preceding provisions of this section shall have effect subject to any agreement 
made by or on behalf of the State or a Government department with the author of the work, whereby it is agreed that the copyright in the work, shall vest in the author or in another person 
designated in the agreement in that behalf. 
 (4) In this section "Government department" means any department of the Government 
of Botswana. 
6. Protection to be for creation, and the kind of works not protected. 
 (1) A work shall be protected under the Act by the sole fact of its creation and 
irrespective of its mode or form of expression, as well as of its content, quality and purpose. 
 (2) Notwithstanding the provisions of sections 3, 4 and 5, no protection shall extend 
under this Act to- 
 (a) any idea, procedure, system, method of operation, concept, principle, discovery or 
mere data, even if expressed, described, explained, illustrated or embodied in a work; 
 (b) any official text of a legislative, administrative or legal nature, as well as any official 
translation thereof; 
 (c) a broadcast which infringes, or to the extent that it infringes, the copyright in another 
broadcast or in a cable programme; or 
 (d) a sound recording or film which is, or to the extent that it is, a copy of a previous sound 
IP/N/1/BWA/C/2 
        - 8 -recording or film. 
7. Economic rights. 
 (1) Subject to the provisions of sections 13 and 21, the author or other owner of 
copyright shall have the exclusive right to carry out or to authorize the following acts in relation 
to the work- 
 (a) reproduction of the work; 
 (b) translation of the work; 
 (c) adaptation, arrangement or other transformation of the work; 
 (d) the first public distribution of the original and each copy of the works by sale, rental or 
otherwise; 
 (e) rental or public lending of the original or a copy of an audiovisual work, a work 
embodied in a sound recording, a computer, a data base or a musical work in the form of notation, irrespective of the ownership of the original or copy concerned; 
 (f) importation of copies of the work, even where the imported copies were made with the 
authorization of the author or other owner of copyright; 
 (g) public display of the original or a copy of the work; 
 (h) public performance of the work; 
 (i) broadcasting of the work; 
 (j) other communication to the public of the work. 
 (2) The rights of rental and lending under paragraph ( e) do not apply to rental or lending 
of computer programmes where the program itself is not the essential object of the rental or lending. 
8. Moral rights 
 (1) The author of a work shall, independently of any economic rights he may be entitled 
to, and even where he is no longer the owner of the said rights, have the right to- 
 (a) have his name indicated prominently on t he copies and in connection with any public 
use of his work, as far as practicable; 
 (b) not have his name indicated on the copies and in connection with any public use of his 
work, and the right to use a pseudonym; 
 (c) object to any distortion, mutilation or other modification of, or other derogatory action in 
relation to his work which would be prejudicial to his honour or reputation. 
 (2) None of the rights mentioned in subsection (1) shall be transmissible during the life of 
the author, provided that the right to exercise any of those rights shall be transmissible by 
testamentary disposition or by operation of law following the death of the author. 
 (3) The author may waive any of the moral rights mentioned in subsection (1), provided 
that such a waiver is in writing and clearly specifies the right or rights waived and the 
circumstances in which the waiver applies and pr ovided further, that any waiver of the right 
under item (c ) of subsection (1) specifies the nature and extent of the modification or other 
action in respect of which the right is waived. 
 (4) Following the death of the author, the person or legal entity upon whom or which the 
moral rights have devolved shall have the right to waive the said rights. 
9. Original ownership of economic rights 
 (1) Subject to the other provisions of this Act, the original owner of economic rights is the 
author who has created the work. 
 (2) In respect of a work of joint authorship, the co-authors shall be the original owners of 
the economic rights, provided that where a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be 
the original owner of the economic rights in the part that he has created. 
 (3) In respect of a collective work, the person at the initiative and under the direction of 
whom or which the work has been created shall be the original owner of the economic rights. 
 (4) In respect of an audiovisual work, the original owner of the economic rights shall be 
IP/N/1/BWA/C/2 
        - 9 -the producer, unless provided otherwise in a contract. 
 (5) The co-authors of the audiovisual work and the authors of the pre-existing works 
included in or adapted for the making of the audiovisual work shall, however, maintain their 
economic rights in their contributions or pre-existing works, respectively, to the extent that those 
contributions or pre-existing works, can be subject of acts covered by the economic rights separately from the audiovisual work. 
10. Duration of copyright 
 (1) Subject to the other provisions of this section, the economic and moral rights shall be 
protected during the life of the author and for fifty years after his death. 
 (2) In the case of a work of joint authorship, the economic and moral rights shall be 
protected during the life of the last surviving author and for fifty years after his death. 
 (3) In the case of a collective work, other than a work of applied art, and in the case of 
an audiovisual work, the economic and moral rights s hall be protected for fifty years from the 
date on which the work was made, first made available to the public or first published, 
whichever date is the latest. 
 (4) In the case of a work published anonymously or under a pseudonym, the economic 
and moral rights shall be protected for fifty y ears from the date on which the work was made, 
first made available to the public or first published, whichever date is the latest, provided that 
where the author's identity is revealed or is no longer in doubt before the expiration of the said 
period, the provisions of subsection (1) or s ubsection (2) shall apply, as the case may be. 
 (5) In the case of a work of applied art, the economic and moral rights shall be protected 
for twenty-five years from the making of the work. 
 (6) Every period provided for under the preceding subsections shall run to the end of the 
calendar year in which it would otherwise expire. 
11. Presumption of authorship and representation of author 
 (1) The person whose name is indicated as the author on a work in the usual manner 
shall, in the absence of proof to the contrary, be presumed to be the author of the work. 
 (2) Where a pseudonym used leaves no doubt as to the identity of the author, 
subsection (1) shall be applicable to the pseudonym. 
 (3) In the case of an anonymous or pseudonymous work, the publisher whose name 
appears on the work shall, in the absence of proof to the contrary, be presumed to represent the 
author and in this capacity shall be entitled to exercise and enforce the moral and economic rights of the author: 
 Provided that such presumption shall cease to apply when the author reveals his 
identity. 
PART III 
Exceptions to Exclusive Right to Copyright  (ss 12-21) 
12. Exceptions to exclusive right to copyright 
 Notwithstanding the provisions of section 7, the following dealings with a work shall be 
permitted without the authorisation of the author or other owner of the copyright- 
 (i) private reproduction for personal purposes, subject to section 13; 
 (ii) quotations, subject to section 14; 
 (iii) reproduction for teaching, subject to section 15; 
 (iv) reprographic reproduction by libraries and archives, subject to section 16; 
 (v) reproduction and adaptation of computer programmes, subject to section 17; 
 (vi) reproduction, broadcasting and other communications to the public for informatory 
purposes, subject to section 18; 
 (vii) temporary reproduction, subject to section 19; 
 (viii) importation for personal purposes, subject to section 20; and 
 (ix) display of works, subject to section 21. 
13. Private reproduction for personal purposes 
IP/N/1/BWA/C/2 
        - 10 - (1) Subject to subsection (2), the private reproduction of a published work in a single 
copy shall be permitted without the authorization of the author or owner of copyright, where the 
reproduction is made by any person excl usively for his own personal purposes. 
 (2) The permission granted under subsection (1) shall not extend to reproduction- 
 (a) of a work of architecture in the form of building or other construction; 
 (b) in the form of reprography of the whole or a substantial part of a book or of a musical 
work in the form of notation; 
 (c) of the whole or a substantial part of a data base; 
 (d) of a computer, except as provided in section 17; and 
 (e) of any work in cases where reproduction would conflict with a normal exploitation of the 
work or would otherwise unreasonably prejudice the legitimate interests of the author or other owner of the copyright. 
14. Quotation 
 (1) The reproduction, in the form of quotation, of a short part of a published work shall be 
permitted without authorization of the author or other owner of copyright, provided that the reproduction is compatible with fair practice and does not exceed the extent justified by the purpose. 
 (2) Any quotation made in accordance with subsection (1) shall be accompanied by an 
indication of source and the name of the author, if his name appears in the work from which the 
quotation is taken. 
15. Reproduction for teaching 
 (1) The following acts effected for purposes of teaching shall be permitted without 
authorization of the author, or other owner of copyright- 
 (a) the reproduction of a short part of a published work for teaching purposes by way of 
illustration, in writings or sound or visual recordings, provided that reproduction is 
compatible with fair practice and does not exceed the extent justified; 
 (b) the reprographic reproduction, for face-to-face teaching in education institutions the 
activities of which do not serve direct or indirect commercial gain, of published articles, 
other short works or short extracts of works, to the extent justified by the purpose, provided that- 
  (i) the act of reproduction is an isolated one occurring, if repeated, on separate and 
unrelated occasions; and 
  (ii) there is no collective licence availabl e, offered by a collective administration 
organization of which the educational institution is or should be aware, under which such reproduction can be made. 
 (2) The source of the work reproduced and the name of the author shall be indicated as 
far as practicable on all copies made under subsection (1). 
16. Reprographic reproduction by libraries and archives 
 Any library or archive whose activities do not serve direct or indirect gain may, without 
the authorization of the author or other owner of copyright, make a single copy of the work by 
reprographic reproduction- 
 (a) where the work reproduced is a published article, other short work or short extract of a 
work, and where the purpose of the reproduction is to satisfy the request of a person, provided that- 
  (i) the library or archive is satisfied that the copy will be used solely for the purposes 
of study, scholarship or private research; 
  (ii) the act of reproduction is an isolated case occurring, if repeated, on separate and 
unrelated occasions; and 
  (iii) there is no collective licence availabl e, offered by a collective administration 
organization of which the library or archive is or should be aware, under which such copies can be made; or 
IP/N/1/BWA/C/2 
        - 11 - (b) where the copy is made in order to preserve and, if necessary replace a copy, or to 
replace a copy which has been lost, destroyed or rendered unusable in the permanent 
collection of another similar library or archiv e, provided that it is impossible to obtain 
such a copy under reasonable conditions, and provided further that the act of reprographic reproduction is an isolated case occurring, if repeated, on separate and unrelated occasions. 
17. Reproduction and adaptation of computer programmes 
 (1) The reproduction, in a single copy, or the adaptation of a computer by the lawful 
owner of a copy of that computer programme shall be permitted without the authorization of the 
author or other owner of copyright, provided that the copy or adaptation is necessary- 
 (a) for use of the computer programme with a computer for the purpose and extent for 
which the computer programme has been obtained; or 
 (b) for archival purposes and for the replacement of the lawfully owned copy of the 
computer in the event that the said copy of the computer is lost, destroyed or rendered unusable. 
 (2) No copy or adaptation of a computer programme shall be used for any purpose other 
than those specified in subsection (1), and any such copy or adaptation shall be destroyed in 
the event that continued possession of the copy of the computer ceases to be lawful. 
18. Reproduction broadcasting and other communication to the public 
 The following acts shall be permitted in respect of a work without the authorisation of the 
author or other owner of copyright, subject to the obligation to indicate the source and the name 
of the author as far as practicable- 
 (a) the reproduction in a newspaper or other periodical, the broadcasting or other 
communication to the public, of an article published in a newspaper or periodical on current economic, political or religious topics or a broadcast work of the same 
character, provided that this permission shall not apply where the right to authorise 
reproduction, broadcasting or other communication to the public is expressly reserved on the copies by the author or other owner of copyright, or in connection with broadcasting or other communication to the public of the work; 
 (b) the reproduction and the broadcasting or other communication to the public, for the 
purpose of reporting current events, of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose; or 
 (c) the reproduction in a newspaper or periodical, the broadcasting or other 
communication to the public of a political speech, a lecture, address, sermon or other work of a similar nature delivered in public, or a speech delivered during legal 
proceedings, to the extend justified for the purpose of providing current information. 
19. Temporary reproduction 
 The temporary reproduction of a work shall be permitted if all of the following conditions 
are met- 
 (a) the reproduction is made in the process of a transmission of the work or an act of 
making a stored work perceptible; 
 (b) it is caused by a person or entity that, by virtue of authorisation by the owner of the 
copyright or of operation of law, is entitled to make that transmission or make the work perceptible; and 
 (c) it is an accessory to the transmission or making perceptible that occurs during the 
normal operation of the equipment used and entails the automatic deletion of the copy without enabling the retrieval of the work for any other purpose than those referred to in 
paragraphs (a ) and (b ). 
20. Importation for personal purposes 
 The importation of a copy of a work by any person for his own personal purposes shall 
be permitted without the authorization of the author or other owner of copyright. 
IP/N/1/BWA/C/2 
        - 12 -21. Display of works 
 The public display of originals or copies of works shall be permitted without the 
authorization of the author, provided that the display is made other than by means of a film, 
slide, television image or otherwise on screen or by means of any other device or process, and 
provided further that the work has been published or the original or the copy displayed has been 
sold, given away or otherwise transferred to another person by the author or his successor in 
title. 
22. Assignment and licence of authors' rights 
 (1) Economic rights shall be assignable in whole or in part. 
 (2) Any assignment of an economic right, and any licence to do an act subject to 
authorization by the author or other owner of copyright, shall be in writing signed by the assignor 
and the assignee, or by the licensor and the licensee. 
 (3) An assignment in whole or in part of any economic right, or a licence to do an act 
subject to authorization by the author or other owner of copyright, shall not include or be 
deemed to include the assignment or licence of any other rights not explicitly referred to therein. 
PART IIIA 
Establishment of Copyright Office  (ss 22A-22B) 
22A. Establishment of Copyright Office 
 (1) There is hereby established an office to be known as the Copyright Office, which 
shall be situated in Gaborone and shall have branches in such other places as the Minister may, 
by Order published in the Gazette, designate. 
 (2) The Copyright Office shall be headed by the Copyright Administrator who shall be a 
public officer and who shall, subject to the direction of the Minister, be responsible for the administration of this Act, and who shall perform such functions and exercise such powers as 
may be conferred on him or her by this Act or any other enactment. 
 (3) The Copyright Office shall also have- 
 (a) A Deputy Copyright Administrator; and 
 (b) such other officers as may be necessary for the proper performance of its functions, 
and carrying out of its duties. 
 (4) The Copyright Administrator and other officers of the Copyright Office shall be 
appointed in accordance with the provisions of the Public Service Act. 
22B. Functions of the Copyright Office 
 The Copyright Office shall- 
 (a) be responsible for all matters affecting copyright in Botswana; 
 (b) supervise the activities of the Copyright Society as provided for under section 36A of 
the Act; 
 (c) advise Government and its agencies on all matters pertaining to copyright; 
 (d) monitor the position of Botswana in relation to international conventions, treaties or 
agreements relating to copyright, and advise Government thereon; 
 (e) advise Government on the negotiation, conc lusion and implementation of bilateral and 
multilateral agreements on copyright between Botswana and other countries; 
 (f) organise out-reach and awareness creation programmes to inform, educate and 
sensitise the public on matters relating to copyright; 
 (g) maintain an effective database on copyright matters and on authors and their works; 
 (h) maintain a register of works published in Botswana; 
 (i) issue a licence, prescribed by the Minister, for the operation of the Copyright Society; 
 (j) administer the fund established under section 35G (2); and 
 (k) be responsible for such matters related to copyright, as the Minister may, from time to 
time, direct for the better carryng out of the purposes and provisions of this Act. 
PART IV 
Protection of Neighbouring Rights  (ss 23-28) 
IP/N/1/BWA/C/2 
        - 13 -23. Neighbouring rights 
 In this Part "neighbouring rights" means the intellectual property rights provided for the 
protection of the legal interests of certain persons and legal entities who either contribute to 
making works available to the public or produce subject matter which, will not qualify as "works" 
under the general understanding of copyright, but who, nevertheless, express creativity or technical and organisational skill sufficient to justify recognition of their contribution as deserving of protection; and such rights include the rights of performers, producers of sound recordings and broadcasting. 
24. Acts requiring authorization of performers 
 (1) Subject to section 28, a performer shall have the exclusive right to carry out or to 
authorize any of the following acts- 
 (a) the broadcasting or other communication to the public of his performance, except 
where the broadcasting or the other communication- 
  (i) is made from fixation of the performance, other than fixation made under the terms 
of section 28; or 
  (ii) is a re-broadcasting made or authorized by the organization initially broadcasting 
the performance; 
 (b) the fixation of his unfixed performance; 
 (c) the reproduction of a fixation of his performance; 
 (d) the first making available to the public of a fixation of his performance, or copies 
thereof, through sale or other transfer or ownership; 
 (e) rental to the public or public lending of a fixation of his performance, or copies thereof 
irrespective of the ownership of the copy rented; or 
 (f) the making available to the public of his fixed performance, by wire or wireless means, 
in such way that members of the public may access them from a place or at a time 
individually chosen by them. 
 (2) Once the performer has authorized the incorporation of his performance in an 
audiovisual fixation, the provisions of subsection (1) shall have no further application. 
 (3) Independently of the performer's economic rights, and even after the transfer of those 
rights, the performer shall, as regards his live aural performances or performances fixed in phonograms, have the right to claim to be identified as the performer of his performances, 
except where omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to 
his reputation. 
 (4) Nothing in this section shall be construed to deprive performers of the right to agree 
by contracts on terms and conditions more favourabl e for them in respect of their performances. 
 (5) The provisions of subsections (2), (3) and (4) of section 8 apply mutatis mutandis to 
the rights granted under subsection (3) of this section. 
 (6) The rights under this section shall be protected until the end of the fiftieth calendar 
year following the year in which the performanc e was fixed in a phonogram, or in the absence of 
such fixation, from the end of the year in which the performance took place. 25. Acts requiring authorization of producers of sound recordings 
 (1) Subject to the provisions of section 28, a producer of a sound recording shall have 
the exclusive right to carry out or to authorize any of the following acts- 
 (a) direct or indirect reproduction of the sound recording; 
 (b) importation of copies of the sound recording, even where the imported copies were 
made with the authorization of the producer; 
 (c) adaptation or other transformation of the sound recording; 
 (d) rental or public lending of a copy of the sound recording, irrespective of the ownership 
of the copy rented or lent; 
 (e) the first making available to the public by sale or other transfer of ownership, of the 
IP/N/1/BWA/C/2 
        - 14 -original copies of the sound recording; 
 (f) the making available sound recordings, by wire or wireless means, to enable members 
of the public to access them from a place or at a time individually chosen by them. 
 (2) The rights under subsection (1) shall be protected from the publication of the sound 
recording until the end of the fiftieth calendar year following the year of publication or if the 
sound recording has not been published, from the fixation of the sound recording until the end of the fiftieth calendar year following the year of fixation. 
26. Equitable remuneration for use of sound recordings 
 (1) If a sound recording published for commercial purposes, or a reproduction of such 
sound recording, is used directly for broadcasting or other communication to the public, or is 
publicly performed, a single equitable remuneration for the performer or performers and the producer of the sound recording shall be paid by the user to the producer. 
 (2) Unless otherwise agreed between the performer or performers and the producer, half 
of the amount received by the producer under subsection (1) shall be paid by the producer to 
the performer or performers. 
 (3) The right to an equitable remuneration under this section shall subsist from the date 
of publication of the sound recording until the end of the fiftieth calendar year following the year 
of publication or, if the sound recording has been published, from the date of fixation of the sound recording until the end of the fiftieth calendar year following the year of fixation. 27. Acts requiring authorization of broadcasting organizations 
 (1) Subject to section 28, a broadcasting organization shall have the exclusive right to 
carry out or to authorize any of the following acts- 
 (a) the re-broadcasting of its broadcast; 
 (b) the communication to the public of its broadcast; 
 (c) the fixation of its broadcast; or 
 (d) the reproduction of a fixation of its broadcast. 
 (2) The rights under this section shall be protected from the moment when the 
broadcasting takes place until the end of the fiftieth calendar year following the year in which the broadcast takes place. 
28. Limitations on protection 
 Sections 24, 25, 26 and 27 shall not apply where the acts referred to in those sections 
are related to- 
 (a) the use by a person exclusively for his own personal purposes; 
 (b) using short excerpts for reporting current events to the extent justified for the purpose 
of providing current information; 
 (c) use solely for the purpose of face-to-face teaching activities or for scientific research; or 
 (d) cases where, under Part III, a work can be used without the authorization of the author 
or other owner of copyright. 
PART V 
Enforcement of Rights (ss 29-33A) 
29. Conservatory measures to enforce rights 
 (1) Subject to subsection (2) where a complaint of the contravention of the provisions of 
this Act is made and it is considered that a document, book or other object connected to any 
investigation in regard to the complaint, is being concealed within specified premises, a Police Officer or such other person as the Minister may, by Order, appoint and grant investigating powers, shall enter the premises to conduct a search and seize any item found within the 
premises. 
 (2) The Police Officer or the person appointed by the Minister under subsection (1) 
(hereinafter both referred to as "the investigating officer") shall not enter, conduct a search or seize any item in terms of subsection (1) unless he has obtained- 
 (a) the consent in writing of the owner of the premises or the person in charge of the 
IP/N/1/BWA/C/2 
        - 15 -premises; or 
 (b) a search warrant. 
 (3) The court shall grant the application for a search warrant if it appears, on information 
given on oath or affirmation, that there are reasonable grounds to suspect that- 
 (a) there are works that infringe the rights protected under the Act in the premises; 
 (b) there is in the premises equipment or other device specifically designed or adapted to 
circumvent any device or means intended to prevent or restrict reproduction of a work 
or to impair the quality of copies made (the latter device or means hereinafter referred to as "copy-protection or copy -management device or means") or 
 (c) a document, book or other object which may afford evidence of such contravention of 
the provisions of this Act is within those premises. 
 (4) Where a Chief or Senior Magistrate is satisfied from information given on oath or 
affirmation by the investigating officer, that urgent action is required to obtain evidence pertaining to the contravention of the provisions of this Act, which evidence is likely to be 
concealed or destroyed, the Magistrate may dispense with any procedural requirements and 
grant a search warrant to the investigating officer at such time and place and under such conditions as the urgency of the matter may require. 
 (5) A search warrant granted by the court shall- 
 (a) authorise the investigating officer mentioned in the warrant to enter the premises 
identified in the warrant to conduct searches, examinations, take extracts or copies, seize any item or to do any other thing that may assist with the investigation; 
 (b) be executed by day, unless the court authorises its execution by night; and 
 (c) be in force until it is executed, cancelled by the court or a period of one month from the 
date of its issue expires, whichever occurs first. 
 (6) The investigating officer executing a search warrant under this section shall, before 
such execution or upon demand by any person whose rights may be affected- 
 (a) present his identification card; and 
 (b) hand to such person a copy of the warrant. 
 (7) An investigating officer shall not seize any item found within the premises being 
searched in accordance with the provisions of this section unless he has handed the person 
from whose possession or charge the item is being seized, a receipt of the seizure in the 
prescribed form. 
 (8) A person from whose possession or charge a document, book or other object has 
been seized shall, as long as it is in the possession or charge of the investigating officer 
concerned, be allowed on request to make copies or to take extracts from it at any reasonable time at his own expense and under the supervision of that investigating officer or other 
authorised person in the service of the Office. 
 (9) A person shall not be entitled to refuse to answer any question or to produce any 
document, book or other object on the ground that such answer, document, book or other object 
would incriminate him. 
 (10) Subject to subsection (11) incriminating evidence, arising out of any answer, 
document, book or other object a person may present to an investigating officer in answer to an enquiry made by the investigating officer, shall not be admissible in any criminal trial against that person. 
 (11) Any person who- 
 (a) obstructs or hinders the investigating officer in the performance of his functions in 
terms of this section; or 
 (b) knowingly makes a false statement or gives a false answer to any enquiry, 
shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding P2,000 or to imprisonment for a term not exceeding 12 months, or to both. 
30. Civil remedies 
IP/N/1/BWA/C/2 
        - 16 - (1) The court shall, subject to any other Act of Parliament, and on such terms as it may 
deem reasonable, have the authority to- 
 (a) grant injunctions to prohibit the committing, or continued committal, of infringement of 
any right protected under this Act; 
 (b) order the impounding of copies of works or sound recordings suspected of being made 
or imported without the authorization of the owner of any right protected under this Act, 
where the making or importation of copies is subject to such authorization, as well as the impounding of the packaging of, the implements that could be used for the making of, and the documents, accounts or business papers referring to, such copies. 
 (c) order payment of any damages suffered in  consequence of the infringement, including 
any profits enjoyed by the infringing party, t hat are attributable to the infringement; and 
 (d) award exemplary damages where it finds t hat the infringement is prejudicial to the 
honour or reputation of the person whose rights were infringed. 
 (2) In addition to any civil remedy that may be ordered by the court against any person 
who has infringed any right protected under this Act, the court shall have the authority to order the destruction or other reasonable disposition of  infringing copies, where they exist, and their 
packaging outside the channels of commerce in such a manner as to avoid harm to the holder of the right, unless the owner of the right requests otherwise: 
 Provided that copies and their packaging which were acquired by a third party in good 
faith shall not be so destroyed. 
 (3) Where there is a danger that implements may be used to commit or continue to 
commit acts of infringement, the court shall, whenever and to the extent that it is reasonable, order their destruction or other reasonable disposition outside the channels of commerce in such a manner as to minimize the risks of further infringements. 
 (4) Any person who in contravention of the prov isions of subsections (2) and (3), fails to 
carry out the order of the court for the destruction or other reasonable disposition of the infringing copies or implements, shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding P10,000 or to imprisonment  for a term not exceeding five years or to 
both. 
31. Criminal sanctions 
 (1) Any person who contravenes the provisions of this Act so as to infringe a right 
protected under this Act for profit, shall be guilty of an offence and upon conviction shall be 
liable to a fine not exceeding P20,000 or to impr isonment for a term not exceeding ten years or 
to both. 
 (2) Any person convicted of a second or subsequent offence shall be fined a minimum of 
P30,000 or a maximum of P5,000,000 or be imprisoned for a term not exceeding ten years, or 
to both. 
32. Powers of Customs officials 
 Any goods imported into the country that are in contravention of the provisions of this 
Act, may be placed under an embargo, destroyed or otherwise disposed of as provided for 
under sections 119 and 120 of the Customs and Excise Duty Act. 33. Measures, remedies and sanctions against abuses in respect of technical means of 
protection and rights management information 
 (1) The following acts shall be considered unlawful and, in the application of the civil and 
criminal remedies under this Part, shall be assi milated to infringements of the rights protected 
under this Act- 
 (a) the manufacture or importation for sale or rental of any device or means specifically 
designed or adapted to circumvent any device or means intended to prevent or restrict reproduction of a work, sound recording or a broadcast, or to impair the quality of copies made (the latter device or means hereinafter referred to as "copy-protection or copy-management device or means"); or 
IP/N/1/BWA/C/2 
        - 17 - (b) the manufacture or importation for sale or  rental of any device or means that is 
susceptible to enable or assist the reception of an encrypted program, which is 
broadcast or otherwise communicated to the public, including by satellite, by those who 
are not entitled to receive the program; 
 (c) the removal or alteration of any electronic rights management information without 
authority; 
 (d) the distribution import for distribution, broadcasting, communication to the public or 
making available to the public, without authority, of works, performances, sound 
recording or broadcasts, knowing or having reason to know that electronic rights 
management information has been removed or altered without authority. 
 (2) In the application of civil and criminal re medies under this Part, any illicit device and 
means referred to in subsection (1) and any copy from which rights management information 
has been removed, or in which such information has been altered, shall be assimilated to infringing copies of works, and any illicit act referred to in subsection (1) shall be treated as an 
infringement of copyright or related rights to which the civil remedies and criminal sanctions 
provided for in this Part are applicable. 
 (3) In this section, "rights management in formation" means any information which 
identifies the author, the work, the producer of the sound recording, the broadcaster, the performer, the performance, or any owner of a right under this Act, any information about the 
terms and conditions of use of the work or the performance, and any numbers or codes that 
represent such information, when any of these items of a work or a fixed performance, appears 
in connection with the broadcasting, communication to the public or making available to the public of a work or a fixed performance. 33A. Copyright Arbitration Panel
 (1) Notwithstanding the other provisions of this Act, there 
shall be appointed, by the Minister, an arbitration panel which shall be known as the Copyright 
Arbitration Panel, for the settlement of disputes under this Act. 
 (2) The Panel shall be composed of not less than three but not more than five persons, 
one of whom shall be a person who is enrolled to practice as an attorney in the High Court of 
Botswana, and has been an attorney for not less than seven years, or a person who has held judicial office in Botswana. 
 (3) The person referred to under subsection (2) shall be the chairperson of the Panel. 
 (4) The other members of the Panel shall be persons who are knowledgeable in the field 
of copyright. 
 (5) No person shall be appointed as a member of the Panel, nor shall any person so 
appointed sit in any hearing or proceeding of the Panel where he or she, his or her spouse or business partner, or his or her employer or any person closely associated with him or her, has a 
pecuniary interest in any matter which comes before the Panel for determination. 
PART VI 
General Provisions (ss 34-39) 
34. Application of Act to works protected under Cap 68:01 
 (1) The provisions of this Act shall apply to works, performances, sound recordings and 
broadcasts protected under the Copyright Act (which is repealed under section 38 and is 
hereinafter referred to as "the repealed Act") before the commencement of this Act, provided that the term of protection had not expired under the repealed Act or under the legislation of the country of origin of such works, performances, sound recordings or broadcasts that are to be protected under an international treaty to which the Republic of Botswana is party. 
 (2) The provisions of this Act shall not affect contracts on works, performances, sound 
recordings and broadcasts concluded before the commencement of the Act. 
35. Scope of application 
 (1) The provisions of this Act concerning the protection of literary and artistic works shall 
apply to- 
IP/N/1/BWA/C/2 
        - 18 - (a) work of authors who are nationals of, or have their habitual residence in Botswana; 
 (b) works first published in Botswana, and works first published in another country and 
also published in Botswana within thirty days of their first publication, irrespective of the 
nationality or residence of their authors; 
 (c) audiovisual works, the producer of which has his headquarters or habitual residence in 
Botswana; 
 (d) works of architecture erected in Botswana and other artistic works incorporated in a 
building or other structure located in Botswana. 
 (2) The provisions of this Act shall also apply to works that are protected in Botswana by 
virtue of and in accordance with any international convention or other international agreement to 
which the country is party. 
 (3) The provisions of this Act on the protection of performers shall apply to- 
 (a) performers who are nationals of Botswana; 
 (b) performers who are not nationals of Botswana but whose performances- 
  (i) take place on the territory of Botswana; 
  (ii) are incorporated in sound recordings that are protected under this Act; or 
  (iii) have not been fixed in a sound recording but are included in broadcasts qualifying 
for protection under this Act. 
 (4) The provisions of this Act on the protection of sound recordings shall apply to- 
 (a) sound recordings the producers of which are nationals of Botswana; 
 (b) sound recordings first fixed in Botswana; and 
 (c) sound recordings first published in Botswana. 
 (5) The provisions of this Act on the protection of broadcasts shall apply to- 
 (a) broadcasts of broadcasting organizations the headquarters of which are situated in 
Botswana; and 
 (b) broadcasts transmitted from transmitters situated in Botswana. 
 (6) The provisions in this Act shall also apply to performers, producers of sound 
recordings and broadcasting organizations protected by virtue of and in accordance with any international convention or other international agreement to which Botswana is party. 35A. Security devices
 (1) Every sound and audiovisual recording made available to the 
public by sale, rental, lending or distribution in any other manner to the public for commercial purposes in Botswana shall have affixed, to i t, such security device as may be prescribed. 
 (2) The security device shall be issued by the Copyright Office, upon payment of the 
price, to a person who makes available to the public, or intends to make available to the public, a sound or audiovisual recording by any method specified in subsection (1). 
 (3) The security device shall be issued by t he Copyright Office upon proof, by the person 
referred to in this section, that he or she has been authorised by the owner of the copyright in the work to so sell, rent, lend or otherwise distribute the work. 
 (4) The security device shall be evidence that the work to which it is affixed is not a 
pirated work. 
 (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be 
liable, upon conviction, to a fine not exceeding P20,000 or to imprisonment for a term not 
exceeding two years, or to both. 
 (6) Any person who, without the permission of the Copyright Office- 
 (a) is in possession of, or reproduces, a security device; or 
 (b) is in possession of any machine, instrument or contrivance intended to be used to 
produce or reproduce a security device, 
shall be guilty of an offence and shall be liable upon conviction, to a fine not exceeding P50,000 or to imprisonment for a term not exceeding five years, or to both. 35B. Affixation of security device
 (1) The security device shall be affixed- 
 (a) in the case of a sound or audio visual recording produced or manufactured in 
IP/N/1/BWA/C/2 
        - 19 -Botswana, at the Copyright Office or such other place as the Copyright Office may, 
from time to time, designate by notice published in the Gazette; and 
 (b) in the case of a sound or audio visual recording which is imported, but is not imported 
exclusively for personal use, at the relev ant office of the Department of Customs and 
Excise before it is released for commercial use. 
 (2) The security device shall be affixed to every cassette, disc or other medium in which 
a sound recording or audio visual recording is embodied in such a manner as to make the device visible to prospective purchasers. 35C. Price of security device
 The price of a security device shall be as fixed from time to 
time by the Copyright Office after consultation with the Copyright Society. 35D. Accreditation of producers
 (1) Every person engaged in the reproduction of sound 
and audio visual recordings shall, for the purpose of affixing the security device, apply, in such form as may be prescribed, to the Copyright Office for accreditation as a producer. 
 (2) No person shall be accredited unless he or she- 
 (a) proves, to the satisfaction of the Copyright Office, that he or she has been authorised 
by the owner of the copyright in the work to reproduce the work referred to in subsection (1); and 
 (b) has paid the application fee prescribed. 
 (3) Upon being accredited, the applicant shall be issued with a certificate of 
accreditation, in such form as may be prescribed, by the Copyright Office, and such accreditation shall be renewed annually. 35E. Accreditation of importers
 (1) Any person who imports or intends to import, into 
Botswana, any sound or audiovisual recording for the purpose of sale, rental, lending or distribution in any other manner to the public for commercial purposes shall apply in such form as may be prescribed to the Copyright Office for accreditation as an importer authorised to use 
a security device in connection with such works. 
 (2) Upon being accredited, the applicant shall be issued with a certificate of 
accreditation, in such form as may be prescribed, by the Copyright Office. 
 (3) The Copyright Office shall issue a certificate of accreditation under this section only 
where the applicant produces valid authorisation from the owner of the copyright in the works permitting the importation of such works into Botswana. 
 (4) Any person who, without the accreditation of the Copyright Office, imports any work 
specified in subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a 
fine not exceeding P50,000 or to imprisonment for a term not exceeding five years, or to both. 
35F. Keeping of books and returns  Every accredited person shall keep such books and 
make such returns as may be required, and in the manner prescribed by the Minister. 
35G. Levy on technical devices  (1) There shall be imposed on all imported and locally 
manufactured blank sound and audio visual carriers, compact discs and equipment capable of 
being used to copy protected materials, a levy of such sum as may be prescribed by the Minister. 
 (2) The levy shall be collected by the Depar tment of Customs and Excise and shall be 
deposited in a fund to be established by the Minister of Finance and Development Planning for the development of authors and publishers of works. 
36. Application of International Treaties 
 The provisions of any international treaty in respect of copyright and related rights to 
which the Republic of Botswana is a party shall apply to matters dealt with under this Act. 
36A. Establishment of Copyright Society  (1) There shall be established, for the various 
categories of works protected under this Act, a collective administration body to be known as the Copyright Society of Botswana. 
 (2) The Copyright Society shall be a non-profit making company limited by guarantee, 
and shall be responsible for- 
IP/N/1/BWA/C/2 
        - 20 - 
Copyright Government of Botswana   (a) the negotiation and granting of licences in written agreement with the owners of 
copyright for: 
  (i) the adaptation of works, performances and sound recordings, 
  (ii) the insertion of works, performances or sound recordings in other scopes, 
  (iii) the use of works for publicity purposes; 
 (b) setting rates for royalties in accordance with acceptable international standards; and 
 (c) the collection and distribution of royalties to appropriate owners of copyright. 
 (3) The Copyright Society shall- 
 (a) represent the owners of the copyright in the various categories of works protected 
under this Act; and 
 (b) put in place rules and regulations, approved by the Copyright Office, which contain 
such provisions as are necessary to ensure the protection of the interests of its 
members. 
36B. Duties of Copyright Society  (1) The Copyright Society shall, as soon as reasonably 
practicable after the end of each financial year, submit, to the Copyright Office- 
 (a) a report of its operations and performance during the year in question; 
 (b) a copy of its audited financial statements in respect of that year; and 
 (c) a copy of such other reports as may be requested by the Copyright Office. 
 (2) The Copyright Society shall distribute royalties on an equitable basis, approved by 
the Copyright Office, to its members. 
37. Regulations 
 (1) The Minister may make regulations providing for any matter which under this Act is to 
be prescribed or for the better carrying out of the purposes and provisions of this Act. 
 (2) Without prejudice to the generality of the subsection (1), the Minister may make 
Regulations to- 
 (a) establish, constitute and provide the functions of a Copyright Council to administer the 
Act and to regulate the rights protected under the Act; 
 (b) provide for the setting up of a Copyright Society and such other body of persons 
necessary to promote the rights protected under the Act. 
38. Repeal of Cap 68:01 
 The Copyright Act is hereby repealed. 
39. Savings 
 (1) Nothing in this Act shall affect the operation of any rule relating to breaches of trust or 
confidence. 
 (2) Nothing in this Act shall affect the right of the State or of any person deriving title 
from the State to sell, use or otherwise deal with articles forfeited under the laws relating to 
customs or excise, including any article forfeited by virtue of this Act or the repealed Act. 
IP/N/1/BWA/C/2 
        - 21 -