WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
Council fol' Trade-Related Aspects oí 
Intellectual Property Rights IP/N!1!BW A/Cn 
13 February 2002 
(02-0736) 
Original: English/ 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BOTSWANA 
Tbe present document reproduces the ted of the Copyright and Neighbouring Rights Act, 
Act N° 8 of 2000, as notified by Botswana under Article 63.2 of the Agreement (see document 
IPINI1/BWA/l). 
Conseil des aspects des droÍts de propriété 
inteHectueUe quí touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES Á LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BOTSWANA 
Le présent document contient le texte1 de la Loi nO 8 sur le droit d'auteur et les droits voisins 
de 2000. notifiée par le Botswana au titre de J'article 63:2 de l'Accord (voir le document 
IP/NIl /BWA/1). 
Conse.jo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
BOTSWANA 
En el presente documento se reproduce el texto! de la Ley de derecho de autor y derechos 
conexos, Ley N° 8 de 2000, notificado por Botswana de conformidad con lo dispuesto en el párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/lIBW AIl). 
J In English only.lEn <ll1glais seulement./En inglés solamente. IPIN/l/BWA/CI1 
Page 2 
Republic of Botswana 
COPYRIGHT AND NEIGHBOURING 
RIGHTSACT 
ACT NO. 8 OF 2000 
Price: P2,OO 
Printed by the Government Printer, Gaborone IP/NllIBW A/C/1 
Page 3 
COPYRIGHT AND NEIGHBOURING RIGHTS ACT, 2000 
No. 8 
ARRANGEMENT OF SECTIONS 
PART 1 -Preliminar)' 
SECTION 
1. Short title and commencement 
2. Interpretatíon 
PART II -Copyright 
3. Works protected 
4. Derivative works 
5. Provisions as to State and Government department 
6. Protectíon to be for creation, and the kind of works not protected 
7. Economic rights 
8. Moral rights 
9. Original ownership of economic rights 
10. Duratíon of copyright 
11. Presumption of authorship and of representation of author 
P ART IIl-Exceptions fo 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 license of authors' rights 
PART IV -Protection ofNeighbouring 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 01 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 . of 2000 IP/NI1/BW A/CIl 
Page 4 
PART VI -GefJeral Provisions 
34. Applícation of Act to works protected under Cap 68:01 
35. Scope of application 
36. Application of Intematíonal Treaties 
37. Regulatíons 
38. Repeal of Cap 68:01 
39. Savings 
An Act to make provision for the regulation of copyright and to 
provide for matters connected to and incidental to the foregoing. 
Date 01 Assent: 15.05.2000. 
Date of Commeneement: On Notice. 
ENACTED by the Parliament of Botswana. 
PART I-Preliminary 
~Jrt title 1. This Act may be cited as the Copyright and Neighbouring Rights 
cornrnence- Act, 2000 and shall come into operation on such day as the Minister may 
rnent by order made by Statutory Instrument appoint. 
Interpretatíon 2. In this Act unless the context otherwise requires -
"adaptation" includes, in relatíon to a-
Ca) 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 originallanguage or in a different language, in a 
dramatic form; 
(e) literary work in a dramatic form, a version of the work, whether 
in its originallanguage or in a different Ianguage, 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 transcripti on of the work; 
"artistic wórk" mearis -
(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; 
(e) a workof artistic craftsmanship notfalling within paragraph (a) or 
(b) of this definitíon, irrespective of its artistic quality; 
"audiovisual work" means a work that consists of a series of related 
images which impart the impression of motíon, 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 -
in relaríon to a literary work, the author of the work; 
in relation to a musical work, the composer; 
work IP/NI1 /BW A/e/1 
Page 5 
(f) in the case of a broadcast, the person making the broadcast or, in 
case ofbroadcast 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 creatíon of the work are undertaken; 
"broadcasting" means the communication of a work, a perfom1ance 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 no! 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 individuaUy eh osen 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 Botswana or in 
any other country to which the relevant provisions of this act 
extends; 
"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" mean s a group-oriented and tradition-based 
creation of groups or persons reflectíng the expectation of the 
community as an adequate expression of its cultural and social 
identity, its standards and values as transmitted orally, by imitatíon 
or by other means including -
(i) folktales, folk poetry, and folk riddles; 
(ii) folk songs and instrumental folk music; 
(iü) folk dances and folk plays; 
(iv) productions of folk arts in particular, drawings, paintings, 
carvings, sculptures, pottery, tena-cotta, mosaic, woodwork, 
metal-ware, jewellery, handicrafts, costumes, and indigenous 
textiles; IPINIl/BWA/C/J 
Page 6 
"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 -
Ca) atable of compilatíon; and 
(h) a computer programme; 
"musical work" means a work consisting of musie, exclusive of any 
words or acüon intended to be sung, spoken or performed with the 
music; 
"neighbouring rights" means the rights neighbouring on copyright as 
provided for under sectÍon 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, 
deelaim, play in, or otherwise perform literary and artistic works or 
expressions of folklore; 
"performance" in reIarion to -
(a) the rights conferred under Part IV, ineludes-
(i) a dramatic performance which ineludes 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 Uve performance, given by one 
or more persons; and 
(h) a literary, dramatic or musical work ineludes-
(i) delivery in the case of lectures, addresses, speeches and 
sermons; and 
(ii) any mode of visual or acoustic presentatíon, 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; IP/N/lIBWA/C/l 
Page 7 
"public display" means the showing of the original or a copy of the 
work-
(i) directly 
(ii) by means of a film, sEde, 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 al the same place 
and time or at different pIaces 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 ofthe 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 recitatíon, 
playing, dancing, acting or otherwise performing the work, 
either directly or by means of any device or process; 
Oí) 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 pIaces where persons outside the normal circle of 
the family and its closest acquaintance are or can be present, 
irrespectiv~ 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 reIatíon to a work 01' a sound recording means copies of 
which have been made available to the public in a reasonable 
quantity for saje, 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; exc1uding 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 crearion with utilitarian functions 
or incorporated in a useful artide, 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". IP!N/lIBWAICI1 
Page 8 
PART n-Copyright 
Works protected 3. O) A literm)' and artístic work shall not be considered as a work 
protected by copyright under this Act unless it is an original intellectual 
creatíon in the literary or artistíc domain. 
(2) Literary and artistic works under this Act include -
(a) books, pamphlets, articles, computer programmes and other writings; 
(b) speeches, kctmes, addresses, sermons and other oral works; 
(e) dramatic, dramatic-musical works, pantomimes, choreographic 
works and other works created for stage productions; 
(d) stage productions of works refened to in paragraph (a) and of 
expressions of folklore; 
(e) musical works with or without accompanying words; 
(j) 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, sketch es 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. (1) The foHowing derivative works sha11 be protected as works­
(a) translations, adaptations, arrangements and other transformations 
or modifications of works; and 
(b) collections ofworks, collections ofmere data (data bases), 
whether in machine readable or other form, and collections of 
expression offolklore, provided that such colIections are original 
by reason of the selection, coordination or arrangement of their 
contents. 
(2) The protection of any work refened to in subsection O) 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. (1) In the case of any work made by or under the direction or 
control of the State or a Govemment 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 sha11, 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 
Governrnent department. 
(3) The preceding provisions of this section shal1 have effect subject to 
any agreement made by or on behalf of the State or a Govemment 
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 "Govemment department" means any department 
of the Government of Botswana. Derivative 
works 
Provisiol1s as 
to State and 
Government 
department. Protection to be 
for creation, 
and the kind 
ofworks not 
protected. 
Economic 
rights. 
Moral rights IP/N/l/BW A/e/1 
Page 9 
6. (1) A work shall be protected under the Act by the sole faet 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 ofoperation, concept, 
principle, discovery or mere data, even if expressed, described, 
explained, illustrated or embodied in a work; 
(h) any official text of a legislative, administrative or legal nature, as 
wel1 as any official translation thereof; 
(e) 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 recording or film. 
7. (1) Subject to the provisions of sections 13 and 21, the author 
or other owner of copyright shaU have the exclusive right to carry out or 
to authorize the following acts in relation to the work -
(a) reproduction of the work; 
(h) translation of the work; 
(e) adaptation, arrangement or other transformation ofthe 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 notarion, irrespective of the 
ownership of the original or copy con cerned; 
(j) 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 ofrental 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. (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 the copies and in 
connection with any public use of his work, as far as practicable; 
(h) not have hís name indícated on the copies and in connection with 
any public use of his work, and the right to use a pseudonym; 
(e) object to any distortíon, mutilaríon or other modification of, or 
other derogatory action in reIatíon to his work which would be 
prejudicial to his honour or reputation. IP/N/lIBWA/C/l 
Page ¡ o 
(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 provided further, that any waiver of the right under 
item (e) of subsection (1) specifies the nature and extent of the 
modification or other acríon in respect of which the right is waived. 
(4) Followíng 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. (1) Subject to the other provisions ofthis 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 par! that he has created. 
(3) In respect of a col]ective 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 ofthe 
economic rights sha11 be the producer, unless provided otherwise in a 
contracto 
(5) The co-authors of the audiovisual work and the authors of the 
pre-existing works ínc1uded in or adapted for the making of the 
audiovisual work shaH, 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. (1) Subject to the other provisions of this section, the economic 
and moral rights sha11 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 shalI be protected during the life of the las! surviving author and for 
fifty years after his death. 
(3) In the cáse of a collective work, other than a work of applied art, 
and in the case of an audiovisual work, the economic and moral rights 
shall 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 
years from the date on which the work was made, first made available to 
the public or firsr 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 
subsection (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 sha11 
run to the end of the calendar year in which ir would otherwise expire. Original 
ownership 
of economic 
rights 
Duration of 
copy right Presumption of 
authorship and 
representaríon 
ofauthor 
Exceptions to 
exclusive 
right to 
copyright 
Private 
reproduction 
for personal 
purposes IPIN/l/BWA/CIl 
Page 11 
11. (1) The person whose name is indicated as the author 00 a work in 
the usual manner shal1, 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) shalI 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 ofproof 
to the contrary, be presumed to represent the author and in this capacity 
shall be entitled to exerdse 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 nI -Exceptions to Exclusive Right to Copyright 
12. Notwithstanding the provisions of section 7, the following 
dealings with a work shall be permitted wíthout 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) Repro-graphic reproduction by librarÍes and archives, 
subject to section 16; 
(v) reproduction and adaptatíon 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 forpersonal purposes, subject to section 20; and 
(ix) display of works, subject to section 21. 
13. (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 01' owner of copyright, where the 
reproduction is made by any person exc1usively for his own personal 
purposes. 
(2) The pen11ission 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; 
(e) of the whole or a substantial part of a data base; 
(d) of a computer , except as provided in section 17; and 
Ce) of any work in cases where reproduction would conflict with a 
normal exploitation of the work 01' would otherwise unreasonably 
prejudice the legitimate interests of the author 01' other ówner of 
the copyright. IP/NI1/BW A/C!l 
Page 12 
14. (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, províded that the reproduction is compatible 
wíth faír practice and does not exceed the extent justified by the purpose. 
(2) Any quotation made in accordance with subsection (1) sha11 be 
accompanied by an indicatíon of source and the name ofthe author, ifhis 
name appears in the work from which the quotation is taken. 
15. (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 repro-graphic reproduction, for face-to-face teaching in 
educatíon institutions the activíties of which do not serve direct or 
indirect commercial gain, of published artic1es, other short works 
or short extracts of works, te 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 Ís no collective licenseavailable, offered by a collective 
administration organizatíon of which the educational 
instítution 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 a11 copies made under 
subsection (l). 
16. Any library or archive whose activities do no! serve direct or 
indirect gain may, without the authorization ofthe amhor or other owner 
of copyright, make a single copy of the work by repro-graphic 
reproduction -
(a) where the work reproduced is a published anide, other short work 
or short extrae! 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 license available, 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 
(b) where the copy is made in arder 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 archive, provided that it is impossible to obtain 
such a copy under reasonable conditíons, and provided further 
that the act of repro-graphic reproduction is an isolated case 
occurring, if repeated, on separate and unrelated occasions. Quotation 
Reproduction 
for ¡eaching 
Reprographic 
reproduction 
by libraries 
and archives Reproduction 
and adaptation 
of computer 
programmes 
Reproduction 
broadcasting 
and olher 
comm unication 
to the pu blíc TPINIl /BW A/ell 
Page 13 
17. (1) The reproduction, in a single copy, or the adaptation of a 
computer by the lawful owner of a copy of that computer programme 
shaU be permitted without the authorization of the author or other owner 
of copyright, provided that the copy or adaptatíon is necessary -
(a) for use of the computer programme with a computer forthe 
purpose and extent for which the computer programme has been 
obtained; or 
(b) for archival purposes and fer 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 subsectíon (1), and any such 
copy or adaptation shall be destroyed in the event that continued 
possession of the copy of the computer ceas es to be lawfuL 
18. 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 
broadcastíng or other communication to the public of the work; 
(b) the reproduction and the broadcasting or other communication to 
the public, fer 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 
(e) the reproduction in a newspaper or periodical, the braadcasting or 
other communication to the public of a polítical speech, a lecture, 
address, sermon ar 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. The temporary reproduction of a work shall be permitted if all of 
the following conditions are me! -
(a) the reproduction is made in the process of a transmission ofthe 
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 
(e) it is an accessory to the transmission or making perceptible that 
occurs during the normal operatíon of the equipment used and 
entails the automatic deletion of the copy without enabling the 
retrieval of the wark for any other purpose than those referred to 
in paragraphs (a) and (b). 
20. The importation of a copy of a work by any person for his own 
personal purposes shaIl be permitted without the authorization of the 
author or other owner of copyright. Temporary 
reproduction 
Importation 
for personal 
purposes IPINI1/BWA/CIl 
Page 14 
Neighbouring 
rights 
Acts requiring 
authorization 
oí' performers 21. The public display of originals or copies of w~rks shall be 
permitted without the authorization of t~e au~hor, pro':'l?ed. that the 
display is made other than by means of a fIlm, shde, ~elevlslon lmage or 
otherwise on screen or by means of any other devlce or process, and 
provided further that the work has been published or t~e original or the 
copy displayed has been sold, given away or.otl:erwlse transferred to 
another person by the author or his successor m ~ltle. . 
22. (1) Economic rights shall be assignable m whole or m parto 
(2) Any assignment of an economic right, and any license t~ do an act 
subject to authorization by the author or other 0,'Vner of copyng~t, shall 
be in writing signed by the assignor and the asslgnee, or by the hcensor 
and the licensee. 
(3) An assignment in whole or in part of any economic right, or a 
license to do an act subject to authorization by the author or other owner 
of copyright, shall not inelude or be deemed to inelude the.assignment or 
license of any other rights no! explicitly referred to therem. 
PART IV -Protection ofNeighbouring Rights 
23. In this Part "neighbouring rights" means the intel1ectual 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 inelude the rights of performers, producers of sound 
recordings and broadcasting. 
24. (1) Subject to section 28, a performer shal1 have the exclusive 
right to carry out or to authorize any of the following acts -
(a) the broadcasting or other communication to the public ofhis 
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 
CE) is a re-broadcasting made or authorized by the organization 
initially broadcasting the performance; 
(b) the fixation of his unfixed performance; 
(e) the reproduction of a fixation of his performance; 
(el) 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 
(j) the making available to the public ofhis fixed performance, by wire 
or wireJess means, in such way that members ofthe 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. Display of 
works 
Assignment 
and license 
of authors' 
rights IP/N/J /BWA/CI1 
Page 15 
(3) Independently ofthe performer's economic rights, and even after 
the transfer of those rights, the performer shaH, as regards his live aural 
performances or performance s fixed in phonograms, have the right to 
claim to be identified as the performer ofhis performance s , except where 
omission is dictated by the manner of the use of the performance, and to 
object to any distortion, mutilation or other modificaríon 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 
favourable for them in respect of theÍr 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 performance 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. (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 repl'oduction of the sound recording; 
(h) importatíon of copies of the sound recording, even where the 
imported copies were made with the authorization of the 
producer: 
(e) adaptation or other transfol'mation of the sound recording; 
(d) rental or public lending of a copy of the sound recordíng, 
irrespective of the ownership of the copy rented or lent; 
(e) the first making available to the publie by sale or orher transfer of 
ownership, of the original copies of the sound recording; 
(j) the making available sound reeordings, by wire or wireless 
means, to enable members of the public to access them from a 
place or at a time individual1y chosen by them. 
(2) The rights under subsection (1) shall be protected from the 
publicatíon of the sound recording until the end of the fiftieth calendar 
year following the year of publicatíon 01' 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. (1) If a sound recording published for commercial purposes, 
or a repl'oduction of such sound recording, is used directly for 
broadcasting or other communication to the public, 01' is publicly 
performed, a single equitable remuneratíon fol' the performer 01' 
performers and the producer of the sound l'ecording shall be paid by the 
user to the producer. 
(2) Unless otherwise agreed between the pelforrner or performers 
and the producer, half of the amount received by the producer under 
subsection (1) shall be paid by the producer to the perforrner or 
performers. 
(3) The right to an equitable remuneration under this section shalI 
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. Acts requiring 
authorizatíon 
of producers 
ofsound 
recordings. 
Equitable 
remuneration 
for use of 
sound 
recordings IP/N/J/BWA/C/J 
Page 16 
Acts requiring 
authorization 
of broadcasting 
organizations 
Limitations on 
protection 
Conservarory 
measures to 
enforce ríghts 27. (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; 
(e) 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. Sections 24, 25, 26 and27 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 infonnatíon; 
(e) use solely for the purpose offace-to-face teaching activities orfor 
scientific research; or 
(d) cases where, under Par! nI, a work can be used without the 
authorization of the author or other owner of copyright. 
PART V -Enloreement 01 Rights 
29. (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 investigatíon in 
regard to the complaint, is being concealed within specified premises, a 
Police Officer or such other person as the Minister may, by Order, 
appaint and grant investigating powers, shall enter the premises to 
conduet a search and seize any ítem found within the premises. 
(2) The Police Officer or the person appointed by the Minister under 
subsection (1) (hereinafter bath referred to as "the investigating offieer") 
shall not enter, canduct a search or seize any item in tenns af subsection 
(1) unless he has obtained -
(a) the cansent in writing of the owner of the premises or the person 
in charge of the premises; or 
(b) a search warrant. 
(3) The court shall grant the application for a seareh warrant if ir 
appears, on infonnation 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; 
(h) there is in the premises equipment ar other devíce specifically 
designed or adapted to circumvent any deviee or means intended 
ta prevent or restríet repraduction of a work or to impair the 
quality of copies made (the latter deviee or means hereinafter 
referred to as "copy-protection or copy-management device or 
means') ar 
(e) a document, book or other abject which may afford evidence of 
such contraventian of the provisíons of this Act is within thase 
premises. IPlNllIBWA/CIl 
Page 17 
(4) Where a Chief or Senior Magistrate is satisfied from informatíon 
given on oath or affirmation by the investigating officer, that urgent 
action 1S required to obtain evidence pertaining to the contravention of 
the pmvisions 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 investigatíng 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 10 do any 
other thing that may assist with the investigation; 
(h) be executed by day, unless the court authorises its execution by 
night; and 
(e) be in force until it 1S executed, cancelled by the court or a perÍod 
of one month from the date of its issue expires, whichever occurs frrst 
(6) The investigating officer executing a search warrant under this 
section shall, before such execution or upon demand by any person 
whose ríghts may be affected -
(a) present his identification card; and 
(b) hand to such person a copy of the warrant. 
(7) An investigating officer shall no! seize any ítem found within the 
p1'emises being searched in accordance with the provisions of this section 
unless he has handed the person fmm whose possession 01' charge the 
item is being seized, a receipt of the seizure in the p1'escribed formo 
(8) A person from whose possession or charge a document, book or 
other object has been seized shall, as long as ir is in the possessíon or 
charge of the investigating officer concemed, be allowed on 1'equest to 
make copies or to take extracts f1'om it at any 1'easonable time at his own 
expense and under the supervision of that investigating officer or other 
authonsed person in the service of the Offiee. 
(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 01' 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, shaU not be admissible in any criminal trÍal against that persono 
(11) Any pe1'son who -
(a) obstructs or hinders the investigating officer in the performance 
of his functions in terms of ihis section; or 
(h) knowingly makes a false statement or gives a false answer to any 
enquuy; 
shall be gui1ty of an offence and shall be Hable, upon conviction, to a fine 
not exceedíng Pula 2 000 or to imprisonment for a term not exceeding 12 
months, 01' to both. IPINIl/BWA/C/l 
Page 18 
Civil remedies 
Criminal 
sanctíons 30. (1) The court shall, subject to any other Act ofParliament, 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; 
(h) 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 importatíon of copies Ís sub ject 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. 
(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 infringíng 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 ínfringements. 
(4) Any person who in contravention of the provisions of 
subsections (2) and (3), fails to carry out the order of the court for the 
destruction 01' other reasonable dispositíon of the ínfringing copies or 
implements, shall be guilty of an offence and upon conviction shall be 
Hable to a fine not exceeding P 10,000 or to imprisonment for a term not 
exceeding five years or tú both. 
31. (1) Any person who contravenes the provisions ofthis 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,OOO or to imprisonment for a term not exceeding ten years or ro both. 
(2) Any person convicted of a second or subsequent offence shall be 
fined a mínimum of P30,OOO or a maximum of P5,OOO,OOO or be 
imprisoned for a term not exceeding ten years, or to both. 
32. 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 115 and 116 of 
the Customs and Excise Duty Act. Powers of 
Custom 
officials 
Cap 51:01. Application 
of Act to 
works 
protected 
under Cap 
68:01 " IPINIlIBW A/en 
Page 19 
33. (1) The following acts shall be considered unlawful and, in the 
application of the civil and criminal remedies under this Part, shall be 
assimilated to infringements of the rights protected under this Act -
(a) the manufacture or importation for sale or rental of any device or 
means specificaIly designed or adapted to circumvent any device 
or means intended to prevent or restríct reproduction of a work, 
sound recording or a broadcast, or to impair the quality of copies 
made (the latler device or means hereinafter referred to as "copy­
protection or copy-management device 01' means'); or 
(b) the manufacture or importation for sale 01' rental of any device or 
means that is susceptible to enable or assist tile reception of an 
encrypted program, which is broadcast orotherwise communicated 
to the public, including by satellite, by those who are not 
entitled to receive tile program; 
(e) the removal or alteratíon 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 informaríon has been removed or altered 
without authority. 
(2) In the applieation of civil and criminal remedies under this Pari, 
any illicit device and means referred to in subseetion (1) and any copy 
from which rights management information has been removed, or in 
which sueh information has been altered, shall be assimilated to 
infringing copies of works, and any illieit aet referred lO in subsection (1) 
shaU be treated as an infringement of copyright or related rights to which 
the civil remedies and criminal sanctions provided for in this Part are 
applieable. 
(3) In this section, "rights management infonnation" means any 
inforrnation which identifies the author, the work, the producer of the 
sound recording, the broadcaster, the performer, the perfom1ance, or any 
owner of a right under thi5 Act, any infom1ation about the terms and 
conditions of use of the work or the performance, and any numbers or 
codes that represent such informatíon, when any of these items of a work 
or a fixed performance, appears in connexion with the broadcasting, 
communication to the publie or making available to the public of a work 
or a fixed performance. 
PART VI -General Provisions 
34. (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 proteetion had no! expired under the repealed 
Act or under the legislation of the country of origin of such works, 
performances, sound reeordings or broadcasts that are to be proteeted 
under an intemational treaty,to which the Republie of Botswana is party. 
(2) The provisions of this Act shall not affeet contracts on works, 
performances, sound reeordings and broadcasts conduded before the 
commencement of the Act. Measures, 
remedies and 
sanctions 
against abuses 
in respect of 
technical 
means of 
protection 
and rights 
management 
infonnation TP/NIl/B\VA/C/l 
Page 20 
Scope of 
application 35. (1) The provisions of this Act concerning the protection of 
literary and artistic works shaU apply to -
(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; 
(e) 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 conventíon 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; 
(h) performers who are not nationals of Botswana but whose 
performance s -
(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. 
e 4) The provisions of this Act on the protectíon of sound recordings 
shall apply to -
(a) sound recordings the producers of which are nationals of 
Botswana; 
(h) sound recordings first fixed in Botswana; and 
(e) sound recordings first published in Botswana. 
(5) The provisions of this Act on the protection of broadcasts shall 
app]y 10-
(a) broadcasts of broadcasting organizations the headquarters of 
which are sÍtuated in Botswana; and 
(h) 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. 
36. 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. 
37. (1) The Minister may make regulations providing for any marter 
which under this Act is to be prescríbed 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 pplication of 
IntemationaI 
Treaties 
ReguJations TPINí1!BWA/C/l 
Page 21 
(a) establish, eonstitute and provide the funetions of a Copyright 
Council to administer the Aet and to regulate the rights proteeted 
under the Aet; 
(b) provide for the setting up of a Copyright Soeiety and sueh other 
body of persons neeessary to promote the rights proteeted under 
the Act. 
38. The Copyright Act, is hereby repealed. Repeal of 
Cap. 68:01 
39. (1) Nothing in this Act shall affeet the operation of any rule Savings 
relating to breaches of trust or confidence. 
(2) Nothing in this Act shall affee! the right of the State or of any 
person deriving title from the State to seU, use or otherwise de al with 
artieles forfeited under the laws relating to customs or exeise, inc1uding 
any artic1e forfeited by virtue of this Act or the repealed Act. 
PASSED by the National Assembly this 6th day of April, 2000. 
s.s. MODIMAKW ANE, 
Acting Clerk ofthe National 
Assembly. 