Copyrights Law in Botswana
Here’s a detailed overview of copyright law in Botswana:
📘 Legal Framework
Copyright in Botswana is governed by the Copyright and Neighbouring Rights Act, 2006, which replaced earlier legislation to align with international standards.
The Companies and Intellectual Property Authority (CIPA) is responsible for copyright administration, including optional registration.
🧠 What Is Protected?
The law protects both original works and performances. This includes:
Literary works (books, articles, software)
Artistic works (paintings, drawings, sculptures, photographs)
Musical works (compositions and lyrics)
Dramatic and choreographic works
Cinematographic films
Sound recordings
Broadcasts
Performances by actors, musicians, etc.
📅 Duration of Copyright
| Type of Work | Duration of Protection |
|---|---|
| Literary, artistic, musical | Life of the author + 50 years |
| Anonymous or pseudonymous works | 50 years from publication |
| Cinematographic films | 50 years from publication |
| Sound recordings & broadcasts | 50 years from publication |
| Performers’ rights | 50 years from performance |
🌍 International Treaties
Botswana is a member of:
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
TRIPS Agreement (via WTO membership)
⚖️ Rights Granted
Economic rights (author can authorize or prohibit):
Reproduction
Distribution
Public performance
Broadcasting
Translation/adaptation
Moral rights (inalienable):
Right of attribution
Right to object to derogatory treatment of the work
📝 Registration
Copyright arises automatically upon creation of the work.
Registration is optional but recommended for proof of ownership and enforcement.
CIPA handles the copyright registration process.
⚖️ Enforcement
Infringement can be pursued through Botswana’s legal system:
Civil remedies: injunctions, damages, destruction of infringing copies
Criminal penalties: fines and/or imprisonment for willful infringement
Summary:
| Aspect | Details |
|---|---|
| Governing Law | Copyright and Neighbouring Rights Act, 2006 |
| Protected Works | Literary, musical, artistic, audiovisual, performances |
| Duration | Life + 50 years; 50 years from publication/performance |
| Registration | Optional; handled by CIPA |
| International Treaties | Berne, WCT, WPPT, TRIPS |
| Enforcement | Civil and criminal remedies |
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