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 favourable 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 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. 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
Copyright Government of Botswana