original copies of the sound recording;
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
(f)
Copyright Government of Botswana