(a)
(b)
work of authors who are nationals of, or have their habitual residence in Botswana;
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 it, 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 the 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
Copyright Government of Botswana