Botswana, at the Copyright Office or such other place as the Copyright Office may,
from time to time, designate by notice published in the Gazette; and
(b) in the case of a sound or audio visual recording which is imported, but is not imported
exclusively for personal use, at the relevant office of the Department of Customs and
Excise before it is released for commercial use.
(2) The security device shall be affixed to every cassette, disc or other medium in which
a sound recording or audio visual recording is embodied in such a manner as to make the
device visible to prospective purchasers.
35C. Price of security device
The price of a security device shall be as fixed from time to
time by the Copyright Office after consultation with the Copyright Society.
35D. Accreditation of producers (1) Every person engaged in the reproduction of sound
and audio visual recordings shall, for the purpose of affixing the security device, apply, in such
form as may be prescribed, to the Copyright Office for accreditation as a producer.
(2) No person shall be accredited unless he or she(a) proves, to the satisfaction of the Copyright Office, that he or she has been authorised
by the owner of the copyright in the work to reproduce the work referred to in
subsection (1); and
(b) has paid the application fee prescribed.
(3) Upon being accredited, the applicant shall be issued with a certificate of
accreditation, in such form as may be prescribed, by the Copyright Office, and such
accreditation shall be renewed annually.
35E. Accreditation of importers (1) Any person who imports or intends to import, into
Botswana, any sound or audiovisual recording for the purpose of sale, rental, lending or
distribution in any other manner to the public for commercial purposes shall apply in such form
as may be prescribed to the Copyright Office for accreditation as an importer authorised to use
a security device in connection with such works.
(2) Upon being accredited, the applicant shall be issued with a certificate of
accreditation, in such form as may be prescribed, by the Copyright Office.
(3) The Copyright Office shall issue a certificate of accreditation under this section only
where the applicant produces valid authorisation from the owner of the copyright in the works
permitting the importation of such works into Botswana.
(4) Any person who, without the accreditation of the Copyright Office, imports any work
specified in subsection (1) 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.
35F. Keeping of books and returns
Every accredited person shall keep such books and
make such returns as may be required, and in the manner prescribed by the Minister.
35G. Levy on technical devices (1) There shall be imposed on all imported and locally
manufactured blank sound and audio visual carriers, compact discs and equipment capable of
being used to copy protected materials, a levy of such sum as may be prescribed by the
Minister.
(2) The levy shall be collected by the Department of Customs and Excise and shall be
deposited in a fund to be established by the Minister of Finance and Development Planning for
the development of authors and publishers of works.
36. Application of International Treaties
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.
36A. Establishment of Copyright Society (1) There shall be established, for the various
categories of works protected under this Act, a collective administration body to be known as
the Copyright Society of Botswana.
(2) The Copyright Society shall be a non-profit making company limited by guarantee,
and shall be responsible for-
Copyright Government of Botswana