recording;
"public display" means the showing of the original or a copy of the work(i) directly;
(ii) by means of a film, slide, television image or otherwise on screen;
(iii) by means of any other device or process; or,
(iv) in the case of an audiovisual work, the showing of individual images non-sequentially,
at a place or places where persons outside the normal circle of a family and its closest
social acquaintance are or can be present, irrespective of whether they are or can be
present at the same place and time or at different places and times or at different places
or times, and where the work can be displayed without communication to the public;
"public lending" means the transfer of the possession of the original or a copy of a
work or a sound recording for a limited period of time for non-profit making purposes, by an
institution, the services of which are available to the public, such as a public library or archive;
"public performance" means in the case of(i) a work other than an audiovisual work, the recitation, playing, dancing, acting or
otherwise performing the work, either directly or by means of any device or process;
(ii) of an audiovisual work, the showing of images in sequence and the making of
accompanying sounds audible; and
(iii) a sound recording, making the recording sounds audible,
at a place or at places where persons outside the normal circle of the family and its
closest acquaintance are or can be present, irrespective of whether they are or can be
present at the same place and time, or at different places and times, or different places or
times, and where the performance can be perceived without the need for communication
to the public;
"published" in relation to a work or a sound recording means copies of which have
been made available to the public in a reasonable quantity for sale, rental, public lending or for
other transfer of the ownership or the possession of the copies;
"rental" means the transfer of the possession of the original or a copy of a work or
sound recording for a limited period of time for profit-making purposes;
"reproduction" means the making of one or more copies of a work or sound recording
in any material form, including any permanent or temporary storage of the work or sound
recording in electronic form;
"sound recording" means any exclusively aural fixation of the sounds of a performance
or of other sounds, regardless of the method by which the sounds are fixed or the medium in
which the sounds are embodied; excluding a fixation of sounds and images, such as the sound
track of an audiovisual work;
"work" means any literary or artistic work as provided for under sections 3 and 4(1);
"work of applied art" means an artistic creation with utilitarian functions or incorporated
in a useful article, whether made by hand or produced on an industrial scale;
"work of joint authorship" means a work to the creation of which two or more authors
have contributed, provided the work does not qualify as a "collective work".
PART II
Copyright (ss 3-11)
3.
Works protected
(1) A literary and artistic work shall not be considered as a work protected by copyright
under this Act unless it is an original intellectual creation in the literary or artistic domain.
(2) Literary and artistic works under this Act include(a) books, pamphlets, articles, computer programmes and other writings;
(b) speeches, lectures, addresses, sermons and other oral works;
(c) dramatic, dramatic-musical works, pantomimes, choreographic works and other works
created for stage productions;
Copyright Government of Botswana