(d)
(e)
(f)
(g)
(h)
stage productions of works referred to in paragraph (a) and of expressions of folklore;
musical works with or without accompanying words;
audiovisual works;
works of architecture;
works of drawing, painting, sculpture, engraving, lithography, tapestry and other works
of fine art;
(i)
photographic works;
(j)
works of applied art; and
(k) illustrations, maps, plans, sketches and three-dimensional works relative to geography,
topography, architecture or science.
(3) The Minister may, by Order, add to or otherwise vary the works included under
subsection (2).
4.
Derivative works
(1) The following derivative works shall be protected as works(a) translations, adaptations, arrangements and other transformations or modifications of
works; and
(b) collections of works, collections of mere data (data bases), whether in machine
readable or other form, and collections of expression of folklore, provided that such
collections are original by reason of the selection, co-ordination or arrangement of their
contents.
(2) The protection of any work referred to in subsection (1) shall be without prejudice to
any protection of a pre-existing work or expression of folklore incorporated in or utilized for the
making of such a work.
5.
Provisions as to State and Government department.
(1) In the case of any work made by or under the direction or control of the State or a
Government department(a) if apart from this section copyright would not subsist in the work, copyright shall subsist
therein by virtue of this section; and
(b) in any case, the State, subject to the provisions of this Part, be entitled to the copyright
in the work.
(2) The State shall, subject to the provisions of subsection (3), be entitled to the
copyright in every work first published in Botswana, if first published by or under the direction or
control of the State or a Government department.
(3) The preceding provisions of this section shall have effect subject to any agreement
made by or on behalf of the State or a Government department with the author of the work,
whereby it is agreed that the copyright in the work, shall vest in the author or in another person
designated in the agreement in that behalf.
(4) In this section "Government department" means any department of the Government
of Botswana.
6.
Protection to be for creation, and the kind of works not protected.
(1) A work shall be protected under the Act by the sole fact of its creation and
irrespective of its mode or form of expression, as well as of its content, quality and purpose.
(2) Notwithstanding the provisions of sections 3, 4 and 5, no protection shall extend
under this Act to(a) any idea, procedure, system, method of operation, concept, principle, discovery or
mere data, even if expressed, described, explained, illustrated or embodied in a work;
(b) any official text of a legislative, administrative or legal nature, as well as any official
translation thereof;
(c) a broadcast which infringes, or to the extent that it infringes, the copyright in another
broadcast or in a cable programme; or
(d) a sound recording or film which is, or to the extent that it is, a copy of a previous sound
Copyright Government of Botswana