recording or film.
Economic rights.
(1) Subject to the provisions of sections 13 and 21, the author or other owner of
copyright shall have the exclusive right to carry out or to authorize the following acts in relation
to the work(a) reproduction of the work;
(b) translation of the work;
(c) adaptation, arrangement or other transformation of the work;
(d) the first public distribution of the original and each copy of the works by sale, rental or
otherwise;
(e) rental or public lending of the original or a copy of an audiovisual work, a work
embodied in a sound recording, a computer, a data base or a musical work in the form
of notation, irrespective of the ownership of the original or copy concerned;
(f)
importation of copies of the work, even where the imported copies were made with the
authorization of the author or other owner of copyright;
(g) public display of the original or a copy of the work;
(h) public performance of the work;
(i)
broadcasting of the work;
(j)
other communication to the public of the work.
(2) The rights of rental and lending under paragraph (e) do not apply to rental or lending
of computer programmes where the program itself is not the essential object of the rental or
lending.
8.
Moral rights
(1) The author of a work shall, independently of any economic rights he may be entitled
to, and even where he is no longer the owner of the said rights, have the right to(a) have his name indicated prominently on the copies and in connection with any public
use of his work, as far as practicable;
(b) not have his name indicated on the copies and in connection with any public use of his
work, and the right to use a pseudonym;
(c) object to any distortion, mutilation or other modification of, or other derogatory action in
relation to his work which would be prejudicial to his honour or reputation.
(2) None of the rights mentioned in subsection (1) shall be transmissible during the life of
the author, provided that the right to exercise any of those rights shall be transmissible by
testamentary disposition or by operation of law following the death of the author.
(3) The author may waive any of the moral rights mentioned in subsection (1), provided
that such a waiver is in writing and clearly specifies the right or rights waived and the
circumstances in which the waiver applies and provided further, that any waiver of the right
under item (c) of subsection (1) specifies the nature and extent of the modification or other
action in respect of which the right is waived.
(4) Following the death of the author, the person or legal entity upon whom or which the
moral rights have devolved shall have the right to waive the said rights.
9.
Original ownership of economic rights
(1) Subject to the other provisions of this Act, the original owner of economic rights is the
author who has created the work.
(2) In respect of a work of joint authorship, the co-authors shall be the original owners of
the economic rights, provided that where a work of joint authorship consists of parts that can be
used separately and the author of each part can be identified, the author of each part shall be
the original owner of the economic rights in the part that he has created.
(3) In respect of a collective work, the person at the initiative and under the direction of
whom or which the work has been created shall be the original owner of the economic rights.
(4) In respect of an audiovisual work, the original owner of the economic rights shall be
7.
Copyright Government of Botswana