the producer, unless provided otherwise in a contract.
(5) The co-authors of the audiovisual work and the authors of the pre-existing works
included in or adapted for the making of the audiovisual work shall, however, maintain their
economic rights in their contributions or pre-existing works, respectively, to the extent that those
contributions or pre-existing works, can be subject of acts covered by the economic rights
separately from the audiovisual work.
10. Duration of copyright
(1) Subject to the other provisions of this section, the economic and moral rights shall be
protected during the life of the author and for fifty years after his death.
(2) In the case of a work of joint authorship, the economic and moral rights shall be
protected during the life of the last surviving author and for fifty years after his death.
(3) In the case of a collective work, other than a work of applied art, and in the case of
an audiovisual work, the economic and moral rights shall be protected for fifty years from the
date on which the work was made, first made available to the public or first published,
whichever date is the latest.
(4) In the case of a work published anonymously or under a pseudonym, the economic
and moral rights shall be protected for fifty years from the date on which the work was made,
first made available to the public or first published, whichever date is the latest, provided that
where the author's identity is revealed or is no longer in doubt before the expiration of the said
period, the provisions of subsection (1) or subsection (2) shall apply, as the case may be.
(5) In the case of a work of applied art, the economic and moral rights shall be protected
for twenty-five years from the making of the work.
(6) Every period provided for under the preceding subsections shall run to the end of the
calendar year in which it would otherwise expire.
11. Presumption of authorship and representation of author
(1) The person whose name is indicated as the author on a work in the usual manner
shall, in the absence of proof to the contrary, be presumed to be the author of the work.
(2) Where a pseudonym used leaves no doubt as to the identity of the author,
subsection (1) shall be applicable to the pseudonym.
(3) In the case of an anonymous or pseudonymous work, the publisher whose name
appears on the work shall, in the absence of proof to the contrary, be presumed to represent the
author and in this capacity shall be entitled to exercise and enforce the moral and economic
rights of the author:
Provided that such presumption shall cease to apply when the author reveals his
identity.
PART III
Exceptions to Exclusive Right to Copyright (ss 12-21)
12. Exceptions to exclusive right to copyright
Notwithstanding the provisions of section 7, the following dealings with a work shall be
permitted without the authorisation of the author or other owner of the copyright(i) private reproduction for personal purposes, subject to section 13;
(ii) quotations, subject to section 14;
(iii) reproduction for teaching, subject to section 15;
(iv) reprographic reproduction by libraries and archives, subject to section 16;
(v) reproduction and adaptation of computer programmes, subject to section 17;
(vi) reproduction, broadcasting and other communications to the public for informatory
purposes, subject to section 18;
(vii) temporary reproduction, subject to section 19;
(viii) importation for personal purposes, subject to section 20; and
(ix) display of works, subject to section 21.
13. Private reproduction for personal purposes
Copyright Government of Botswana