"distribution" means the distribution to the public, for commercial purposes, of copies
of a work by way of rental, lease, hire, loan or similar arrangement, and "distributing" shall
have a corresponding meaning;
"economic rights" means the rights derived as a consequence to the right to a
copyright, the extent of which is provided for under section 7;
"expression of folklore" means a group-oriented and tradition-based creation of
groups or persons reflecting the expectation of the community as an adequate expression of its
cultural and social identity, its standards and values as transmitted orally, by imitation or by
other means including(i) folktales, folk poetry, and folk riddles;
(ii) folk songs and instrumental folk music;
(iii) folk dances and folk plays;
(iv) productions of folk arts in particular, drawings, paintings, carvings, sculptures, pottery,
terra-cotta, mosaic, woodwork, metal-ware, jewellery, handicrafts, costumes, and
indigenous textiles;
"fixation" means the embodiment of sounds, or of the representations thereof, from
which they can be perceived, reproduced or communicated through device;
"literary work" means any work, other than a dramatic or musical work, which is
written, spoken or sung, and accordingly includes(a) a table of compilation; and
(b) a computer programme;
"musical work" means a work consisting of music, exclusive of any words or action
intended to be sung, spoken or performed with the music;
"neighbouring rights" means the rights neighbouring on copyright as provided for
under section 23;
"owner of copyrights" means(i) where the economic rights are vested in the author, the author;
(ii) where the economic rights are originally vested in a person other than the author, that
person;
(iii) where the ownership of the economic rights has been transferred to another person,
that person;
"performer" means a singer, musician or other person who sing, deliver, declaim, play
in, or otherwise perform literary and artistic works or expressions of folklore;
"performance" in relation to(a) the rights conferred under Part IV, includes(i)
a dramatic performance which includes dance and mime;
(ii)
a musical performance;
(iii)
a reading or recitation of a literary work;
(iv)
a performance of a variety act or any similar presentation; that is, or to the extent
that it is, a live performance, given by one or more persons; and
(b) a literary, dramatic or musical work includes(i)
delivery in the case of lectures, addresses, speeches and sermons; and
(ii)
any mode of visual or acoustic presentation, including presentation by means of
sound recording, film, broadcast or cable programme of the work;
"photographic work" means the recording of light or other radiation on any medium on
which an image is produced or from which an image may be produced, irrespective of the
technique, chemical, electronic or other, by which such recording is made; a still picture
extracted from an audiovisual work shall not be considered a "photographic work" but a part of
the audiovisual work concerned;
"producer" of an audiovisual work or a sound recording, means the person who
undertakes the initiative and responsibility for the making of the audiovisual work or sound
Copyright Government of Botswana