Botswana To Enhance Copyright Protections

by Robert Lee, for LawAndTax-News.com, London

16 June 2005

It emerged on Wednesday that Botswana's Minister of Trade and Industry, Neo Moroka is expected to table the Copyright and Neighbouring Rights Amendment Bill of 2005 in the July session of Parliament to enhance protections for copyright owners.

The Copyright and Neighbouring Rights Amendment Bill, 2005 was published in the Government Gazette on June 10.

One of the amendments contained in the new legislation is the proposed establishment of a Copyright Office, that will among other things, advise government on all matters pertaining to copyright. A Copyright Administrator will head the Copyright Office and other officers of the copyright office shall be appointed in accordance with the provisions of the Public Service Act.

The Copyright Office will be responsible for all matters affecting copyright in Botswana and supervise the activities of the Copyright Society as provided for in the Act. It will also advise government and its agencies on all matters pertaining to copyright and monitor the position of Botswana in relation to international conventions, treaties or agreements relating to copyright.

In addition, it will advise on the conclusion of bilateral and multilateral agreements on copyright between Botswana and other countries. It will organise out-reach and awareness creation programmes to inform, educate and sensitise the public on matters relating to copyright as well as to maintain an effective database on copyright matters and on authors and their works.

Another proposed amendment will be the creation of an arbitration body, to be known as the Copyright Panel. This will comprise between three and five people - one of whom shall be an attorney in the High Court or someone who has held judicial office in Botswana.

Finally, the legislation proposes the establishment of the Copyright Society, for various categories of works protected under the Act. The Society, established as a collective administration body, will be a non-profit making company limited by guarantee, and will be responsible for the negotiation and granting of licences and for the collection and distribution of royalties to appropriate owners.

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