How to Stop People From Using Your Copyright in Botswana without your consent?
Written by: Karabo Samunzala
Edited by: Tshegofatso M Seretse (Nee Gareegope)
In this digital age we are in, where information is easily accessible and shareable to everyone, the importance of copyright protection cannot be stressed enough! If you are a creative, if your friend is a creative, whether you are writing songs, making TikTok videos or producing films, this is for you.
Copyright laws are here to protect creators like you, these are the laws you need to know about and understand fully. The world is evolving and people are starting to recognize the importance of the creative industry and how it contributes to a country’s economy. Therefore, lets do things the right way, lets walk this journey together and spread awareness about how creators like you and your friends can protect your work and work towards monetizing it.
Which law protects Copyright in Botswana?
The law in Botswana that protects copyright is called the Copyright and Neighbouring Rights Act. The Act can be found here. Copyright refers to the protection that is given only to the creators over their work. This protection is given to the person who made the creation, this may be a book, artist etc. See our previous article on how you can protect or show your copyright. As a creator you can also give someone else the right to use their work provided they have your permission and they cite you as the original creator. Some creators, even sell their creations as a way to generate income. This is also allowed in the Copyright Act of Botswana
According to international law copyright protection is automatic and the item created enjoys copyright status as soon as it is created. Therefore, because Botswana is a member of the international copyright convention called the Berne Convention which automatically grants such protection, this means that your copyright is protected internationally in all 181 member states/ countries that have signed the convention. For instance, once you finish writing that book, your work is automatically protected. However, as stated in our previous article you can increase your copyright protection by registering your copyright with the CIPA office, writing your name and date on the copywritten material etc. Read more.
What work is protected under the Copyright Law in Botswana?
Work that is protected under the Copyright Act in Botswana includes literary or artistic work such as;
- Literary works: Books, articles and other written materials.
- Musical works; compositions and arrangements.
- Cinematographic works: films and videos.
- Sound recordings: audio recordings of music or speeches.
- Neighbouring rights (these are extra protection given to people who help bring creative work to life, even if they didn’t create the original work): extends the protection to performers, producers and broadcasters.
Where does CosBots fit into all of this?
In an effort to help protect creations of Batswana and create an avenue for monetization, an organization called the Copyright Society of Botswana (COSBOTS was created. It’s main aim is to protect the rights of musicians, producers, creators like yourself. COSBOTS makes sure that musicians are fairly treated and paid when their work is used by others, either in TV or radio broadcasting and the likes. COSBOTS also manages licenses, collects royalties and educates the public about copyright law.
Why Should We Care About Copyright Law?
- Get paid for your work- copyright ensures that if someone wants to use your song or book they need to ask you first and you can charge them for it or say no if you don’t want them to use it.
- Protect your reputation and creative integrity- No one can change your song or book and say it’s theirs.
- Encourages creativity, when you know your work is protected and will not be stolen, you’re more likely to create awesome stuff, stuff that will enrich our culture and society.
Always Remember!
The work you create belongs to you and no one else can or should use it without your permission. The law is here for you and to help you protect your creations. You can monetise your work in various ways and there are various organizations to help you do so such as CIPA and COSBOTS. You are not alone, the law is with you.
So, the next time you are about to share a photo, those funny memes or a song, take a moment to think about the person who created it how they feel and how they wanted their work to be used. By respecting their rights, we’re helping to build a fair and thriving creative community in Botswana.
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Thank you for the information. Love Mom