Top 4 Ways to Protect Your Copyright Creations
Written by Odirile Melissah Seboni
Edited by Tshegofatso M Seretse
What is Copyright infringement in Botswana?
Under the Companies and Intellectual Property Authority (CIPA), the Copyright and Neighbouring Rights Act gives authors and creators in Botswana exclusive control over their original works. This includes things like songs, articles, photos, and artwork.
Infringement happens when someone copies, distributes or displays your work without your authorization, either by using your song, writing or artwork to make money without your permission is a violation.
How your Work is Automatically Protected
You don’t need to register your work for protection in Botswana. The Act states that protection arises the moment a work is created, if it’s original and in the domain of literary or artistic works. “Original” means it is your independent creation and not a copy of someone else’s work.
Steps to Take When Your Work s Being Used Without Permission
Step 1: Gather Evidence
Start by collecting proof of the unauthorised use. Save screenshots, copies, or links showing how your work is being used. Also keep dated drafts, sketches or notes that show when you created your work.
Step 2: Send a Formal Notification
Write a clear notice (often called a cease-and-desist) to the person using your work without permission. Specify which work was used, how it was used, that you did not give permission, and request removal or compensation within a set period (e.g., 7–14 days). Keep records of all communications.
Step 3: Report to CIPA
If the unauthorised use continues, you can report the matter to CIPA. CIPA has enforcement powers under the Act. The Act allows the police or CIPA to seize infringing materials and impose criminal penalties for serious offences.
Step 4: Consider Legal Action
You may pursue:
- Criminal prosecution: If the infringement is commercial or repeated, the infringer may face fines up to P20,000 or imprisonment for up to 10 years.
- Civil action: Take the infringer to court for injunctions, damages, and destruction of infringing copies.
What You Can Claim
In a civil case you can ask for your actual losses, the infringer’s profits, and legal costs. The court may also award exemplary damages if your reputation was harmed.
Key Things to Remember
- Your work is protected from the moment you create it.
- You must act. This means you are responsible for monitoring your work and taking steps when it’s used without permission.
- Having dated records or draft versions can be vital in proving your claim.
- Early informal action (like a notice) may avoid going to court.
- Legal action can be lengthy and costly, consider the best route for your situation.
Conclusion
If you notice someone using your creative work in Botswana without your permission, take action early. Document the use, send a clear notice, and if necessary report the matter to CIPA or seek legal advice. Protecting your work is not just a matter of law, it’s safeguarding your creative value.
Next step: Keep a file of your creative works (with dates), monitor where they might appear, and check the CIPA website for further guidance.
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