FAQs
What is Copyright?
Copyright is an exclusive right granted to the authors or creators of” original works”, which works include literary, music, artistic, cinematograph and sound recordings, both published and unpublished. Copyright does not protect ideas. It only protects the specific and original expression on the idea.
When does Copyright begin?
Copyright protection is automatic. The act of creating and fixing the work also creates the copyright. There is no requirement to register for copyright. For example, copyright in musical work and/or sound recording begins automatically once a piece of music is created and recorded (e.g. on video, tape or CD or by simply writing down the notation of a score).
How long does copyright last?
Copyright in musical work holds for the lifetime of the author and fifty years after the death of the author, while copyright in sound recording holds for fifty years after the end of the year in which the recording was first published.
What does Copyright afford the owner?
Copyright is an exclusive right and gives it’s a creator or owner of a work a “basket of rights”, which includes, the sole right to produce the copyrighted work in a material form, to publish the work, to perform the work in public, to make any cinematograph film or a record in respect of the work, to broadcast or communicate the work to the public by loudspeaker or other similar device, to issue sell or rent copies of the public, etc.
What is COSBOTS?
COSBOTS means Copyright Society of Botswana. It is a company limited by guarantee and incorporated under the laws of Botswana as a not-for-profit company. It was established as the sole Collective Management Organization (CMO) that represents all various categories of works protected under the Copyright and Neighboring Rights Act CAP 68:02. So far COSBOTS started with music and is still in process of finalizing the non-music works rules and regulations which are approved by the regulator, Companies and Intellectual Property Authority (CIPA)
Why do I need a COSBOTS licence?
Intellectual property such as Music like your land, car, mobile phone, etc. is property. It is regarded as Intellectual Property under the law. Just like you will need the permission or authorization of the owner of a property to use his/her property, you are equally required by law to seek the permission or authorization of the owner of the music before you can use his/her in a public or commercial environment. When music is therefore performed or used in a public or commercial space, a music copyright license is required. Song writers, composers, performers, publishers and owners of sound recording are entitled to compensations when their works (music) are performed or used in a public or commercial space – it supports their livelihood and enables them to keep producing the good and sweet music that supports many businesses. It is impracticable and near impossible for owners of copyright to monitor the various uses of their works and to license them adequately.
It is also impracticable and near impossible for users of music to locate all owners of copyright and negotiate with them. COSBOTS simplifies this complex process through its collective management of copyright. Without the COSBOTS license, businesses and facilities that use music in public or commercial space would have to negotiate with every individual songwriter, composer, performer and publisher across the country and beyond for every piece of music they intend to use. Your guess is as good as mine, the cost would be astronomical.
How are license fees determined?
The cost of music copyright licence depends on various factors: the nature and extent to which is used, and how many people are exposed to it, the value of music to the trade or business, the monetary advantage obtained from the use of the music, the type of premises, the size of the premises, the type of trade or business, etc. It is worthy of note that COSBOTS tariffs are regulated by the Copyright Office, under Companies and Intellectual Property Authority (CIPA).
If I do not use local music, do I still have to get a COSBOTS licence?
Yes, you need a COSBOTS music copyright licence before you can use any music whether local or foreign. Under the principle of National Treatment for works protected by copyright as enshrined in the Berne Convention, which Botswana is signatory to, COSBOTS is obligated to treat foreign works the same way it treats national works.
Where do the license fees go?
COSBOTS is a member- based, not-for-profit organization made up of music creators-songwriters, composers, publishers, performers and owners of sound recordings. All license fees collected (less the administrative costs) are distributed as royalties to the right owners.
We already paid the performer to perform at our event.
Why do we have to pay COSBOTS?
The payment of appearance fees is different from music copyright licence fees. When a performer is paid to perform at an event, such payment is only an appearance fee for his/her services as a performing artist at the event, but not for the public performance of the musical work, which may have been created by another person and published by an entity different from the performing artist. You will require a performing right licence from COSBOTS for the public performance of the works. Performing rights are the rights to perform music in public. Performances are considered “public” if they take place in a public place and the audience is outside of a normal circle of family and friends including concerts, nightclubs, bars, restaurants, carnivals, festivals, etc. Public performance also includes broadcast on cable television, radio, and any other transmitted performance of a live song. Permission to publicly perform a song must be obtained from COSBOTS.
I rent out my venue to event organizers. Who is responsible for paying the COSBOTS licence fee?
Both the owner of the venue and the event organizer maybe liable. As an owner or operator of an event center using any form of music whether live or recorded, you are responsible for obtaining the appropriate music copyright licence from COSBOTS and paying the corresponding fees. If music is used in your venue simply contact COSBOTS. The event organizer needs to make sure that the venue is fully licensed or he/she maybe liable for copyright infringement. The event organizers are therefore advised to contact COSBOTS before the use of music.
I already paid for commercial bouquet for cable reception in my place of business. Do I still need a COSBOTS licence to receive DSTV music programming in rooms or other facilities within the establishment?
Yes, you need a COSBOTS licence. The payment of subscription to receive DSTV signals or any other cable signals is not the same as music copyright licence, to communicate music and sound recordings in public or commercial environment. Anytime music is performed, communicated, played, used or broadcasted in public or commercial environment, a COSBOTS licence is always required. Remember such subscription only gives you the right to receive signals and not the right to publicity or commercially use music.
Does Copyright protect ideas?
Copyright does not protect ideas. It only protects the specific and original expression on the idea.
What is Reprography?
Reprography is a form of reproduction, i.e. the duplication of a work.
Reprographic reproduction is a process that usually results in a copy on a graphic surface by for example the following processes:
> Printing
> Photocopying the reproduction of a work by digital means
> Scanning
> Digital copying for instance on CDs and DVDs
> Electronic storage in databases
What is printed material?
Fiction and non-fiction books, journals, periodicals, magazines, newspapers; works of visual art as well as photography and sheet music are considered as “printed material”.
How is copyright dealt with regarding reprographic reproductions?
Most printed material is protected by copyright. Copyright provides an exclusive right to authorise or prohibit reproduction. The rights holder can either exercise this right individually or collectively. Individual management of the exclusive right to reproduction is typical in publishing contracts while collective management occurs where individual management is impractical or impossible. In the print world this concerns reproduction by reprography (such as wide-scale photocopying by companies, educational establishments, libraries and so forth) and more and more often reproduction by digital uses. There are different legislative solutions and operational models for licensing and collecting remuneration for Reprography.
What are potential reprography licensees?
Enormous volumes of photocopies are taken every year in educational institutions, by governments and other public bodies, by industries and associations as well as private individuals. Mass uses of material protected by copyright should be subject to licensing and/or remuneration including but not limited to;
> Education at all levels
> Public administration – government, regional and local
> Trade and industry
> Public and research libraries
> Cultural institutions and other similar bodies
> Church administration
> Copy shops and other places where photocopying machines are open to the public
Copyright legislation in the country defines the possibilities for licensing; i.e., in countries where most photocopying takes place in copy-shops, it is important to ensure that legislation enables licensing in this sector. The exact type, scope and wording of a licence depends on the legislative framework of each country.
Who are potential Rights holders in Reprography?
In principle, all authors and publishers whose works can be copied benefit from collective management, and ideally should participate including but not limited to;
Authors:
> Non-fiction authors, including authors of teaching material
> Fiction and drama writers
> Journalists
> Translators
> Visual artists: painters, sculptors, graphic designers and illustrators
> Photographers
> Composers and songwriters
> Publishers of:
> Books, journals, periodicals, magazines, newspapers and sheet music
What are RRO’s?
Reproduction Rights Organisations called? RROs began in the 1980s in response to the need to licence wide-scale photocopying, providing legal access to scientific and cultural printed works. RROs licence reproduction of copyright protected material whenever it is impractical for rights holders to act individually. They are set up and governed by rights holders, creators and publishers. RROs derive their authority from national legislation and/or from contracts with rights holders.
How does an RRO manage copyrights?
The main task of an RRO is to licence reproduction rights including ordinary photocopying on behalf of rights holders. With technological development, some rights holders have extended the rights and uses RROs can licence on their behalf to cover other mass uses resulting in either a physical or a digital copy.
Any collective management organisation, including RROs, deals with the following tasks:
> Monitoring where, when and by whom works are being used
> Negotiating with users or their representatives
> Granting licences against appropriate remuneration and under good conditions
> Collecting remuneration; and
> Distributing it to the rights holders
Without good legislation there is little room for an RRO to operate; to licence copying and collect remuneration for authors and publishers.
It is therefore of paramount importance that legislation provides for a solid and unambiguous basis, to the benefit of rights holders and users alike. All different options should be founded on the following main principles:
> They should guarantee at least equitable remuneration to authors and publishers.
> They should be easy for users to comply with.
There are different models of RRO operation. These models are all described in the IFRRO WIPO joint publication on Collective Management in Reprography.
How do RRO’s operate?
RROs obtain licensing authority from mandates given by domestic and foreign rights holders. Mandates from foreign rights holders can also be derived through bilateral agreements with RROs in other countries, based on the principles of reciprocal representation and national treatment, as provided for in the Berne and Universal Copyright Conventions. According to the principle of national treatment, there is no discrimination between domestic and foreign rights holders. Each RRO collects and distributes photocopy royalties on behalf of foreign rights holders in the same way that it does on behalf of its domestic rights holders.
What are the benefits for the user of reprographic works?
RROs offer easy legitimate access to works. RROs do not only increase awareness of copyright by governments, users and rights holders but also stimulate the creation of new intellec¬tual work which in return contributes to the economic growth of a nation.
Do RRO’s offer any benefits for Rightsholder?
RROs benefit Authors and Publishers, Creative potential. RROs do not only increase awareness of copyright by governments, users and rights holders but also stimulate the creation of new intellec¬tual work which in return contributes to the economic growth of a nation.
Why should I pay license fees, Is the information not free?
The royalties collected by RROs find their way back to the rights’ owners, the people who have, through their mental efforts, created the intellectual property. Without reimbursement, they have little incentive to go on creating, and there would be no information. In any case, no photocopied page is free: you pay for the paper, the ink, the toner and the use of the machine. When you pay a copyright fee as well, you also pay for the content – arguably the most valuable part of the photocopied page.
How much should I pay if I want to reproduce a work?
Licensing fees differ depending on the work usage and where the work is used – please contact COSBOTS for a tariff that suits your need at www.cosbots.com/contact.
I want to photocopy a chapter from a book for my own personal and private use, do I need to pay licensing fees?
No. There are provisions in the copyright Act under the fair dealing section for copying material for own study or research or private use without a need to seek permission from the copyright owner or to pay.
Do I need to permission to make amends to an existing work?
If you changed the introduction of a song, or perhaps the accompaniment, the tune will still be the same. The same goes for visual works of art – you will still require permission when creating a derivative work.
What should I do if I want to republish a book electronically?
The owner of the copyright in a literary work or published edition retains all rights, including the right to create a digital edition. If you own the copyright in the work, you can go ahead. However, if you want to create a digital edition of a work and you are not the owner of the copyright, you must get permission from the copyright owner.
Do books that are out of print still protected under copyright?
‘Out of print’ does not necessarily mean ‘out of copyright’. Copyright lasts for 50 years after the death of the author. In addition, please remember that there are two copyrights in every published page, and while the author may own copyright in the content, the publisher owns copyright in the published edition, or the typographical arrangement on the page. Copyright in the published edition lasts for 50 years from the end of the year in which the work was first published.
What are photographs, drawings, graphs and maps?
These are all defined as ‘artistic works’ in the Copyright Act, and are copyright protected.
Are images and pictures on the internet protected under copyright?
The image is created by someone, who has copyright in his/her work. The owner of the website may have a license to use the image – but that license does not extend to people who visit the site, unless it clearly says so. Consider the possibility that the image may have been placed on the Internet without the permission of the copyright owner.
Can I use photographs of out-of-copyright paintings that I find on the internet for free?
Copyright in a photograph lasts for 50 years from the date that the photograph is made or made public. Digital photography has been around for less than 50 years, so it is safe to assume that any digital version of a photograph on the Internet is copyright protected. The copyright owner who created the digital version of the original work has copyright in a photograph and has every right to expect compensation for the use of the work unless explicitly placed it in the public domain.
When must I pay royalties for a theatrical work?
Under all circumstances, even for charity performances and dress rehearsals with an audience. Any unauthorized performance is illegal. There is a simple rule: if there is an audience (paying or not), it is a public performance and you must pay royalties.
Is it ok to alter or adapt a play or book?
You need to obtain written permission before you alter, translate or adapt a play, or create a play from an existing book, story or film. This can be a very long process, and the owners of the copyright have every right not to grant permission.
Is it ok to renew and modernize a play or theatrical piece?
This is the same as adapting the show – and entirely at the discretion of the rights holder. You need to request permission in writing before any modifications are made.
Why do I need permission to adapt a story/novel/film for the stage?
The copyright owner has the exclusive right to make, or authorize the making of, an adaptation of their works, e.g. the creation of a translation, or stage play. Secondary works (such as a film based on a novel) are also copyright protected.
Can I perform an extract or shortened version of the show without paying royalties?
No, you will need to get permission in advance as not all authors permit the use of extracts, and you will still need to pay royalties.
If I bought the script or got it off the internet, does this mean performance rights and permission to perform are automatically included and free?
No. Being in possession of the material does not grant an automatic right to perform a play or a musical.
Do I need to pay royalties for shows that do not attract any attendance fees for tickets?
Yes, because royalties pay the creators of the work for their work. By paying royalties you are giving an author income, acknowledging that they created the work.
How does a blanket license work?
Blanket license gives a user permission to photocopy from any publication in the RROs repertoire, within the limits of agreement. It is commonly used in photocopying licenses that cover large sectors and usually is on annual basis.
What happens to authors in an educational institution such as lecturers or students creating most of the work for the educational institution?
The institution has to have an IP policy or employment contract.
If I have written a book. How do I register my copyright?
Copyright arises automatically. In other words, the ideas you express on the page or the computer screen become your intellectual property as you set them down in material form.
How much can I expect to earn from royalties?
Royalty fees differ for each work and it is based on usage and the price charges on that usage.