Users of Copyright Works
WeekendLife
Tlotlo R. Kgakatsi
Intellectual Property Matters
Everyone uses music or encounters the use of music in one way or another everyday throughout their lives. Think about this; driving home after work, your car stereo is on, there is a portion of news and talk here and there, then a bit of commercials in-between, but you don’t want to sit and listen to people talking throughout; radio presenters know, that is why they play music most of the day.
So let’s face it, it is all about music, which song or songs are new, which one is currently topping the charts and who collaborated with whom to create the songs? When you tune to a radio station music is what you want to hear, 90% of the time.
Similarly, consider the role of a Disk Jockey, his/her job as a DJ is to entertain his crowd with music, other people’s music. He/she mixes and samples other people’s songs, without these works he cannot have a job as a DJ, albeit some DJ's also create their own music.
On the other hand, sitting for a hearty meal in that restaurant you like, there is this calm, soothing sound around you; it’s the music playing in the background creating that ambience. Maybe walking around a mall there is music pumping through at the retail store, music you cannot ignore. Suddenly you find yourself inside that shop, you end up impulsively making a purchase but what attracted you in the first place was that pumping, energizing creative sound.
Picture your treadmill session at the gym, with that loud rave, energizing music playing in the background. The 20 minutes you had set for yourself goes by so quickly that you end up going an extra mile without feeling the heaviness of your workout, but without music you tend to concentrate on just how much time is left, thinking of a stressful day ahead, meetings at work and the people you owe, you end up doing only 10 minutes instead of the intended 20.
In short, the use and application of music differs according to the purpose and/or type of business it is applied in. For some businesses, music is core to the operations hence they cannot operate without it. Such users include radio stations, music concerts, night clubs and DJs.
These are classified by the Copyright Society of Botswana, (COSBOTS) as essential users. On the other hand, there are businesses whose use of music is not essential to their operations but serves as significant entertainment and plays a role in luring customers when used.
These are termed important users because music is used to lure customers to the business, e.g. bars, gyms, and music awards ceremonies etc. The third and last category is that of incidental users; at which music provides a passive background entertainment and requisite ambience, like retailers/shops, trade fairs, hotels etc.
The law in Botswana provides for the fact that once music is created, it is protected as copyrighted work, for which users must seek permission in order to exploit. Any business or person who avails music for public consumption, outside his/her private space, is lawfully required to contact COSBOTS in order to get a license for this purpose.
Dependent on the use or application of music, i.e. the size of the venue, the number of people attending the event, whether or not patrons pay an entrance fee, type of equipment, seating capacity, whether a live band is plays or recorded music, each user/s will be charged using the set tariffs depending on which category of the user falls.
Despite this seemingly appearing to be complex, as the collective management organization in Botswana, COSBOTS's role Is to decipher and differentiate the various applications and to monitor usage of copyrighted works In Botswana and puts measures in place to ensure that artists are correctly paid for the use of their creative works.
Royalties distributed by COSBOTS to artists, are collected from fees for live performances in front of audiences at festivals, concert venues, clubs, public places, private events and most importantly public performances.
Royalties are also collected for songs played over the radio, television, or in public (such as in an arena, club, juke box, factory, shop, hairdressing salon etc.). This process has facilitated for and enabled the distribution of royalties in the last three distributions amounting to over 8.5 million pula, over a period of nearly two years.
It is important to appreciate that questions are constantly raised regarding royalties for digital online streaming for right holders. This area, slightly more complex In terms of implementation, is also subject to requisite changes in the law that can facilitate the process.
COSBOTS is currently pursuing implementation of licensing for online applications and prior to achieving this, can only advise artists not to place their musical works on-line for free downloads, but to place them in sites that facilitate payment for the downloads.
As a collective management organization, COSBOTS also encourages artists to protect their rights and understand the significance of the role they can play so as to benefit from their works.
For more information contact:
Mr. Tlotlo R. Kgakatsi
Corporate Communications Manager
Copyright Society of Botswana (COSBOTS)
Tel: (+267) 392 8055
E-mail: tlotlok@cosbots.com
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