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Users of Copyright Works

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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WeekendLife

Lifestyle enthusiasts feel Big Brother vibes

27th January 2023

This past weekend MultiChoice Botswana hosted media and lifestyle enthusiasts in Oodi for an evening of fun, drama and everything in between. The treat dubbed Big Brother Titans Botswana media challenge basically recreated the Big Brother experience right here in Botswana.

Big Brother Titans is the joint South African and Nigerian edition of the Big Brother franchise. The series follows contestants as they live in an isolated house and compete for a cash prize at the end of the show by avoiding being evicted from the house by the viewers.

These viewers vote their favorite housemates to stay on the show. The show features housemates from South Africa and Nigeria. The first season of the show premiered on January 15 2023 on DStv.

DStv Botswana Corporate Affairs Manager, Thembile Legwaila told WeekendLife that they saw it critical to host media friends to experience how it feels by being in the Big Brother house.

“For the very first time in history of Big Brother, we’ve seen the merging of two superpowers, Mzansi and Naija, with the Big Brother Titans season and what a better way to celebrate the monumental season than hosting our media friends.”

THE LOVE

Participants were treated to top notch reception complimented by the Oodi sunset which just blew them away. A special shuttle was organized from Gaborone to Oodi, at a farm house that is just incredible in terms of design, aesthetics and ambience.

Of course they were welcomed by soft cocktails and non-alcoholic beverages for those who are not drinkers, and the next booth was an opportunity for housemates to introduce themselves to the man of the house, Biggie. RB2’s new baby Mdu the Party played the role of Biggie, and he nailed the character.

Some of the contestants were asked what they will do with the grand prize of P5000. With my ongoing voluntary movement, #Pad4HER, I needed the cash prize to push the campaign.  #Pad4HER is a campaign that I started last year with an aim of helping female students from disadvantaged backgrounds to have access to sanitary towels. Anyway, luck was not on my side but my colleague from The Botswana Gazette, Gosego Motsumi emerged as the winner.

We got done with the questions and made way into the house. The party began with more drinks and the first challenge kicked off. For this particular challenge, we were divided into pairs. I was matched with Motsumi and we won the first challenge.

WINNING STRATEGY

Other housemates asked how we managed but it was simple: we had a strategy before embarking on the challenge. We sat down and debated on what we need to do in order to emerge victorious.

DStv engaged a phenomenal local chef, Rachel Tlagae who served some enchanting, light meal. Its Big Brother Titans so we ought to mind what we eat and also take note of quantities. Chefs also brought some wine to go with the meal and everyone was contented.

THE WINNING CHALLENGE

Housemates were taken through the last challenge: mental ability. This particular challenge needed them to know who they are as well as knowing their fellow housemates. It was one of the simplest challenges yet difficult. This is where I lost lot of points even though I was at the top (after winning the first challenge).

These housemates were all unique in their own way. From the media side was myself, Sharon Mathala, Leungo Mokgwathi, Gosego Motsumi and Nancy Ramokhua. This is a team which did exceptionally well altogether. Motsumi emerged as the winner, followed by Mathala and me on fourth position.

The third position was won by Loungo Pitse from influencer’s side, and he tagged alongside DJ Gouveia, Dato Seiko, Kedi Molosiwa and Gape Makwati.

Legwaila said “We wanted to have a healthy mix of traditional media (print and radio) as well as social media personalities, artists and content creators in the house. We chose individuals who were characteristically different from each other because variety and diversity is important to us. We of course chose those with outgoing personalities as well as those who are a little more introverted as we wanted the interaction to be authentic and organic. We wanted a solid group of individuals who represented the many different people that make up this beautiful country.”

DSTV IS COOKING SOMETHING

When quizzed if there are plans to have a similar Big Brother Titans Botswana, Legwaila said “MultiChoice Africa is focused on entertaining audiences all over Africa with the current Big Brother franchises; BB Titans, Mzansi and Naija. Though we have no immediate plans to have a Big Brother Botswana in the future, we are continuously looking at ways to entertain our Botswana audience with local content and we are excited for what’s to come in the next few weeks from our country.”

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WeekendLife

DENIM RICHARDS American actor takes local productions to the world

23rd January 2023

American renowned actor, Denim Richards has been in Botswana for quite a while now with one clear mission: the revamp the film and entertainment industry.

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WeekendLife

Botswana misses out on Miss Universe again

9th January 2023

The 71st Miss Universe competition will be going down at the New Orleans Morial Convention Center in New Orleans next week in the United States. There are eighty four entrants at this year’s Miss Universe, and Botswana will once again not be a part of the pageant.

The Miss Universe will be hosted by Jeannie Mai and Miss Universe 2012 Olivia Culpo, who last served as host during Miss Universe 2020, while Mai last served as backstage correspondent during Miss Universe 2014. Miss Universe 2018 Catriona Gray and Zuri Hall will serve as backstage correspondents. This will mark the first time in a 70-year history to have an all-female presenting panel.

Botswana last participated at the Miss Universe in 2013, in which the Miss Universe Botswana pageant was won by Tsoane Macheng. Ever since then, Botswana never made its return to the biggest beauty pageant in the world, despite its consistent ability to send a representative to participate at the Miss World competition.

Miss Universe Botswana Director, Safie Sekgwa, allegedly holds the Miss Universe license. Efforts to reach him proved futile, as his mobile phone rung unanswered.

Despite Botswana showing zero efforts in participating at the Miss Universe, the beauty pageants 2019 crown was flanked by two smaller diamonds cut from the same stoned mined in Botswana.

Jewelry designer Mouawad created a new “Power of Unity” crown reportedly worth 5 Million US Dollars, and the title was won by South Africa’s Zozibini Tunzi. She was the third South African to be crowned Miss Universe.

BOTSWANA’S POOR RECORD AT MISS UNIVERSE

Botswana is said to be one African country with the most beautiful women, but, the poor performance at the Miss Universe, communicates otherwise. Perhaps, representatives at the pageant are not academically gifted, as the Miss Universe tests how keen they are also.

Mpule Kwelagobe made history when she was crowned Miss Universe 1999. That was few months after she was crowed the first ever Miss Universe Botswana. Kwelagobe became the third woman from Africa who was crowned Miss Universe.

In 2000, Miss Universe Botswana then, Joyce Molemoeng did not place at Miss Universe, and the same blue reality struck again in 2001, when Mataila Sikwane also failed drastically.

After a two year hiatus, Miss Universe 2004, Icho Keolotswe also failed to place at Miss Universe. That was the end of participation at Miss Universe, only to return in 2010. Tirelo Ramasedi, Miss Universe 2010 also did not win. The same losing trend followed from 2011 (Larona Kgabo), 2012 (Sheillah Molelekwa) and 2013 (Tsaone Macheng).

MISS UNIVERSE 2022 UNDERWAY

Preparations are ongoing to hold the 71st Miss Universe competition. Harnaaz Sandhu of India will crown her successor at the end of the event. There are nine countries which have withdrawn from participating: Denmark, Hungary, Ireland, Israel, Kazakhstan, Kenya, Morocco, Romania and Sweden.

As for returns, Miss Universe 2022 will see Angola, Belize, Indonesia, Kyrgyzstan, Lebanon, Malaysia, Myanmar, Saint Lucia, Seychelles, Switzerland, Trinidad and Tobago as well as Uruguay.

Lebanon won Miss Universe in 1971, Angola in 2011, Trinidad and Tobago in 1977 and1998. Youngest Miss Universe 2022 participants are aged 18, and they are from British Virgin Islands, Iceland and Krgyzstan and Switzerland’s representative is nineteen.

MISS UNIVERSE ALMOST 6 MILLION US DOLLAR CROWN

Miss Universe has unveiled its new crown for the 71st competition. The new crown, “The Crown Number 12: Force for Good” was crafted by world renowned luxury jeweler Mouawad.

The new crown, with pear-shaped blue sapphires surrounded by diamonds and valued at approximately 5.58 Million US Dollars, will be the prestigious mark of honor for the winner this coming week.

According to the Miss Universe organization, the Force for Good crown emanates Mouawad’s passion for crafting the extraordinary, featuring the meticulous setting of sapphires and diamonds, whose design is replete with symbolism.

Reflecting the point that significant change does not happen in an instant, the base of the crown is set with diamonds symbolizing the status quo. From the base upwards, rippling wave motifs reflect the momentum of change, with their varying sizes portraying that this momentum gains ground gradually through advocacy at different moments and places, to audiences large and small, over time.

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