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Interdict for non-compliance

Given the copyright industry being relatively new and still growing, particularly in developing countries, it is important to comprehend the difficulty inherent in separating wrong from good in relation to infringement prohibitions given lack of or little knowledge by users. Resistance is now being observed from many users of copyright works.


This is perpetuated by the fact that for many years no legislation was in place to provide sufficient or any level of protection for exclusive rights covering all forms of exploitation of inventions, works and other protected subject matter. The legislation in question would have afforded owners of copyright, the right to be compensated via royalties whenever their works are being commercially used/exploited.


The introduction of legislation has now created even more confusion because not only does the law require users to pay royalties for the use of creative works, but also there are measures in place aimed at ensuring that where copyright works are exploited without authorization such infringement is or can be stopped.


Firstly, consider the treatment of copyright, and applicable interest. The idea of “communication to the public’’ and, more particularly, who does the concept public refer to?


In recent interdicts within the African context, true to prevailing laws warning that no organization broadcasting music or sound recordings or communicating same to the public without a copyright user license shall be let off the hook. This after the Copyright Society of Nigeria (COSON) had filed a 1.14 billion Naira copyright infringement action against Brila Fm stations.


In this landmark case COSON complained that the radio station continued to earn massive advertising revenue and make enormous profit from the unauthorized copying, communication to the public and broadcast of the musical works and sound recordings belonging to COSON members, affiliates, assignors and licensors and consequently the Defendants have continued to expand their capacity by setting up new stations across the country.


Apart from accumulated royalties, COSON was asking the court for general damages and perpetual injunction restraining the Defendants, their agents, privies or servants from the unauthorized copying, communication to the public or broadcasting any of the musical works or sound recordings belonging to the members, affiliates, assignors and licensors of COSON except with prior license of COSON.


This is no different to Botswana, users including broadcasters, promoters, clubs, venues must be licensed and ensure applicable royalties are paid. This development brings change to the creative industry for businesses using copyrighted works. And it’s a change that must be accommodated to ensure sustainability and growth of the industry.


Copyright law protection innocently encourages authors to make public their work/s and disseminate it widely, because creators know that they will not lose control over it simply because it is made known to others.

Authors who are aware of risks such as piracy or counterfeiting, which is estimated to have reached a value of over 200 billion USD per year, and corresponds to 2 % of world trade, and is higher than the Gross National Product of over 150 countries, can or will take the route to make their work private, this in turn does not help the creative arts.


As regards the copyright field, it seems that musical, audio-visual field and literary works are among those that are hit the hardest by lack of efficient administration mechanisms.


Recently COSBOTS has resorted to interdicting, and restraining some of the non-compliant users of copyright works from continuing using copyright works belonging to its members and affiliates without applying for and obtaining requisite  licenses or permission from COSBOTS.  


An interdict as one of the extra-ordinary reliefs one can or may seek from Court, has proven to be helpful and effective in the sense that once granted, the user against whom the interdict is sought would be compelled to perform his or her statutory duty of applying for and obtaining a license to use copyright works from COSBOTS prior to use.


Beyond copyright law, the aspect of territoriality remains an important aspect for usage of copyright works. Every country has its own national law applicable within its territory; at the same time creative works and other subject matter are disseminated independently/digitally irrespective of national borders.


This not so complicated process is guarded by international intellectual property treaties like the Berne Convention, which prescribes: “the enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment shall be independent of the existence of protection in the country of origin. Consequently, apart from provisions of this Convention, the extent of protection as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where the protection is claimed”.

This consequently means the law of the country where protection is claimed shall govern that protection. Apply to COSBOTS for your license to use copyrighted works and avoid the inconvenience of the wrath of the applicable law, read the Copyright and Neighbouring Rights Act at your leisure.
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

Self-taught fashion designer speaks

26th July 2022
fashion-designer

A job, lucrative or not, is a job after all. Sometimes one has to compromise in order to make a living, few people get a job their dream jobs. But once in a while there is an emergence of people who listen to their inner calling to pursue their passion.

The founder and head designer of Butterfly Couture, Chawa July is one of those few people who left their job to pursue their passion. An inspiring fact about July is that she is a self-taught fashion designer, she used to copy patterns from her old clothes until she learnt how to draw them, and she also searched information from the internet to increase her knowledge and skills.

“It all started as a hobby from my love for beautiful dresses and I started adjusting and making clothes for myself. Gradually people around me started to take interest in my craft and the hobby slowly grew into a profitable business,” July said.

The 41 year fashion designer from Molepolole worked her way up in the Procurement space for over 10 years. She worked at Stanbic Bank, Kromberg & Schubert and Clover Dairy as a Procurement supervisor. Her last job before she entered the fashion industry was a Manager for Contacts & Sourcing at a Facilities Management Company.

She established her fashion house in October 2019 and it has become synonyms with elegant wedding gowns and exquisite evening wear. July said when designing she is inspired by various aspects such as the client’s personality, the mood of the event and the theme. She further mentioned that every opportunity is to show her craft so she always aims to please.

“Every Butterfly Couture piece must represent the elegance and the creativity the brand is about,” she said. Butterfly Couture has adorned beauty queens; Miss Botswana 2021/2022 Ambrociah Samboko at Miss Universe in South Korea and Miss Botswana 2019,Oweditse Fafah Phirinyane during her reign of which is the highlight of her career. They have also marked their presence in a few fashion events locally and in the neighbouring countries.”

They showcased at The Grand Palm Wedding Expo, Masa Fashion Show, Miss Botswana Fashion Show and Sacunda plus Size Fashion Show. The will also be showcasing at Gabs July Fashion Show on the 15th of July alongside the South African designer, popularly known as the King of glamour David Tlale.

July also identified that one of the challenges they face in the couture is that, it’s a seasonal business. “There are times in the year when the business is great and challenging. Winter in particular, is difficult time to stay afloat as there aren’t as many events that people are inspired to dress spectacularly for,” she said. She further said that her aim is to be a prime couturier of choice in Botswana.

“Craft like your life depends on it because every happy client is 10 more referrals” is what she said when asked to serve a word of wisdom to people hoping to make it in the fashion industry.

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WeekendLife

Gospel awards re-organised

26th July 2022
phempherethe

The Botswana Gospel Music Awards (BOGMA) and the Annual Gospel Awards (AGA) are said to be no longer in existence and a joint venture project has been put up that will carry out the awarding of gospel musicians.

The new entity has been established as Gospel Music Awards, which is a project at this moment is nearer to dishing out the first Gospel Awards under the leadership of the dissolved entities (BOGMA and AGA). “The difference is the same, it is just that the two projects were run by different minds which had differing objectives,” said the project coordinator, Letsweletse Moshabi when asked what the difference was between the two previous awards.

He added that at this junction their focus is on the future of the gospel musicians and they would like to direct their energies to the new project and forgo the past projects. “The Music market especially the gospel genre is too small and that basically means the very small market was experiencing the imbalance in the supply and demand forces. At that stage, supply was more than the demand so the reason for the joint forces is to allow the supply and demand forces to readjust and form equilibrium,” added Moshabi.

The mandate and objectives of the project are to recognize and award gospel music talent, to create awareness of the Botswana gospel music industry and to create a platform where fellow musicians may exchange ideas and network amongst themselves and approach international markets in cohesion.

The first of these joint awards will be held on the 27th August 2022 at Molapo Showcase under the theme ‘Cohesiveness to Build’ where about 18 categories will be up for grabs.

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Makhadzi, Master KG invade Thamaga

18th July 2022
Makhadzi,-Master-KG-invade-Thamaga

The Kumnandi Ekhaya musik festival will be held on the 30th September 2022 at Thamaga village. The event coincides with the release of famous host, Dj Ngwazi’s first album called ‘spring day’ on the 2nd of September 2022.

The Thamaga born and raised Lefika Lushen Kebatlege is a disc jockey and a music producer signed under WanitwaMos Entertainment in South Africa. Famously known as Dj Ngwazi and formally known as DJ superstar, he has really worked hard to become one of the finest export DJs the country has produced. Internationally, he is described as a DJ from South African because of his works with popular music artist Master KG.

Meanwhile, the music festival will feature South African artists, Makhazi, Master KG, Prince Benza and Mthunzi. They will also be joined by some of the big local artists, Franco, Vee Mampeezy, among others.  “The tickets of the concert will be available at Spar stores, webticket and Kings bar. There will be three categories for VIP tickets, the one that goes for P1000, P1500 and P2200,” said the Kumnandi Ekhaya musik fest promoter Sadie Swartz of Saysay Entertainment.

“We have a new system to tackle the cry of promoters about security at the events. We will have a team of 100 security men, 10 horses and 15 dogs. We also agreed with the police to help with traffic control and no tickets will be sold at the gate to avoid circulation of money which can attract thieves,” said Kagiso Gaodumelwe from All Night Security.

“I started deejaying back in the days when I was still schooling at Kagiso Senior School and I never stopped working towards my career since then. I have a career in South Africa, since 2018 when Master KG took me in and his support as a brother has taken me to places,” said DJ Ngwazi describing his career journey.

“Kumnandi Ekhaya is Zulu language which means ‘go monate ko gae’ in Setswana. The name came about as a way of inviting my South African fans and supporters to my home village Thamaga to come experience the joy that comes with celebrating our freedom and independence. I used isiZulu because it’s the dominant language in South Africa,” explained Dj Ngwazi.

“The concert will be held in an open space which was used for agricultural purposes and we would like to call it ‘Ko Legoleng’. With this concert I want to redeem the dignity of our village because we once had the cases of youth who were terrorizing the community, beating up people in the streets and stealing and these was really a concern in our community because they were tarnishing the village name,” said Dj Ngwazi.

The purpose of this concert is to empower the community of Thamaga and local artist, more especially artist from Thamaga village like, Kgabo Sereto traditional group. There will be a litter picking campaign around the village before the launch of the concert .The sponsors which are already on board are Dladleng Entertainment and Kings bar and there are still more sponsors to be revealed.

”As the Kumnandi Ekhaya musik fest management, we are going to buy food combos and take them to Thamaga village Kgotla so they can be donated to the less privileged and orphans. Starting from October we will be donating pads to all Junior Schools in Thamaga,” said Dj Ngwazi. Dj Ngwazi’s motivational words to other artist and everyone else; work hard, be patient and be determined.

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