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Licensing Criteria

Copyright Society of Botswana

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Licensing Criteria

Copyright Society of Botswana

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LICENSING: 

LICENSING: 

Who should apply for a COSBOTS MUSIC LICENSE?

Any venue or business that plays background, recorded, broadcast or live music in public must get a music usage licence from COSBOTS. This includes businesses and people such as the following:

  • Radio
  • Pubs
  • Live music venues
  • Shopping malls
  • Cinemas
  • Car washes
  • Trains
  • Non-profit organisations
  • Concerts Exhibitions
  • Any other establishment that plays music in public
  • Television broadcasters
  • Nightclubs
  • Restaurants
  • Retail stores
  • Hairdressers
  • Mobile Service providers
  • DJ’s
  • Minibus taxis
  • Churches
  • Schools
  • Community-based organisations
  • Music festivals
  • Any public show that makes use of music

REPROGRAPHIC REPRODUCTION RIGHTS:

COSBOTS started the reprography section in 2016. Many reprographic rights organisations derive their mandates through authors’ and Publishers’ associations which in turn hold mandates from their members. In this case the partaking authors’ and publishers’ organizations become members of COSBOTS unlike with music where individual creators apply for membership.

  • “Photograph” includes photolithograph and other work produced by any process analogous to photography but does not include any part of an audio-visual work;
  • “Literary work”, irrespective of literary quality, includes any of the following__
  • Novels, stories or poetry works;
  • Plays, stage directions, film scenarios or broadcasting scripts;
  • Textbooks, treatises, histories, biographies, essays or articles;
  • Encyclopaedias, dictionaries, or anthologies;
  • Letters, reports or memoranda;
  • Lectures, addresses or sermons;
  • Computer programmes and,
  • Compilation of data or other material

In relation to a literary work, whether in a non-dramatic form or in a dramatic form, means__

  1. A translation of the work, including in relation to a computer programme, a version of the programme in which it is converted into or out of a computer language or code or into a different computer language or code;
  2. A version of the work in which the story or action is conveyed solely or principally by means of pictures;
  3. In relation to a computer programme or a compilation of data, a rearrangement or altered version of the original programme or compilation; or

“Artistic work”, irrespective of artistic quality, includes__

  • Etchings paintings, drawings, sketches, lither crafts,
  • Short title and commencement Interpretation woodcrafts, engravings, etching, products of photographs and prints;
  • Photographs;
  • Maps, plans, charts or diagrams;
  • Sculptures;
  • Work of architecture in the form of buildings or models; and
  • Work of applied art, whether handicraft or produced on an industrial scale;

What do I stand to benefit for paying a COSBOTS license?

  • I am growing Botswana Creative industry
  • Empowering creativity reduces unemployment
  • Being on the right side of the law feels good
  • I will not pay high prices of the repercussions of infringement

LICENSE:

A license issued by COSBOTS is a permission given by owner of copyright works to another person to exercise the rights belonging to the copyright owner. The owner of the copyright is known as the Licensor, while the beneficiary is the Licensee. In this instance COSBOTS acts on behalf of the copyright owner.

When does my license expire?

The license is a contract that runs annually, or per event and due to the many ways in which musical or non-musical works are performed or displayed, the fees paid for a license or the type of license can vary.

Users of Copyright/protected works – Music

Users of Copyright/protected works – Music

These are business entities, organizations or individuals who use copyright or protected works in their business operations.

Essential Users;

Refers to instances where music is indispensable to the business establishment, the business cannot operate without music. (for example televisions and radio stations, concerts and festivals, night clubs etc.)

Important Users;

Refers to instances where music provides significant entertainment to customers and lures them to the business( for example bars and liquor restaurants, advertising jingles, gala events, music shops etc.)

Incidental Users;

Refers to instances where music is incidental to the business, it adds value to the business through provision of passive background entertainment ( for instance, trade fairs, chain stores, shops, cinemas, hotels and lodges, public transport, music on hold, beauty and hair salons etc.)

USERS OF Copyright/ PROTECTED WORKS – NON – MUSIC (literary, visual arts)

USERS OF Copyright/ PROTECTED WORKS – NON – MUSIC (literary, visual arts)

Sale of Artistic works;

Craft shops, any business entity or individual that displays artistic works for the purpose of sale, shall provide COSBOTS with a list of works for sale and the authors therefore.

Public Display/ Exhibitors works;

Business entities, organizations or individuals who exhibit or display artistic works to the public for a fee shall inform COSBOTS of its intention at least  2 weeks prior to the exhibition and provide a list of artistic works to be exhibited.

How licensing works:

  1. COSBOTS licence comes as an obligation on the licensee to submit regular, detailed returns (log sheets) of the musical works performed or played on the licensed premises to ease the process of royalty distribution.
  2. COSBOTS gives out the log sheet form when issuing the license.
  3. Users are obliged to submit the log sheet upon the agreed time frame

APPLICATION FOR A COPYRIGHT WORKS LICENSE (music)

Every business that uses music or non-music copyrighted works as envisaged by the copyright and Neighbouring Rights Act 68:02 must apply for a license.

Application forms for different types of entities can be obtained either from the office or website

  • Hotel/motel/lodge/B&B/Ranch
  • Broadcaster/store/Bar/restaurant/tavern/bus/combi/taxi
  • Shop/retailer
  • Event

The information provided by the user in these forms enable COSBOTS in calculating fees or royalties payable by the user and an invoice is issued. Royalties together with applicable taxes are paid by the user to the society.

Contact us here!

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Contact us here!

Our business details!

Unit 1, Plot 93
International Commerce Park
Gaborone, Botswana

Cosbots Social Media Icons Telephone-

+267 392 8055

Cosbots Social Media Icons E-mail-

info@cosbots.co.bw

Our Partners!

Find us here!

Our business details!

Unit 1, Plot 93
International Commerce Park
Gaborone, Botswana

Cosbots Social Media Icons Telephone-

+267 392 8055

Cosbots Social Media Icons E-mail-

info@cosbots.co.bw

Our Partners!

Find us here!