Law / Botswana

Copyright and Neighbouring Rights Act, 2000 (Cap. 68:02), Press Reporting and Quotation Exceptions

Copyright and Neighbouring Rights Act 2000, Press and Quotation

In force.

A snippet reproduction rule binding private bodies.

Categories
Linking framing

What it requires

  • You may reproduce in a newspaper or periodical, or broadcast or otherwise communicate to the public, an article on current economic, political or religious topics published in a newspaper or periodical, or a broadcast work of the same character, without the author's authorisation, if you name the author and source.
  • Do not do so where the author or owner of copyright has expressly reserved the right to authorise that reproduction.
  • You may reproduce and broadcast or communicate short excerpts of a work seen or heard in the course of reporting current events, to the extent justified by the purpose.
  • You may reproduce in a newspaper or periodical, or broadcast, a political speech, lecture, address, sermon or similar work delivered in public, or a speech delivered during legal proceedings, to the extent justified for providing current information.
  • You may reproduce a short part of a published work as a quotation, compatible with fair practice and not exceeding the extent justified by the purpose, naming the source and the author.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Who enforces it

Settledness

As of
Open questions
  • Does "a short part of a published work" in section 14 (1) of the Copyright and Neighbouring Rights Act, 2000 allow an automated service to reproduce excerpts of many published works as quotations?
  • Does a notice on a website satisfy the condition in section 18 (a) that the right to authorise reproduction is "expressly reserved on the copies" of a newspaper article?

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The Copyright and Neighbouring Rights Act, 2000 (Cap. 68:02, Act No. 8 of 2000, commenced by S.I. 65 of 2001, and as amended by Act No. 6 of 2006, commenced by S.I. 71 of 2006) permits, without the author's authorisation but subject to naming the author and source, the reproduction in a newspaper or periodical, or the broadcasting or other communication to the public, of an article on current economic, political, or religious topics published in a newspaper or periodical, or a broadcast work of the same character, unless the right to authorise that reproduction has been expressly reserved by the author or owner of copyright (section 18(a)).

It separately permits reproducing and broadcasting or communicating short excerpts of a work seen or heard in the course of reporting current events, to the extent justified by the purpose (section 18(b)), and reproducing in a newspaper or periodical, or broadcasting, a political speech, lecture, address, sermon, or similar work delivered in public, or a speech delivered during legal proceedings, to the extent justified for providing current information (section 18(c)).

A separate quotation right permits reproducing a short part of a published work in the form of quotation, compatible with fair practice and not exceeding the extent justified by the purpose, with source and author named (section 14). Neighbouring rights under Part IV protect only performers, producers of sound recordings, and broadcasting organisations, so a print or online news publisher holds no neighbouring right distinct from its ordinary copyright in the articles it publishes.

The Act provides that it comes into operation on such day as the Minister appoints by order made by statutory instrument, and the day on which the provisions this row describes came into operation has not been located.

When LexLint raises it

When your app profile says your app reuses other publishers' content.

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