No Royalties For National Anthem Composer

Mpho Mokwape | Monday February 17, 2014 16:51

Under copyright law, ‘Fatshe Leno La Rona’ is classified as government intellectual property and Motsete cannot claim royalties. Mokobi was speaking a week after COSBOTS gave its first royalties but left out Motsete. He explained that there are provisions for beneficiaries to claim on behalf of the owner if he/she is late. In the case of Motsete, there are no beneficiaries and the commissioning of the song was done between the composer and the government.

He said in this context, the song belongs to government. Moreover, Motsete’s family has not demanded royalties. Mokobi explained that if there is anything to be paid, then the family can deal directly with the government. He said the case of Motsetse is different from that of Ricks Morake, a former Radio Botswana employee. Morake composed theme songs for various RB programmes and claimed royalties. Mokobi said there may be different agreements that determine how the compositions are viewed. “It depends on the commissioning of the work that gives reference to the view of the work and in Morake’s case, the rights of the song belonged to him whereas for the National Anthem, it belongs to the government,” explained Mokobi.

In the case where an artist contributes to a radio jingle and no formal agreement is made, he said the benefit of doubt is given to the composer to claim its royalties.

Meanwhile another local artist, HT Tautona who composed and performed a famous jingle for Radio Botswana has missed out on royal payments because he is not a registered member of  COSBOTS.

Tautona explained that though the station did not pay him for the jingle, ‘Radio Botswana Lenaka La Sechaba’, he could have claimed the royalties from COSBOTS if he was a member. “I am not yet part of COSBOTS because initially lots of artists were confused about its role and existence, hence I cannot claim. But next time, I will get what is due to me as I have just acquired the membership forms,” said Tautona.