The effect of Piracy in Botswana
Correspondent | Friday January 29, 2016 15:11
Piracy is defined as illegally reproducing any copyrighted work. It refers to copying, distributing, selling, and lending of the works without the permission of the owner. Many people in Botswana are guilty of copyright infringement or piracy in one way or another. Some make photocopies of text books instead of buying them. Some make a living from entertaining people with music created by others, without obtaining a licence from the Copyright Society of Botswana (COSBOTS).
Some illegally burn software and distribute it to others at a fee. Others create advertisements with photographs without permission from the photographer.
Others take architectural plans created by others, copy them and sell them to the public at a fee. These are just a few examples, and often times the perpetrators may not even know that what they are doing is wrong.
The rapid progression of technology in Botswana has made it even easier for people to infringe on copyrighted works. How many of us have not been sent a song through WhatsApp? And how many of us have not forwarded that song to countless others? Imagine if all the recipients of the song had paid for it then the owner of that song would have made a killing.
Another alarming trend is the black market for pirated CDs and DVDs; the perpetrators of which are often seen selling their stock in malls in large towns and villages. Often the culprits supply CDs or DVDs which are of a very poor sound or visual quality and they entice the public with much lower pricing than they would otherwise pay for authentic works at regular retailers.
The impact of piracy on
the local creative industries
Buying and selling of pirated works harms the local creative industries in many ways: Authors get only a fraction of the revenue they would otherwise have received if there was no piracy, since their work is being sold by people who have no authority to sell it.
Due to the minimum income they receive, musicians are not able to make as much music for the enjoyment of the public as they would have given a higher income.
International film and music producers will not want to set up in Botswana if piracy is rampant in the country. This is a lost opportunity for job creation.
Very talented and creative Batswana may not want to pursue their talents because they do not see the local industry as a viable source of income.
The local industry generally does not grow due to the income received from it not going to the right hands.
Kealeboga Kaylo Leruele of Wizards, a local music outfit, summed the effect of piracy as follows: “Most of us musicians continue to make music not because we expect to sell CDs, but purely for the love of music. It is apparent through the shows that we do that Batswana love our music, but we really struggle to sell CDs because pirates are out there selling fake copies at lower prices. The trend to download and share music with friends has also exacerbated the situation.’
What the law says
Botswana has a robust Copyright Law which aims to combat any sort of copyright infringement. The Copyright and Neighbouring Rights Act, which is administered by the Companies and Intellectual Property Authority (CIPA) protects such works as literary and artistic works, dramatic works, musical works, audio-visual works, architecture, photography, paintings and sculptures. Works are protected by the sole fact of their creation, and no registration is required.
However, CIPA encourages creators of works to deposit a sample of the work with them in order to create evidence of ownership.
In the case of audio-visual and sound recordings, the Copyright Act states that before they are sold they must have a security device (hologram) affixed to them. Holograms are sold at CIPA for P0.30 each, and provide a means of distinguishing between pirated and non-pirated works. Copyright infringement attracts penalties of up to P20,000 or 10 year in prison, or both upon conviction, depending on the severity of the case.
The owners of the works being infringed are also allowed by law to take civil action against the perpetrators in order to claim back lost revenue.
What is permissible?
It is permissible to make a copy of a CD or DVD that you have bought for your own personal use. For example, if you have a CD you can transfer the music to a USB device so that you can listen to it in your car.
You are allowed to photocopy a page of a book you bought so that you can read it without carrying the entire book.
You can make a copy of a movie for your own personal use - that is if you legally obtained the original movie in the first place.
It is also permissible to reproduce works for the purpose of teaching, but only to a limited extent governed by the principle of fair use.
The creative industries in Botswana are still at infancy compared to first world countries, and even compared to some of our neighbouring countries. The fact of the matter is that piracy hinders the growth of these industries, as it results in authors getting only a fraction of the income they would have otherwise received if there was no piracy.
To conclude, Batswana are advised to do the right thing and purchase only authentic works. If we put the pirates out of business and support our local talent, then we would most definitely see our creative industries growing, creating employment, and most importantly entertaining us all.
This not only goes for musicians and film producers, but also for artists, painters, sculptors, architects, graphic designers, photographers and all other members of the creative industries. Let’s stop piracy in Botswana now!
*Marietta Magashula is the Awareness
and Communications Manager at CIPA
Email: mmagashula@cipa.co.bw