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Botswana

Copyright and Neighbouring Rights Act, 2000 (Cap. 68:02), as amended by Act 6 of 2006.

Copyright exception history

No numeric openness score is available in this range.

Selected year snapshot

For 1991, the active event in this file is Copyright Act, 1965 (Cap. 68:01).

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Current rationale

The Copyright Act of 1965 (Cap. 68:01) was the law in force in Botswana on 1990-01-01. This Act was based on the UK Copyright Act 1911 model and was repealed by the Copyright and Neighbouring Rights Act, 2000. Despite extensive web searching, I was unable to locate the full statutory text of Cap. 68:01 online. No official digital repository, WIPO Lex entry, or government gazette publication of the 1965 Act's text was found. The AfricaBib overview article by Morolong (1999) describes the 1965 Act as covering 'largely traditional written works' and being outdated, but does not reproduce the statutory text of its exceptions. Without the actual text, I cannot determine the scope of any research or private study exceptions that may have existed under the 1965 Act. Classification is therefore AMBIGUOUS due to inability to verify the statutory text.

Law changes

Copyright Act, 1965 (Cap. 68:01)

Baseline · Effective 1990-01-01

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Dates: Effective 1990-01-01

Why this score

The Copyright Act of 1965 (Cap. 68:01) was the law in force in Botswana on 1990-01-01. This Act was based on the UK Copyright Act 1911 model and was repealed by the Copyright and Neighbouring Rights Act, 2000. Despite extensive web searching, I was unable to locate the full statutory text of Cap. 68:01 online. No official digital repository, WIPO Lex entry, or government gazette publication of the 1965 Act's text was found. The AfricaBib overview article by Morolong (1999) describes the 1965 Act as covering 'largely traditional written works' and being outdated, but does not reproduce the statutory text of its exceptions. Without the actual text, I cannot determine the scope of any research or private study exceptions that may have existed under the 1965 Act. Classification is therefore AMBIGUOUS due to inability to verify the statutory text.

Copyright and Neighbouring Rights Act, 2000 (Cap. 68:02)

Relevant update · Effective 2006-10-01

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Relevant section: Sections 12, 13, 14, 15, 16

Dates: Effective 2006-10-01 · Enacted 2000-04-06

Why this score

The Copyright and Neighbouring Rights Act, 2000 (Act No. 8 of 2000) repealed Cap. 68:01 and entered into force on 1 October 2006. The table of contents confirms the existence of Sections 12-21 covering exceptions to exclusive rights, including: Section 12 (Exceptions to exclusive right to copyright), Section 13 (Private reproduction for personal purposes), Section 14 (Quotation), Section 15 (Reproduction for teaching), Section 16 (Reprographic reproduction by libraries and archives), Section 17 (Reproduction and adaptation of computer programmes), Section 18 (Reproduction broadcasting and other communication to the public), Section 19 (Temporary reproduction), Section 20 (Importation for personal purposes), and Section 21 (Display of works). However, despite locating the table of contents and arrangement of sections from the CIPA source and the CYRILLA/ICT Policy Africa sources, the full verbatim text of Sections 12-16 (the key research-relevant provisions) was not available in the retrieved search results. The CIPA PDF and CYRILLA PDF were partially accessible but the pages containing the actual text of Sections 12-16 were not fully retrieved. Without the verbatim text of these provisions, I cannot determine: (1) whether Section 13 (Private reproduction for personal purposes) permits full-work reproduction or only excerpts; (2) whether Section 12 contains a general fair dealing or fair use clause for research; (3) the exact scope of Section 16 (Reprographic reproduction by libraries and archives). The section titles suggest a private-use exception (Section 13) and a library exception (Section 16) exist, but the color classification depends on the actual statutory wording. Classification is AMBIGUOUS because the full statutory text of the exception provisions could not be verified.

Exceptions considered

Section 12?Other

General exceptions to exclusive right to copyright - exact scope unknown, section title only available

Section 13?Private Use

Private reproduction for personal purposes - exact scope unknown, section title only available

Section 14?Quotation

Quotation - exact scope unknown, section title only available

Section 15?Educational

Reproduction for teaching - exact scope unknown, section title only available

Section 16?Library Institutional

Reprographic reproduction by libraries and archives - exact scope unknown, section title only available

Source links

Copyright and Neighbouring Rights Act, 2000 (Cap. 68:02), as amended by Act 6 of 2006

Current law confirmation · Effective 2025-03-08

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Relevant section: Sections 12, 13, 14, 15, 16

Dates: Effective 2025-03-08

Why this score

As of 2025, the Copyright and Neighbouring Rights Act, 2000 (Cap. 68:02), as amended by Act 6 of 2006, remains the copyright law in force in Botswana. No further amendments to the exceptions provisions (Sections 12-21) have been identified through web searching. The WIPO Lex entry for Botswana (legislation details/9583) confirms this Act as the current copyright legislation. The Act contains exceptions in Sections 12-21 including private reproduction for personal purposes (Section 13), quotation (Section 14), reproduction for teaching (Section 15), reprographic reproduction by libraries and archives (Section 16), and others. However, the full verbatim text of these provisions was not retrievable from the available online sources during this search. The section titles strongly suggest that Section 13 provides a private-use exception (likely LIGHT BLUE if it permits full-work reproduction for personal purposes) and Section 16 provides a library/archives exception (likely PURPLE). Section 12 may contain a general exceptions clause that could be broader. Without the actual statutory text, the classification remains AMBIGUOUS. No TDM-specific exception has been identified in the Act's table of contents or any available text.

Exceptions considered

Section 12?Other

General exceptions to exclusive right to copyright - exact text not verified

Section 13?Private Use

Private reproduction for personal purposes - exact text not verified; title suggests private/personal use exception

Section 14?Quotation

Quotation - exact text not verified

Section 15?Educational

Reproduction for teaching - exact text not verified

Section 16?Library Institutional

Reprographic reproduction by libraries and archives - exact text not verified

Source links