E-information and Copyright in Botswana: the Library Exception By KGOMOTSO F. RADIJENG Law Librarian (University of Botswana)

Introduction Definition Legal rights of creators of literary, musical, and artistic works Purpose To promote research and learning for the public good

Copyright in the Library Libraries critical in information sharing They collect, preserve, organize and disseminate information As such they are central to implementation of copyright related rights

Copyright law in Botswana Constitution – the freedom of expression section 12 Sec. 12 forms the premise for copyright law Copyright and Neighboring Rights Act (2000) Regulates copyright and related rights Replaces the 1965 Copyright Act to bring the law in line with global developments in technology

The library exception Sec 16 Copyright and Neighboring Rights act – library exception Does not specifically address digital copyright issues Gives copyright owners the upper hand (through contractual agreements and technological protection measures) Contracts often override fair use Changes in the law should incorporate digital information

Areas that need focus Licensing - bar agreements that contravene fair use Users with disabilities - allow libraries to transcribe materials Distance learning Liability for infringement Electronic archiving/e-reserves and access to such materials

Conclusion Need for specific provisions on electronic information Copyright should not be monopolized; original purpose should be reinforced There must be a balance between library rights and creators rights Botswana is a predominantly information consuming society -social value should be taken into account Knowledge is of not much value if it can not be shared