Copyright and Neighbouring Rights Act, 2000 (Cap. 68:02), Database Protection
Copyright and Neighbouring Rights Act 2000, Database Protection
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 1 October 2006.
A database right rule binding private bodies.
As of 4 September 2026.
What it requires
- Treat a database compiled through the selection, coordination, or arrangement of its contents as a protected literary work: do not reproduce the whole or a substantial part of it without the rights holder's authorisation, even though the underlying facts and data are not themselves protected.
- Do not rely on the Act's private-reproduction exception to copy the whole or a substantial part of a database; that exception does not extend to a database.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 31(1) makes for-profit infringement of a protected right an offence carrying a fine up to P20,000 or imprisonment up to ten years, or both, for a first offence; section 31(2) raises a second or subsequent offence to a minimum fine of P30,000 and a maximum of P5,000,000, or imprisonment up to ten years, or both.
Penalty structure
Section 31(1) caps a first for-profit infringement offence at a fine of P20,000 or imprisonment up to ten years, or both. Section 31(2) raises a second or subsequent offence to a minimum fine of P30,000 and a maximum fine of P5,000,000, or imprisonment up to ten years, or both; that maximum is the fixed_cap recorded here. Section 30(4) separately fines up to P10,000 or imprisonment up to five years for failing to comply with a court order to destroy infringing copies, a smaller and distinct exposure.
- Rule
- Fixed only
- As of
- 4 September 2026
- Currency
- BWP
- Fixed cap
- 5,000,000
What it reaches
Obligation class
Licensing
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Botswana's 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) defines "literary work" to include "a table of compilation", so a database that is an intellectual creation through the selection, coordination, or arrangement of its contents is protected as a literary work; there is no separate sui generis database right.
The Act's private-reproduction exception, which otherwise permits a single personal copy of a published work, expressly does not extend to reproduction of the whole or a substantial part of a database (section 13(2)(c)), so reproducing a substantial part of a protected database without authorisation is not shielded by that exception. The underlying facts and data within a database remain unprotected; only the selection or arrangement is a protected work.
Criminal sanctions apply to a person who infringes a protected right for profit (section 31(1), a fine up to P20,000 or imprisonment up to ten years, or both, for a first offence, rising to a minimum fine of P30,000 and a maximum of P5,000,000, or imprisonment up to ten years, or both, for a second or subsequent offence), and civil remedies include injunctions, damages, and exemplary damages for an infringement prejudicial to honour or reputation (section 30).
When LexLint raises it
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Read the law
Copyright and Neighbouring Rights Act, 2000, consolidated official text, WIPO Lex