Africa-Press – Botswana. At a launch meant to celebrate the return of the BOMU Awards, the real conversation was more than accolades — it was also about a copyright law stuck in the CD era while artists live in the streaming economy.
The launch stage was set, the speeches polished, but the loudest moment at the awards launch came without a microphone drop — just a legal one. In between the applause, Industry voice Seabelo Modibe raised a reality check: Botswana’s music industry isn’t just fighting for airplay; it’s fighting outdated legislation.
“One of the biggest challenges… is that government and artists are working apart,” he said, pointing to a law that still demands hologram-stamped CDs for radio submissions. In a Spotify age, that’s like asking TikTok stars for VHS tapes.
ANALOG RULES IN A DIGITAL ECONOMY
For young artists, the requirement is more than inconvenient, it’s exclusionary. “These things discourage young people,” Modibe warned. When access to airwaves depends on obsolete formats, innovation gets stuck in customs.
WHEN HERITAGE STOPS PAYING RENT
The bigger shock? Legacy. Under the Copyright and Neighbouring Rights Act of Botswana’s life-plus-50 rule, works by cultural giants like Rratsie Setlhako are entering the public domain. A devastating move for royalty pipelines.
“If Rratsie Setlhako’s songs go into public domain it means COSBOTS does not pay those royalties,” Modibe said. Translation: the soundtrack of a nation risks becoming economically ownerless.
“Two or three years ago all KT Motsete songs went into the public domain because 50 years has elapsed. This copyright act will take artists out of business if it continues the way it is,” Modibe added.
THE LIVING ARE COUNTING THE YEARS
Veteran music artist, Bafana “Phempheretlhe” Pheto put it in painfully human terms. “I released my song ‘Lekunutu’ in 1997 and if I die they start counting the years and they won’t consider that I have children and family because the law says so.”
With the late Duncan Senyatso already 30 years gone, the clock is ticking on yet another catalogue.
NIGHTLIFE, NEW LAWS & NO CONSULTATION
Beyond copyright, Modibe flagged policy changes that arrive without industry input, from nightlife regulations to trade schedules. In a sector powered by DJs, venues and live gigs, unpredictability is bad for business.
A CALL FOR A NEW RHYTHM
No one is asking for less law, just smarter law. The message was simple: consultation, collaboration, and a copyright framework that understands streaming, legacy and livelihoods.
Because if policy doesn’t catch up, Botswana risks archiving its music faster than it can create it.
