- In the aftermath of the death of Atlasaone “ATI” Molemogi, CIPA has clarified how copyright and trademark laws may apply to his iconic phrases and lyrics that have become part of Botswana’s cultural lexicon
GOSEGO MOTSUMI
With mournful memories of the late music icon Atlasaone “ATI” Molemogi in people’s minds yet, debate has developed around the ownership and legal protection of his most memorable phrases particularly, “It’s not about you, it’s not about me, it’s all about the people,” and “Re tsamaela gone koo.”
The Companies and Intellectual Property Authority (CIPA) has now clarified how copyright and trademark laws intersect in protecting such creative expressions.
Protection within songs
According to CIPA’s Copyright Administrator, Keitseng Nkah Monyatsi, phrases originating within a recorded song are automatically protected as part of that work.
“The phrases are protected as part of the song through automatic copyright protection, which requires no registration,” she said in an interview. “Any commercial use that rides on the popularity of the song may constitute copyright infringement.”
But having said that, Monyatsi explained that while copyright protects artistic and literary works as a whole, it generally does not extend to individual words or short phrases unless they form a qualitatively substantial part of a creative work.
Not enforceable
As she pointed out, whether such use amounts to infringement is ultimately determined by the courts on a case-by-case basis.
CIPA has confirmed that ATI had not registered any trademarks for his well-known phrases. “According to our records, the late ATI did not register any trademarks with CIPA,” said Monyatsi.
According to her, what this means is that “trademark rights are not enforceable in respect of any of the phrases associated with him”.
The creator’s heirs
“Individual phrases or slogans are generally not eligible for copyright protection, although they may be protectable as trademarks if formally registered,” she noted.
Monyatsi added that intellectual property, like other forms of property, can be inherited by the creator’s heirs, who may enforce those rights.
She encouraged both the public and corporations to distinguish between cultural and commercial use.
Lifetime plus 50 years
“When it comes to intellectual property, it is always advisable to seek permission from the rights holder before using it in any commercial setting,” she said.
Under Botswana’s Copyright and Neighbouring Rights Act, copyright protection continues for the artist’s lifetime and 50 years thereafter. During this period, ATI’s estate retains control over royalties, reproduction, and distribution of his works.