Levy on technical devices fund (LTDF)
Section 35G imposes a levy on all locally manufactured and imported blank sound and audio-visual carriers, compact discs, and equipment capable of being used to reproduce copyright protected materials. The levy collected is used for the professional development of the authors and publishers of works.
The different devices which attract levy as provided for in the Copyright and Neighbouring Rights Act Regulations, 2007 are listed below with the percentage cost of each:
|Goods||Percentage of the Cost Price levied|
|Compact disc (CD)||1%|
|Digital Video Decoders (DVD)||1%|
The levy is collected by the Botswana Unified Revenue Service (BURS) and deposited the Levy on Technical Devices Fund which was established by the Ministry of Finance and Development Planning through Statutory Instrument No. 94 of 2008.
The Fund is administered by the Levy on Technical Devices Fund Committee appointed by Permanent Secretary in the Ministry of Trade and Industry who is the Accounting Office for the Fund. Currently the Committee comprises of ten members drawn from the government, private sector and literary and artistic works rights holders associations.
The Committee is mainly tasked with the following responsibilities:
- Issuing open calls for funding;
- Receiving project proposals from the public;
- Evaluating project proposals;
- Awarding grants; and
- Making decisions on the use of the Fund to promote creativity.
How one can benefit from the fund
In accordance with Clause 8(1) of the Statutory Instrument No.94 of 2008 the Committee developed Guidelines for the Awarding of Grants for Projects Geared Towards the Development of Rights-Holders (Guidelines) which were approved by the Permanent Secretary. Key issues to note when one desires to apply for funding are discussed below.
The Committee issues an open call inviting eligible people and organizations to apply for funding. The Committee adopted an application form which is used to apply for funding. The application form and other details are available at CIPA offices.
The Guidelines provides that proposed projects should be in line with the following objectives of the Fund:
- Assist with the development of capacity building, quality and diversity of the creative industries;
- Enhance public education/awareness on copyright matters;
- Offer support for law enforcement initiatives;
- Assist in anti-piracy campaigns/activities;
- Contribute towards conserving Botswana culture within the creative works; and
- Assist in any other area not mentioned above, that develops the creative industries.
The proposed projects must have a budget of minimum of P10000.00 (ten thousand Pula) and not exceeding P1, 000,000.00 (one million Pula).
For a project to be funded, its duration shall not exceed 36 (thirty-six) months.
The Evaluation Process
In accordance with paragraph 7 of the Guidelines, the evaluation process for proposals for funding under the Levy on Technical Devices Fund, consists of two stages, being the screening stage and the selection stage.
Stage1: The Screening Stage
At this stage project proposals are screened for administrative compliance. The check list is availed to applicants together with the application form. Any administrative requirement omitted leads to an automatic disqualification of the application.
Stage 2: The Selection Stage
This is a technical evaluation stage, where applications that met Stage1 requirements are subjected to a selection criteria provided in paragraph 7 of the Guidelines. For an application to be eligible, it should reach a minimum score of 75%.
- Applicants who are successful enter into a memorandum of agreement (MOA) with CIPA;
- Funds are disbursed in project phases;
- CIPA officials are assigned to monitor and evaluate projects to ensure that they contribute to the development and growth of creative industries.