Copyright reform key to NDP6 success – Nascam

The Namibian Society of Composers and Authors of Music (Nascam) says the success of the sixth National Development Plans (NDP6) for the creative sector depends on long-overdue copyright reform in the digital age.

While the NDP6 promises new opportunities for the arts, Nascam warns that without modern legislation to protect creators in the digital age, much of the plan could remain out of reach.

“The success hinges on the enactment of the copyright and related rights protection bill of 2021. Without this legislative upgrade, many of the proposed interventions will remain aspirations,” Nascam chief executive Albert Nicanor says.

Recently launched by president Netumbo Nandi-Ndaitwah, the NDP6 outlines a roadmap for strengthening infrastructure, improving intellectual property rights, and expanding market access for Namibian creatives.

However, Nicanor says the current legal framework, the Copyright and Neighbouring Rights Protection Act of 1994, is outdated and does not cover areas central to today’s creative economy.

He says the existing law offers only basic protection for authors, performers, and producers, but leaves critical gaps around streaming royalties, digital licensing, and digital rights management.

“Currently, most Namibian creators earn royalties from public performances and broadcast licensing. Yet, most creative works today live in the digital space on platforms like YouTube, Spotify, and TikTok.

“Under the 1994 act, there is no legal clarity or mechanism for collecting royalties from these platforms. This leaves creators unable to fully exploit their rights or earn fair income from online usage,” he says.

Nicanor points to the example of Mega, the young artist behind the viral hit ‘Pikkewyne’, who earned nothing despite international success because he had not registered with Nascam.

Beyond copyright reform, Nascam welcomes other strategies in the NDP6, including investment in creative infrastructure such as studios and training hubs.

“At present, many artists face limited options for professional production, which affects both the quality and marketability of their work. Eventually, this results in the low consumption of their work due to the aspect of quality,” Nicanor says.

He praises the plan to establish digital data systems for royalty tracking.

“These systems would allow creators to upload their works with metadata, an international standard that enables tracking across broadcasters and digital platforms.

“Once Section 61 of the new bill is operationalised, these systems will make it possible to fairly and transparently distribute royalties from the private copy levy, based on actual usage data,” he says.

Other industry voices echo Nascam’s position.

Actor and director Fellemon Ndongo says the bill should remain top priority.

“One can upload a film and get so many views, but you can’t benefit from it because we are not monetised yet. Over the years, not having the right laws in place has been preventing Namibians from fully participating in the global digital economy.”

Radio personality and actor Denzel //Naobeb describes the inclusion of creatives in the NDP6 as a milestone.

“This is the first president in the history of this country to consciously carve out a plan for the creative industry. It’s an industry that has long been ignored – much to the dismay of all who are stakeholders.

“If only we had this political will decades ago, veterans like David Ndjavera and Jackson Kaujeua would have probably been bestowed national colours and conferred state funerals,” he says.

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