The ‘Copyright Bill’ Can Help Spur Growthin Creative Sector

THE Creative arts in Namibia have always been treated as something of a “side hustle” or a hobby.

It is a sector rich in talent, mainly the music and film industry, and encompasses talent in the fashion, literature and digital spaces.

The industry has made significant strides over the years but its true economic potential remains largely untapped.

This is due, in large part, to poor and outdated legislation, namely the Copyright and Neighbouring Rights Protection Act (6 of 1994).

The proposed new bill, which has yet to be enacted, promises to transform the creative sector into more than just a “hobby” or a “side hustle”.

Enacting it can contribute meaningfully to the Namibian economy and the well-being of Namibia’s creatives.

Significant strides in technology, leading to a boom in digital content creation over the years, has not only left creators vulnerable to piracy but also left Namibian content creators missing out on a worldwide digital market.

The new bill promises to address these gaps by addressing clear rights for authors, performers, creators and publishers.
This will ensure fair compensation and monetisation for Namibian content whether it’s streamed on global platforms or locally. 

UNPACKING THE BILL

In most parts of the world, creative industries are fairly recognised as engines of growth and contribute significantly to their countries’ gross domestic product while creating employment.

With the bill’s enactment, here is what Namibia can expect: 

– A copyright fund: The new bill plans to establish a Copyrights Fund to be financed through a Copyrights Levy.
This levy intends to provide a fair and reasonable compensation mechanism for rights holders. A levy will be placed on the importation of all devices for digital storage materials on the market. 

– Stronger collective management: Organisations such as the Namibian Society of Composers and Authors of Music (Nascam) will facilitate the collection of more revenue on behalf of artists. This will see artists finally paid what is due to them. 

– An enhanced legal framework: The bill will strengthen protection of Namibian content creators’ work in the digital environment allowing them to be able to monetise their online content and access global markets.

– Support for indigenous and cultural expressions: The bill safeguards traditional knowledge and expressions of folklore, enabling communities to benefit commercially from their heritage while preserving our identity.

– Increased investor confidence: A modern copyright bill aligned with international treaties will make Namibia more attractive to international media, film and publishing companies.

These foreign partnerships can bring in much-needed revenue, skills and technology transfer.
– Job creation: These initiatives will lead to job creation across the value chain.

From production studios to digital platforms, from event organisers to marketing agencies, a well-regulated creative industry stimulates demand for skilled and semi-skilled jobs.

A CATALYST FOR SWAPO 

As a result of the visionary leadership of president Netumbo Nandi-Ndaitwah, this bill does not exist in isolation, it reinforces the Swapo Party Manifesto Implementation Plan, which prioritises the creative industry.

Legal certainty around intellectual property will go a long way toward ensuring the creative sector is well looked after.
The Swapo Party Manifesto Implementation Plan highlights the need to strengthen the Namibia Film Commission.

This includes promoting our country as a destination for international companies to regularly film movies here.

In the past, movies such as ‘Mad Max: Fury Road’, ‘10,000 BC’ and ‘The Mummy’, among others, have been shot in Namibia.
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