By Shinana Nghixulifwa II
In Namibia, the creative arts have always been treated as somewhat of a “side-hustle” or a hobby.
Namibia’s creative sector is rich with talent, mainly the music and film industry and also encompasses talent in the fashion, literature and digital space.
The industry has made significant strides over the years but it can surely do more. The true economic potential of the creative sector remains largely untapped due to poor and outdated legislation, namely the “Copyright and Neighbouring Rights Protection Act 6 of 1994”.
The new and proposed Bill, still to be enacted, however, promises to transform the creative sector into more than just a “hobby” or a “side-hustle” The enactment of this new Bill can contribute meaningfully to the Namibian economy and the wellbeing of creatives in the Country.
Due to significant strides in Technology leading to a boom in digital content creation over the years, this 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 all these gaps by addressing clear rights for authors, performers, creators and publishers. This will ensure fair compensation and monetization for Namibian content whether it’s streamed on global platforms or in local markets.
Unpacking the Draft Copyrights and Related Rights Bill
In most parts of the world, creative industries are fairly recognized as engines of growth and contribute significantly to their countries’ GDP while creating significant employment. With the new Bill’s enactment, here is what Namibia can expect:
- The establishment of the Copyright and Related Rights Fund: The new Bill plans to establish a Copyrights Fund that will 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 (CMO): CMO’s such as the Namibia Society of Composers and Authors of Music (NASCAM) will be empowered even further through this Bill, allowing them to collect more revenue on behalf of the Artists. This will allow Artists to finally be paid what is due to them.
- Enhanced Legal Framework for Digital and Online Use: The Bill will strengthen protection of Namibian content creators work in the digital environment allowing them to be able to monetize 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 makes Namibia more attractive to international media, film and publishing companies. These foreign partnerships can bring in much needed revenue, skills and technology transfer.
All these initiatives will lead to Job Creation across the Value Chain – From production studios to digital platforms, from event organizers to marketing agencies, a well-regulated creative industry stimulates demand for skilled and semi-skilled jobs.
A Catalyst for SWAPO Party’s Manifesto Implementation Plan
Due to the visionary leadership of our President, H.E Netumbo Nandi-Ndaitwah, this Bill does not exist in isolation—it reinforces the SWAPO Party Manifesto Implementation Plan, which prioritizes the Creative industry. Legal certainty around intellectual property will go a long way in ensuring the creative sector is well looked after.
In the SWAPO Party Manifesto Implementation Plan, Her Excellency highlighted the need to strengthen the Namibia Film Commission. This includes promoting our Country as a destination for international companies to regularly film their movies here. In the past, we have had movies such as: “Mad Max: Fury Road”, “10,000 BC”, “The Mummy” all shot in Namibia. Thus building a permanent sort of “Film City” that regularly hosts international movie companies to film their Hollywood Blockbusters on our shores isn’t such a bad idea.
Namibia’s Time to Act
With the Bill almost close to reaching Parliament, we must ensure our lawmakers do not waste time enacting it. Our Parliamentarians must see this Bill as an economic enabler that could empower thousands of creators while also boosting economic activity.
The world is ready for Namibian stories, music, and innovation. Now, with the Copyright Bill, we have a chance to protect them, value them, and let them grow our economy.
Shinana Nghixulifwa II serves as the Vice Chairperson on the Interim Board of the Namibian Society of Composer and Authors of Music (NASCAM). He is also the Co-Founder of Barima Advertising and Campus Connect Magazine.
