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Who Owns the Story: The IP Test Behind Namibia’s Women-Led Film Push

June 21, 2019
Who Owns the Story: The IP Test Behind Namibia's Women-Led Film Push

By Dhiladhila Magazine · Issue 19

Festivals give exposure. Rights give income. The two are not the same asset.

The Warehouse screening sent four Namibian films toward international festivals. That is an exposure strategy. The quieter, longer question is one of ownership: whether the filmmakers hold the rights that let exposure convert into income rather than just applause.

For an emerging film sector, intellectual property is the difference between a celebrated evening and a durable asset. A film that travels without secured rights builds a reputation; a film that travels with them builds a catalogue that can be licensed, sold and borrowed against for years.

Copyright is the underlying asset

A film is a bundle of rights – the script, the score, the performances, the final edit – and each has to be cleared and owned for the whole to be sellable. In Namibia those questions run through the copyright framework that BIPA administers and is working to modernise, and through collecting bodies that handle creators’ earnings.

The music side shows what organised rights can return. The Namibian Society of Composers and Authors of Music distributed more than N$1 million in royalties to its members for a single recent year, income that exists only because the underlying rights were registered and tracked. Film has the same potential and, so far, less of the plumbing.

A film is only an asset once every right inside it is cleared and owned.

Festivals sell exposure, not ownership

The festival route is valuable but easily misread. A selection or an award raises a filmmaker’s profile and can open doors, yet it transfers no lasting value if the rights behind the film are unclear or informally held. Exposure without ownership is a loan against future goodwill, not a deposit in the bank.

This is the trap for young sectors. The excitement of travel and recognition can crowd out the unglamorous rights work that determines whether any of it pays. The festival is the shop window; the copyright is the stock.

Recognition is borrowed value; only secured rights turn it into earnings.

Brand as a second layer of IP

Beyond the films sit the filmmakers’ own names and the emerging identity of women-led Namibian cinema, both of which are brand assets in their own right. A director who protects her name and consistent creative signature builds recognition that outlives any single film, and a collective identity – Namibian, women-made, distinct – can be cultivated the same way a place-of-origin brand is.

Managed deliberately, that brand layer compounds. Each new film adds to a recognised body of work rather than starting the audience’s trust from zero.

The director’s name is an asset too, and it compounds across films if she protects it.

The discipline the moment needs

The strategic move for the sector is to pair every exposure push with a rights push: register copyrights, formalise music and performance clearances, and treat festival submissions as the marketing of an owned asset rather than an event in itself. The institutions to support this exist and are strengthening; the habit is what has to catch up.

The risk is a generation of admired films that earn their makers reputation and little else, because the ownership was never nailed down while the attention was high.

Pair every festival entry with a filing, or the exposure pays someone else.

For a filmmaker, producer or creative-sector investor, the 2019 women-led push is a reminder that the celebrated film and the bankable film are made in the same edit but secured in different offices. The decision is whether to do the rights work now, while these careers are forming, so that exposure becomes an asset the filmmakers actually own. The institutions are moving in that direction; the sector’s task is to meet them halfway before the current wave of attention passes and the films scatter unregistered.

Sources: The Namibian; The future of copyright in Namibia (New Era); BIPA National Intellectual Property Policy

By The Dhiladhila Desk

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