Namibia Faces “Silent Extraction” of Traditional Music

Namibian citizens are seeing their traditional music exploited for commercial gain without receiving adequate compensation, according to a report in The Namibian. The article details a pattern where recordings of communal music are licensed for use in international media, like documentaries, while the performers and communities who created and preserved these traditions receive minimal or no financial benefit.

Namibia’s current Copyright and Neighbouring Rights Protection Act of 1994 prioritizes identifiable authorship, leaving communal musical expressions vulnerable to exploitation. This allows individuals to sample traditional songs, remix them, and profit from the resulting works while the originating communities receive only token gestures.

Though Namibia signed the Swakopmund Protocol advocating for benefit-sharing, domestic law hasn’t been updated to reflect these principles. The author proposes establishing a specialized statutory structure, potentially within the existing Business and Intellectual Property Authority, to act as a legal custodian for undocumented communal works.

This body would maintain a national registry, manage licensing, and ensure royalties are reinvested in community projects focused on cultural preservation and arts education. The stakes are high as Namibia risks losing control of its cultural heritage and the economic benefits it could generate.