FAQ

• A Copyright Levy System is a statutory mechanism that compensates rights-holders (such as
  authors, musicians, filmmakers, and visual artists) for the unauthorised reproduction or private
  copying of their works. The levy is imposed on media and devices that can be used for
  reproduction (such as USBs, CDs, and memory cards).

• The levy is being introduced in anticipation of the enactment of the new Copyright and Related
  Rights Bill, which includes provisions for the levy system. It aims to ensure that rights-holders
  are compensated for the private copying of their works and to align Namibia with global best
  practices

• The levy will be payable by:
  • Importers
  • Manufacturers
  of reproduction equipment and blank media in Namibia. These entities may adjust their retail
  prices accordingly.

No. The levy is applied upstream (at the point of importation or manufacturing). Consumers
may indirectly contribute when buying affected devices or media, but they are not directly
responsible for paying the levy.

• The following products may be subject to the levy:
  • USB flash drives
  • External and internal hard drives
  • Memory cards
  • CDs and DVDs
  • Other storage devices capable of copying content

• The levy rates will be determined by regulations under the Copyright and Related Rights Bill
  after consultations with stakeholders, including manufacturers, importers, and rights-holders.
  The rates will be fair, reasonable, and published for transparency.

• The levy will be collected by an appointed collecting body either a dedicated governmentappointed agency or a Collective Management Organisation (CMO) designated for this
  purpose, under the supervision of the Business and Intellectual Property Authority (BIPA).

• The funds collected will be managed by BIPA as the national IP Office.

• The responsible CMO(s) will distribute the levy proceeds to registered rights-holders such as
  musicians, authors, filmmakers, photographers, and other creators, based on transparent and
  equitable distribution rules

• Distribution will be based on:
  • Usage data (e.g., sales reports, airplay statistics, or content usage surveys)
  • Category of works (music, books, visual art, etc.)
  • Registration with CMOs
  Distribution rules will be developed in consultation with stakeholders to ensure fairness

Non-compliance with levy obligations will result in penalties, which may include:
• Fines
• Confiscation of goods
• as stipulated in the Copyright and Related Rights Bill and associated regulations.

No. Rights-holders must register with an approved Collective Management Organisation
(CMO) to receive distributions from the levy fund.

BIPA will play a regulatory and oversight role by:
• Approving CMOs
• Ensuring transparent collection and distribution
• Monitoring compliance by importers and distributors

A national awareness campaign including media broadcasts, workshops and social media
streams will inform both industry players and the public to ensure understanding of the levy’s
purpose and operation.

It ensures that creators are fairly compensated for the private copying of their works,
encourages continued creativity, and aligns Namibia with international standards to promote
investment in the creative sector.

Yes. Countries such as Tanzania, South Africa, Kenya, Botswana, Ghana, Malawi and Algeria
have implemented levy systems to protect and compensate their creative industries.

A minor price adjustment may occur on affected devices, but the benefit is the long-term
support for the creative industry and economic growth in the sector and a balance situation for
all stakeholders involved.

No. The levy system only compensates for private copying. It does not legalise piracy or other
forms of unauthorised commercial exploitation.

Yes, The Bill make provision for exemption. Regulations may provide exemptions for certain
professional uses (e.g., government, education, or media organisations), but these
exemptions will be clearly outlined and must be applied for where applicable.

Licensing gives direct permission to use a work for specific purposes (e.g., broadcasting),
whereas the levy compensates for private copying that cannot realistically be licensed on an
individual basis.

The levy system will only become operational once the Bill is enacted. Current consultations,
preparatory to ensure readiness when the law comes into force. If the levy is not operation,
copyright holders will continue to lose income due to unauthorised private copying of their
contents.

Yes. Ongoing stakeholder consultations, including input from creators, CMOs, and industry
players, will shape the final implementation framework.

Digital content creators (e.g., photographers, designers, software developers) stand to benefit
as their works are also subject to private copying, especially on storage devices like USBs
and external drives.

Yes. Disputes between stakeholders (e.g., CMOs, importers, or rights-holders) will be handled
via mechanisms provided for under the Copyright and Related Rights Bill or through mediation
facilitated by BIPA.