Introduction: March 2006 will be remembered for many years as a “first” for the South African film industry. On this day, director Gavin Hood held up South Africa’s – indeed Africa’s – first Academy Award for Best Foreign Film. The coveted Oscar was received for Tsotsi, and for days afterwards, national television, newspapers, radio and the Internet showcased interviews and features with anyone involved with the production – basking in what South Africans hoped was a sign of a new era for filmmaking in the country.

But the euphoria around this accomplishment was in some respects short-lived. Soon after the win, Tsotsi was in the news again. This time because a pirate copy of the movie was being distributed throughout the country, and it was believed that someone at the post-production facility had leaked a cut of the film. In early April 2006, two former employees of the firm where post-production took place were arrested and charged with fraud and theft (SAPA, 2006).

During this time, national public radio station SAfm aired a debate about the case, discussing the issues of piracy and local film production with key figures in the industry and members of the public. One caller living in the village of Ramosadi, North-West Province – the home village of Tsotsi lead actor Presley Chweneyagae’s family – said that, after hearing about the film and Chweneyagae’s role in it, he had wanted to watch it, but because the nearest movie theatre is many kilometres from where he lives, he had to buy a pirated DVD of the film.

The Tsotsi story got people asking some pertinent questions about the dynamics of South African film distribution – about how best to reach audiences, about how to facilitate better and faster distribution of legal DVD versions of films, about the balance of distribution control between creators/producers and the broadcasters/cinemas, and about the role of more creator/producer-oriented distribution efforts such as those provided by the Film Resource Unit (FRU).

This paper does not aim to account for all of the complex dynamics in South African film distribution, but rather to focus in on two broad themes: the dynamics of digitisation; and the dynamics around rights (copyright and licensing of distribution rights). This article aims to point to potential opportunities for improved South African film distribution, to the benefit of both creators/producers and distributors, as presented by:

• the digital environment and the innovative distribution and promotion techniques this environment makes possible for South African film; and

• new approaches to copyright and licensing of distribution rights – approaches seemingly made both more necessary and more realisable in the digital environment.

Exploitation of both of these sets of opportunities has the potential to give added dynamism and sustainability to South Africa’s independent film production sector – a sector which has, in recent years, consistently proved its ability to generate world-class cinema with a South African flavour. Tsotsi is but one of many examples of local film productions that seem to have deserved, and could potentially have drawn better revenues from, wider distribution/promotion in South Africa on cinematic, broadcast, DVD and online/cell phone platforms.

The central argument of this paper is that creative approaches to copyright management and to licensing of distribution rights, deployed within the digital, multi-platform environment, hold the potential to better balance the rights of creators/ producers with those of broadcasters/cinemas/DVD distributors, thus potentially building a South African film industry with more winners and fewer losers.

Courtesy:  icommons.org, http://icommons.org/resources/innovations-in-copyright-for-digitised-sustainable-film-in-south-africa