Copyright-based industries form part of creative industries, which are economic activities based on the creation, management, use and trade in original creations expressed in tangible form. Creative industries are referred to as copyright-based industries and products there-from as copyright-based goods when they are protected under intellectual property rights. There is a growing interest in the copyright-based industry today due to the recognition that creativity is the very basis for social, economic and cultural development of nations.

Based on the World Intellectual Property Organization (WIPO) Guide (2003), studies have been conducted to quantify the contribution of copyright based industries in several European, American and Asian countries. As an emergent subject of interest to individual inventors, creators, firms, their agents, governments, economists, financiers (OECD, World Bank, UNIDO), investors and intergovernmental organizations (such as WIPO and its constituents). Intellectual property management is a highly sophisticated topic and requires an understanding of IP law, technology, economics and finance.

The common interest among these seemingly disparate levels of society is the practice of innovation and the corresponding promise of wealth creation. Reflecting on this point, all other activities of management beyond new combinations seem like housekeeping or the pursuit of an efficiency frontier that has diminishing returns (for example mergers, acquisitions and other efficiencies sought during market maturity). Legal professionals are classically trained using the lenses of doctrine and the corresponding tools of contract, policy legislation and case law. In acting as intellectual property professionals, intellectual property practitioners are the agents of their clients (managers) and know how to procure rights from the various granting entities and enforce them, when necessary, in a court of law or other legal dispute resolution forums.

Creative entrepreneurs, executives and managers, typically have a responsibility of a different kind something akin to fiduciary responsibility. Fiduciaries are charged with the responsible management of firm assets for the benefit of all stakeholders (shareholders, employees, etc.). To “manage” is to actively reconcile opportunity with market context and allocate resources to realize a profitable business. This requires knowledge of management disciplines such as economics, marketing, operations, finance, accounting, technology, organizational form, distribution and all possible combinations thereof.

Intellectual property now makes up a large proportion of a companies’ market value, and IP management can no longer be left to technology or legal departments alone. Managers need visibility and control over the things they “manage”. This means that the firms are further formulating strategies that focus on lead time, before products are developed, to strengthen competitively the existing and relatively ”strong” industries while at the same time building up dynamically as a function of available resources and competitor analysis around their strengths.

This growing focus on knowledge and innovation has placed IP rights under the spotlight and highlights the need to learn the best practices for IP management. Internationally, as access to data on IP has improved, examples and cases of IPM at national and international levels are also emerging.

The world of business has changed at a high rate. In the recent past, the development of information technology and the arrival of the Internet have created the “Global Village” we all live in today. Applications of new technologies spread quickly around the world and as a result, more people have become familiar with these new technologies through the products they use in their everyday lives. We are in the age of knowledge thus managing technology and its ability to differentiate market offerings is the key to economic success.

It is true that, companies in industrialized countries have decided not to manufacture the products they develop and sell. This is because it is difficult for them to maintain or gain a competitive edge in manufacturing given the low cost, and skilled labor available in, for instance, developing countries. This growing importance is occasioned by fundamental shifts in how value is created and measured in global equity markets. While access to raw materials, energy sources and robust markets remain important components of competitive advantage, globalization and commoditization of production inputs coupled with their price changes has shifted long term competitive advantage.

As governments in developing countries adopt IP management practices, it is envisioned that the creative economies are poised to greater development. As the key players in the sector, let us all embrace the art and grow the sector to its full potential.

Timothy Owase is a Chartered Marketer and practicing Communication professional in the film industry. Can be reached at timothy.owase@live.com

I have found the vast majority of filmmakers are passionate to tell their story – this is primal. And now more than ever, that stage on which to tell your story/show your film has never been more crowded. Most filmmakers have a vision and passion to make their film, and many have been highly trained in great film schools to make that film, but what most aren’t trained for is the commercial line of film-making.

In this article, I explore in brief aspects of film marketing. A film’s life cycle is typically the actual making of the film from pre-production, production and post production.  This can take years to fully develop the product, finance it, market and distribute.

Today, a filmmaker must consider combining creativity and business essentials for the art to make any sense. As film maker’s we all want our final products to be recognized. Then how do we ensure the success we are yearning for?  As a creative, it is essential to be an all-round professional with skills and knowledge of creative, legal, financing, production, marketing and distribution, and be able to practically apply them.

On a set, a filmmaker is faced with various caliber of people, thus  must be able to multi-task, handle all types of personalities, pitch, coach, stand their ground, corral, cajole, and yes, sometimes scream and demand to get results. As we endeavour to perfect the art, let us attempt to give the independent filmmaker an overview of all the areas he/she must take into account and take responsibility for in order to succeed. The key areas include; development, packaging, financing, production, marketing and distribution.

Film Development is one of the least understood and least prepared for phases of a film’s cycle in Kenya. It is the foundation on which your film will stand or fail for the rest of its phases. Understanding this, filmmakers ought to ensure that each aspect of their film’s development is just as perfectly planned, budgeted and sufficiently funded as its production. As an all rounded Producer, you must be fully funded and prepared to get the film from option of material to fully funded and ready to start pre-production.

At this stage, consider paying for writing, legal work for contracts generated, business plan, memorandums, budget and schedule, location scouting, visual pitch and promotional materials, marketing among others.

The Pitch – Pitching is an important step in getting a film financed, produced and distributed. Consider addressing 3 pitch audiences and be prepared to respond to each of their different expectations and needs; the finance, distributors or and International Sales Agents and the consumer of your product.

Film Finance – Financing a film can be the trickiest part of making the film. Hence until the day you are totally funded, you need to pay constant attention to detail on your potential sources and approach.

Film Production – at this stage, the film is now fully developed financed and you are now finally able to begin production. Production here refers to: Preproduction; preparatory measures that include opening of a production office; hire all crew; engage a locations scouts, secure the locations, rentals for camera and lighting packages; prepare shooting schedules among others.

Principal Photography: This refers to the period when the principal photography will be shot. After this time, all of the scenes for the movie are completed. Postproduction: the period, the director and editor will select the best shots of the various scenes and edit those that take into an assembly of the entire film.  After these, various departments consider inclusions that are not limited to music, visual effects, sound design, color corrections and the final Sound Mix.

Film Marketing – the film has been made and now you want to get it to the market. So what are the best ways to market your film? This challenge can be an uphill task to the filmmaker. It requires a lot of hard work and time, provided the filmmaker is willing to take some responsibility for developing and implementing a well-thought out marketing plan.

The plan may include among others various marketing tools, that may comprise; social media, niche-targeted advertising to reach their audience. It is important to begin this process as soon as you start development of the film. I suggest that you must have a line item in your development and production budgets for Marketing, which should include, but not be limited to, social media, website, film festivals, and blogs, among others. To maximize your marketing effectiveness, all marketing pieces must work together.

Filmmakers should connect with viewers online and at screenings, establish direct relationships with them and build core personal audiences. Ask for their support, making it clear that DVD purchases from the website will help you break even and make more movies. Every filmmaker with a website has the chance to turn visitors into subscribers, subscribers into purchasers, and purchasers into true fans who can contribute to new productions.

Film Distribution – Distribution is simply the method by which distributors or the aggregators get your film into the marketplace via theatres, VOD, DVD or television. Theatrical distribution arguably is the single most beneficial release window, as it can establish a film’s brand extending to all other ancillary markets.

However, you need time, money and effort to create that brand. During production, the director and producer are kings and in almost total control over hundreds of people and millions of dollars. Once the film is delivered, the distributor is in near total control.

In the advent of the digital platforms, media revolution is having a massive impact on the delivery and options for distribution, as well as, the marketing and brand creation of the project. This is a window for empowering filmmakers to explore alternative distribution options.

Film is serious business, let’s get serious!

The writer is a Chartered Marketer and film industry professional and can be reached at timothy.owase@live.com