Protecting music copyright owners in Southern Africa: Need for Regulatory Convergence

SECO Working Paper 6/2017 by Malebakeng Forere 

ABSTRACT: Intellectual property, as an intangible form of property, is able to transcend borders and this is especially the case with music. To this end, the South African music is particularly consumed in Botswana, Lesotho, Mozambique, Swaziland and Zimbabwe and vice-versa because of shared languages in these countries. The question then becomes – to what extent are South African music copyright owners or holders protected beyond South African borders especially in the abovementioned countries. This research therefore seeks to compare copyright laws in South Africa and the countries mentioned above specifically focusing on the rights of copyright owners, limitations to such rights and remedies in cases of infringement. From the analysis of the laws in these countries, the research will then call for harmonisation of laws with the aim to protect copyright owners not only in South Africa but in Southern Africa under the auspices of Southern African Development Community (SADC).