The South African music landscape and the Copyright Amendment Bill

Abstract

Abstract In South Africa, the issue of musicians dying as paupers despite their fame relates to a set of factors, including technological developments that affected traditional modes of content distribution and archaic laws, that predates the internet. Relying on CISAC and IFPI reports, this article finds that while physical copies, which were by far the most rewarding mode of music distribution, have become obsolete, current modes of distribution – downloads and streaming – have diminished revenue for the South African musician. This situation is due to free streaming from platforms that enable user-uploaded content, as well as to negligible payouts from streaming platforms in general. Efforts by the legislature to address musicians’ dwindling income are nevertheless contradictory. Looking at sections of the Copyright Amendment Bill and stakeholder submissions thereto, it is clear that the bill diminishes artists’ economic rights through unmitigated exceptions while leaving the safe harbour provisions unaddressed, which pose a further risk to artists’ income.