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Copyright in the music industry: the protection of artists' rights against exploitation in South Africa
Over the years, artists who were once the biggest selling artists in the South African music industry have been witnessed to have no financial or other resources upon their death; or when they left the record labels they were signed to, their careers faded and they had nothing to their name. There h...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2023
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| _version_ | 1867613195694243840 |
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| access_status_str | Open Access |
| author | Mayeza, Mzimasi |
| author2 | Ncube, Caroline |
| author_browse | Mayeza, Mzimasi Ncube, Caroline |
| author_facet | Ncube, Caroline Mayeza, Mzimasi |
| author_sort | Mayeza, Mzimasi |
| collection | Thesis |
| description | Over the years, artists who were once the biggest selling artists in the South African music industry have been witnessed to have no financial or other resources upon their death; or when they left the record labels they were signed to, their careers faded and they had nothing to their name. There have been numerous allegations from artists about the treatment they have received from their record labels, particularly with regard to being inadequately compensated for their work and record labels not honouring the agreements they had with them. This dissertation examines how copyright law, as applied to the music industry, solves or tries to solve the problem of artists who die or live as paupers, after having been among the biggest selling artists in the country. It evaluates whether copyright law provides any mechanism to deal with the alleged exploitation that has existed for a very long time in the music industry. Understanding that the purpose of copyright protection is to incentivise authors and motivate them to create more works, the dissertation evaluates whether copyright law has any specific provisions to safeguard this purpose. The dissertation further considers the principles of contract law as a tool used to create binding agreements between artists and record labels. The dissertation argues that the contracts that artists and record labels enter into are unfair, which is as a result, amongst other things, of the imbalance of the negotiating power of the two parties. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/37512 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:17.361Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/37512 Copyright in the music industry: the protection of artists' rights against exploitation in South Africa Mayeza, Mzimasi Ncube, Caroline Okorie, Chijioke commercial law Over the years, artists who were once the biggest selling artists in the South African music industry have been witnessed to have no financial or other resources upon their death; or when they left the record labels they were signed to, their careers faded and they had nothing to their name. There have been numerous allegations from artists about the treatment they have received from their record labels, particularly with regard to being inadequately compensated for their work and record labels not honouring the agreements they had with them. This dissertation examines how copyright law, as applied to the music industry, solves or tries to solve the problem of artists who die or live as paupers, after having been among the biggest selling artists in the country. It evaluates whether copyright law provides any mechanism to deal with the alleged exploitation that has existed for a very long time in the music industry. Understanding that the purpose of copyright protection is to incentivise authors and motivate them to create more works, the dissertation evaluates whether copyright law has any specific provisions to safeguard this purpose. The dissertation further considers the principles of contract law as a tool used to create binding agreements between artists and record labels. The dissertation argues that the contracts that artists and record labels enter into are unfair, which is as a result, amongst other things, of the imbalance of the negotiating power of the two parties. 2023-03-23T07:43:28Z 2023-03-23T07:43:28Z 2022 2023-03-23T07:43:08Z Master Thesis Masters LLM http://hdl.handle.net/11427/37512 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | commercial law Mayeza, Mzimasi Copyright in the music industry: the protection of artists' rights against exploitation in South Africa |
| thesis_degree_str | Master's |
| title | Copyright in the music industry: the protection of artists' rights against exploitation in South Africa |
| title_full | Copyright in the music industry: the protection of artists' rights against exploitation in South Africa |
| title_fullStr | Copyright in the music industry: the protection of artists' rights against exploitation in South Africa |
| title_full_unstemmed | Copyright in the music industry: the protection of artists' rights against exploitation in South Africa |
| title_short | Copyright in the music industry: the protection of artists' rights against exploitation in South Africa |
| title_sort | copyright in the music industry the protection of artists rights against exploitation in south africa |
| topic | commercial law |
| url | http://hdl.handle.net/11427/37512 |
| work_keys_str_mv | AT mayezamzimasi copyrightinthemusicindustrytheprotectionofartistsrightsagainstexploitationinsouthafrica |