To copyright Dikoša tsa setšo or not: Pondering the challenges

Abstract

The article various ways of protecting cultural music are investigated. This is done by firstly presenting a brief  outline of the issues forming the subject matter of the current litigation between Gallo and Sting. This is  followed by a discussion of various initiatives, (be they suggested, proposed or otherwise) both territorially  and in the international arena, which are geared towards preserving and protecting cultural property coupled with the determination of the efficacy thereof (in the case of territorial initiatives)and, where applicable, possible ways of enhancing it. In this feat, the article will touch on and address both the following aspects:(a) intangible cultural expression (music) in the context of intellectual property and copyright regimes; and (b) intangible cultural expression (music) in the context of indigenous traditional knowledge systems. Lastly, a brief review will be given of the progress with endeavours made by South Africa pertaining to the preservation and protection of cultural music.

Keywords: Copywright, preservation and protection of cultural music, cultural property, intangible cultural expression.