Copyright complications and consequences at the International Library of African Music, Rhodes University: A case study

Abstract

This research aims to explore the position of copyright in contemporary South African legislation, with the International Library of African Music (ILAM) being used as a case study. The catalyst was a contract between the Smithsonian Institution, U.S.A. and ILAM for the Smithsonian Global Sound Network project which requested ILAM to trace and find performers of archived materials to pay out royalties. The research was conducted using various approaches, namely qualitative, quantitative and historical methods which were accomplished through substantial internet and library research coupled with source field research. Recorded interviews provided essential historical and qualitative data, while quantitative data was gathered from various sources. The focus of the investigation concentrated on the 1000 tracks from the Sound of Africa Series, which were delivered to the Smithsonian Global Network under a licensing agreement. In an endeavour to assess the feasibility of the GSN/ILAM Contract stipulations, field work was undertaken using both video and audio recordings to detail the complications of trying to locate, if not the original performer of the contracted tracks, then the surviving members of their families in South Africa. The bulk of the research, however, related to deciphering the contract and its associated implications for ILAM and the musicians recorded. The research took place in the Eastern Cape of South Africa and the trial research intervention was confined to a single performer who was recorded by Hugh Tracey in the Ngqushwa (Peddie) District. The research remains relevant, and findings show that all archives currently involved in field recording need to put careful policies in place. Benefit-sharing agreements and Memoranda of Understandings relating to clear copyright and intellectual property ownership declarations must be signed upfront to reassure creatives and musicians that their rights are valued and that the researchers’ obligations will be followed through.