Copyright and Cultural Preservation: Ensuring Effective Protection of Traditional African Music

This paper explores the complex relationship between American copyright law and indigenous African music by analyzing the historical roots, conflicts, and widespread consequences of such interplay. It examines how American copyright law has evolved alongside African musical traditions, emphasizing instances in which Western music has inadvertently infringed upon the cultural heritage of indigenous African melodies. The discussion extends beyond simple legal concerns to additionally attempt to pinpoint a subtle form of cultural appropriation that threatens moral rights. By offering an overview of key theoretical debates on this subject, along with a case study reflecting how African communities perceive these issues in comparison to Western academic perspectives, the goal is to provide a deeper understanding of both the cultural and ethical dimensions of legal norms governing musical traditions and folklore. Additionally, this paper seeks to probe the effects and implications of applying Western standards to non-Western cultural works and considers possible approaches for sensitively navigating these challenges.