Echoes of Exploitation: Legal and Ethical Challenges in Copyright and Contract Law for South African Musicians

South African musicians face systemic exploitation rooted in unequal power dynamics, weak copyright enforcement, and limited legal literacy. These issues are now compounded by the rise of AI-generated music, which threatens creative ownership, fair compensation, and the sustainability of artists’ livelihoods in an already precarious industry. To critically examine legal and ethical challenges facing South African musicians within an evolving digital landscape. Critical Theory uncovers deep-rooted structural inequalities, offering a transformative lens to analyse and challenge exploitative music industry practices affecting marginalized South African musicians. This study employed a qualitative scoping review to explore literature on legal and ethical challenges faced by South African musicians. Guided by established protocols, 32 relevant sources were selected from an initial pool of 215 using defined inclusion criteria. Data were sourced from databases like JSTOR and Google Scholar using targeted keywords. No ethical clearance was required, as the study involved no human participants or direct data collection. Findings reveal that most musicians operate without legal representation and sign contracts without fully understanding copyright implications. Economic desperation and limited legal literacy leave them vulnerable to exploitative practices. Royalties are inconsistently collected or distributed, and AI-generated content now further complicates attribution and ownership. This study contributes to scholarly and policy debates by highlighting structural injustices in the music industry and advocating for legal reform, artist empowerment, and equitable frameworks in the age of AI.

Authors

Publication Details

Journal
Science of law.
Published
2025-08-30
DOI
https://doi.org/10.55284/x1r6x316
Primary Topic
Copyright and Intellectual Property
Type
article
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article

Echoes of Exploitation: Legal and Ethical Challenges in Copyright and Contract Law for South African Musicians

Sakhiseni Joseph Yende
Science of law.
Copyright and Intellectual Property
article

Echoes of Exploitation: Legal and Ethical Challenges in Copyright and Contract Law for South African Musicians

Sakhiseni Joseph Yende
article en

Abstract

South African musicians face systemic exploitation rooted in unequal power dynamics, weak copyright enforcement, and limited legal literacy. These issues are now compounded by the rise of AI-generated music, which threatens creative ownership, fair compensation, and the sustainability of artists’ livelihoods in an already precarious industry. To critically examine legal and ethical challenges facing South African musicians within an evolving digital landscape. Critical Theory uncovers deep-rooted structural inequalities, offering a transformative lens to analyse and challenge exploitative music industry practices affecting marginalized South African musicians. This study employed a qualitative scoping review to explore literature on legal and ethical challenges faced by South African musicians. Guided by established protocols, 32 relevant sources were selected from an initial pool of 215 using defined inclusion criteria. Data were sourced from databases like JSTOR and Google Scholar using targeted keywords. No ethical clearance was required, as the study involved no human participants or direct data collection. Findings reveal that most musicians operate without legal representation and sign contracts without fully understanding copyright implications. Economic desperation and limited legal literacy leave them vulnerable to exploitative practices. Royalties are inconsistently collected or distributed, and AI-generated content now further complicates attribution and ownership. This study contributes to scholarly and policy debates by highlighting structural injustices in the music industry and advocating for legal reform, artist empowerment, and equitable frameworks in the age of AI.

Science of law.Vol. 2025(3)
Openalex Percentile: Top 67%
Copyright and Intellectual Property
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Echoes of Exploitation: Legal and Ethical Challenges in Copyright and Contract Law for South African Musicians — Sakhiseni Joseph Yende · Science of law. (2025) | TGRS Research Map | TGRS