Golden Oldies? South African High Court Looks At What Is “Traditional”
IP Watch Inside Views, 29 May 2012

GENEVA, SWITZERLAND: Authored by Prof. Owen Dean, this article examines a case pending in the South African High Court, which highlights the question of what is “traditional” and raises the question of to whom music companies will have to look in the future to obtain permission to use traditional songs. The question of the use of material in the public domain for the inspiration of new works has been complicated in South Africa by legislation which purports to grant retrospective perpetual protection to so-called “traditional works.” The author examines whether this could be a disincentive to use traditional material belonging in the public domain and thus slow cultural expression. Read the article …