Golden Oldies? South African High Court Looks At What Is “Traditional”
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”. A case pending in the South African High Court 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 anything that smacks of a traditional flavour. Prof. Owen Dean asks: Could this be a disincentive to use traditional material belonging in the public domain and thus slow cultural expression?
