The sweet smell of success – protect the rights of musicians
25/08/2011

South Africa is constantly producing world class talent. New bands appear regularly on the South African music scene. It seems that bands have a special ability to understand the allure and attraction of memorable names – the first step in drawing in the crowds. Good examples are some of the most famous and beloved South African bands, like The Parlotones, Prime Circle and Freshly Ground. The Afrikaans bands and artists are equally creative. Some of the pioneers like Johannes Kerkorrel and Koos Kombuis set the trend with many more recent bands like Disselblom and Radio Kalahari following suit. Some of the names are quite controversial, but clearly the “shock factor” is seen as an additional attraction. Bands understand the magnetism, not to mention the marketability of a good brand name. It is all about standing out in the crowd.

Depending on the talents of the band members and whether lady luck smiles upon them, the band may go from playing in the odd pub to being famous in a very short time. Posting a video of your band on the YouTube website can quickly create a devoted following and catapult the band into the limelight. Radio Kalahari’s “Staan by my, my bra” is a good example of an excellent atmospheric video on YouTube that made them instantly familiar to their now ever-increasing group of fans with over 46 000 hits!

Musicians are bursting with creativity and, more often than not, compose their own songs and write their own lyrics. With perseverance and some exposure, they may land a contract with a record company and can then, finally, start reaping the fruits of many years of hard work and, sometimes, surviving on very little money.

The band, their name, their music and performances may all enjoy protection as intellectual property rights, but what does it mean?

Next week: We dissect a band’s bundle of IP rights. Don’t miss it!
See: Media and Entertainment Law