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

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.