By Karabo Matalajoe
In an age where music and sound keep us flowing in live and digital content spaces, intellectual property (IP) has become one of the most valuable and vulnerable assets one can possess. Many creators find themselves experiencing a lack of knowledge and ownership of their IP and protection of their work, exposing them to exploitation.
Rhodes University hosted a compelling panel discussion exploring the intersections of music, media and intellectual property. The event brought together students and members interested in learning about the importance of IP and the framework behind creative ownership.
The event was part of a broader awareness initiative to highlight the essential role of fostering creativity, encouraging entrepreneurship and driving a more inclusive growth of property knowledge. Among the interesting voices of the panel members was TV personality and CEO of the Bala Family Foundation, Pinky Bala. She founded the organisation to preserve and protect her family’s rich musical legacy, of numerous records they had sung and composed as a family, which were often left “uncredited”.
“There were a lot of hymns, which I feel we were just there. Thina, we’re just offering our voices. What happens in the background? What happens on paper? We have no knowledge. We are just excited because now we can get the mic and be on stage, but we did not get anything for the album,” Bala reflected.
She urged fellow artists to get legal advice before signing anything with a record label. “I’m sure there’s someone in the legal space who can guide us… an entertainment lawyer who can consult and advise. But we get so excited about the contract that we don’t even read the fine print. Then suddenly you’re stuck—tied to a label for years. For five years, you’re expected to deliver three albums, and by the second one, you’re already feeling trapped. You’re thinking, “This isn’t even my sound. I don’t want to do gospel, I don’t want to do this,” she said.
The panel also featured experts in entertainment law and sound design, such as Darren Oliver, Jeroen Roffel, Gareth Walwyn and Dr. Lee Watkins, who broke down the different types of IP: copyrights, trademarks, patents, designs, trade secrets, and moral rights.
Darren Oliver, Intellectual Property Attorney at Adams & Adams, emphasised the importance of understanding these distinctions. “Intellectual property exists to reward creativity, whether it’s the name and logo on a Coke can, the recipe inside it, or the lyrics to a song. Copyright is unique because it’s automatic and free, protects your written work or music for up to 50 years after your death, and recognises you as the author.”
Music and film creation fall under copyright, a type of IP law designed to protect original artistic works. A good example of this is The Lion King — a film written decades ago that continues to be shown without altering the original concept of its creator. It illustrates how copyright law ensures that royalties can still be earned long after a work has been produced.
“Rights are always paid. Now the question is, how do you get them paid to you?” asked Gareth Walwyn.
The event highlighted the need for deeper awareness about how IP laws apply to music in the film industry, especially given the creative output in both South Africa and globally. Many artists, particularly those working in collaborative spaces like film, remain unaware of the legal frameworks designed to protect them.
Jeroen Roffel, a sound design lecturer at AFDA, reinforced that while copyright may sound technical, it becomes intensely personal for every creative. “We don’t start out as Hans Zimmer; we become him by doing the work and finding our voice, and only then does copyright step in to protect what we’ve built. IP safeguards your value once you’ve created it, not before.”
Participants also noted the educational and systemic barriers that prevent creators from fully accessing IP protections. Despite international agreements and local laws, enforcement remains uneven, and awareness is often low.
International agreements and national IP offices provide a legal framework for enforcement, but legal protection alone is insufficient. They also highlighted the need for ongoing awareness campaigns, support networks, and simplified processes that help individuals and small businesses secure their IP rights affordably and efficiently.
The discussion also examined IP’s broader economic role in job creation, cultural preservation, and global trade. Speaking from his experience with the continent’s oldest music archive, Lee Watkins underlined the unique challenges in protecting traditional African music.
“African music archives do more than store sound; they safeguard centuries of intangible knowledge and creativity. But protecting something as ephemeral as music, especially traditional music, challenges the very frameworks of copyright law. We must rethink ownership, authorship, and collaboration to honour the source and prevent future exploitation,” said Watkins.
Ultimately, the panel concluded with a powerful message: that demystifying intellectual property is a collective responsibility. By democratising access to IP protection and education, more creators can claim what’s rightfully theirs and protect the creative legacy.
