The biggest annual event in the music industry, the 19th MTN South African Music Awards, was held this past weekend at Sun City. Live performance and diverse collaborations wowed the audience in the Sun City Superbowl. MTNSAMA19 recognised and paid tribute to the talented individuals in South African music industry, including TOYA DELAZY, KHULI CHANA, ZAHARA, FRESHLY GROUND, ZEBRA & GIRAFFE and DR. THOMAS CHAUKE, to name a few.

Adams & Adams attorneys congratulate all the winners of MTNSAMA19 for the excellent contribution that they have made to the South African music industry. Adams & Adams has continued their partnership with the MTN SAMA, with an aim to create awareness about intellectual property rights in the music industry.

The artists in the music industry are the owners of a wealth of intellectual property, which they are entitled to protect in terms of the Trade Marks Act, the Copyright Act and the Performers’ Protection Act.

In terms of the Trade Marks Act, the brands of an artist can be registered as trade marks. These brands include the artist’s name, any logos and even the image of the artist. In addition to music piracy, false endorsement by an artist is a prevalent problem in the music industry that can be addressed by way of trade mark infringement proceedings, provided that the trade mark is registered. 

In terms of the Copyright Act, the lyrics, musical works and sound recordings enjoy copyright protection automatically and the owner is entitled to prevent the reproduction thereof. Furthermore, any live performance by an artist will also enjoy protection against reproduction in terms of the Performers’ Protection Act.

Adams & Adams attorneys offered free legal advice to artists at the MTNSAMA19 and emphasised the importance of intellectual property rights.

Written by Nishan Singh, Partner, Adams & Adams