For many South African musicians, landing a record deal feels like the breakthrough they have been working toward. But amid the excitement of studio sessions and album plans, one critical question is often overlooked: who owns the masters?
In the music industry, "masters" or "master recordings" refer to the original recorded performance of a song from which all copies are made. As a form of intellectual property, they are a valuable asset. While artists can still earn royalties without owning their masters, it is the owner of the masters who controls how, where and when the music is used. In essence, ownership means control.
Under South African copyright law, creators are generally regarded as first owners of their work. However, ownership can shift in two key ways:
- if the work is created as part of employment (Section 21(1)(d) of the Copyright Act 98 of 1978); or
- if a contract assigns ownership to someone else.
Contracts have historically played a critical role in determining music ownership and the rights that come with it. Artists often partner with record labels to advance their careers, sometimes without fully realising that these agreements govern how their music is used, for how long, and who ultimately profits.
In South Africa, many artists, particularly those who rose to fame in the 80s, 90s, and early 2000s, signed away their masters early in their careers. As a result, the masters of musical icons such as Brenda Fassie, affectionately known as the "Queen of African Pop", remain under label control. Ongoing efforts by her son, Bongani Fassie, to reclaim his mother's catalogue, highlight the legal and practical challenges involved in reclaiming rights decades after a deal has been signed.
More recently, a new wave of South African artists has begun shifting the narrative. Musicians like Cassper Nyovest, DJ Maphorisa and Nasty C have used their platforms to advocate for masters ownership and challenge outdated industry norms. Cassper Nyovest, for instance, has consistently affirmed his decision to retain full control over his masters and publishing rights, having turned down lucrative deals that would have required him to give them up.
While artists may lack the bargaining power to secure favourable contract terms, especially early on in their careers, understanding the agreements and seeking professional advice can help them make informed decisions and lay the foundation for greater control over their work. Ownership or control of their masters, in particular, can open the door to long-term revenue streams by unlocking opportunities such as:
- Licensing. When artists own their masters, they can license the recordings to others for use in streaming, film, advertising, or collaborations, in exchange for a fee. Without ownership, licensing rights usually belong with the record label or whoever holds the masters.
- Joint Ownership. When signing with a label, artists may negotiate to co-own the masters, sharing both control and profits. However, any assignment or transfer of ownership should be approached with caution. Where possible, artists should seek to negotiate terms that protect their future interests, including royalty rights (to ensure a share of ongoing income generated from use of their masters) and reversion rights (which allow ownership to return to the artist after a certain time period or under specific conditions). Encouragingly, as awareness of these issues grows, record labels are increasingly recognising the need to offer fairer, more balanced terms. However, joint ownership is not without its challenges. Disputes over licensing, usage or monetisation can easily arise, underscoring the need for clear contractual terms and well-defined dispute resolution mechanisms.
- Merchandising and Live Performances. An artist's name, image, voice and likeness are valuable forms of IP. When linked to their recorded music, particularly the masters, they become more commercially powerful, enhancing opportunities for endorsements, live performances and merchandising. Contracts governing these areas should clearly define who controls these rights, how they can be used and how revenue is shared.
As awareness around masters ownership grows, more South African artists are increasingly recognising the importance of owning their intellectual property and the role contracts play in protecting it. The experiences of artists across the industry highlights the value of understanding masters' rights early on, seeking legal advice before signing any agreement and being aware of the risks of not owning their work—and what is possible when they do.
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