Home / Books / Lion′s Share

Lion′s Share

Remaking South African Copyright

Book

Pages: 400

Illustrations: 12 illustrations

Published: December 2022

Author: Veit Erlmann

In the aftermath of apartheid, South Africa undertook an ambitious revision of its intellectual property system. In Lion’s Share Veit Erlmann traces the role of copyright law in this process and its impact on the South African music industry. Although the South African government tied the reform to its postapartheid agenda of redistributive justice and a turn to a postindustrial knowledge economy, Erlmann shows how the persistence of structural racism and Euro-modernist conceptions of copyright threaten the viability of the reform project. In case studies ranging from antipiracy police raids and the crafting of legislation to protect indigenous expressive practices to the landmark lawsuit against Disney for its appropriation of Solomon Linda’s song "Mbube" for its hit “The Lion Sleeps Tonight” from The Lion King, Erlmann follows the intricacies of musical copyright through the criminal justice system, parliamentary committees, and the offices of a music licensing and royalty organization. Throughout, he demonstrates how copyright law is inextricably entwined with race, popular music, postcolonial governance, indigenous rights, and the struggle to create a more equitable society.

Praise

Lion’s Share keenly weaves together an ethnographically based description, discussion, and analysis of copyright. Veit Erlmann’s engagement with law and anthropology has led to a pathbreaking work that tells us something very important about how copyright works and perhaps, at times, does not really work in practice. Lion’s Share breaks new ground in its consideration of the operation of legal and business institutions, particularly as they relate to intellectual property in an African context. This book also advances our understanding of how copyright affects music and musicians.” - Olufunmilayo B. Arewa, author of Disrupting Africa: Technology, Law, and Development

Lion’s Share is a compelling read on the past, present, and future of intellectual property law in South Africa. Veit Erlmann’s in-depth study of the Linda-Disney settlement and the passing of the Intellectual Property Laws Amendment Act provides a tactile retrospective, while his engagement with copyright enforcement and the Copyright Amendment Bill provides insight into the present. The book’s incisive comments on the impact of law and how role players’ positions and politics influence legislative processes give some glimpses of what the future may entail.” - Caroline B. Ncube, author of Intellectual Property Policy, Law, and Administration in Africa: Exploring Continental and Subregional Cooperation

"Erlmann’s latest publication brings together a series of interesting and diverse ethnographic moments that illustrate the complex state of contemporary South African copyright. ...  The book encourages legal scholars, anthropologists, and musicologists to bring their heads together. The reflections that emerge in the text subsequently probe us to consider how one can communicate and interact meaningfully across all manner of divides within and beyond the academy."

- Cara Stacey, Yearbook for Traditional Music

"In this interdisciplinary project of 'anthropology in law,' Erlmann brings an immersed, skeptical 'ethnography of copyright' to bear on South Africa's legal, political, and musical cultures, and examines discourses of law, scholarship, creativity, commercialism, indigeneity, and racial justice, all in an effort to answer a question that unsurprisingly remains unanswered to this day: 'Who will reap the lion's share?'" - Robert Spoo, Law, Culture and the Humanities

Buy

Availability: Loading...

Price: Loading...

Request a desk or exam copy

Information

Author/Editor Bios

Back to Top
Veit Erlmann is Professor and Endowed Chair of Music History at the University of Texas, author of Reason and Resonance: A History of Modern Aurality and Music, Modernity, and the Global Imagination: South Africa and the West, and editor of Hearing Cultures: Essays on Sound, Listening, and Modernity.

Table Of Contents

Back to Top
Acknowledgments  ix
Introduction. “We Do Not Speak the Same Language”  1
1. Aspirations and Apprehensions: Toward an Anthropology in Law  16
2. The Past in the Present: Copyright, Colonialism, and “The Lion Sleeps Tonight”  62
3. Assembling Tradition, Representing Indigeneity: The Making of the Intellectual Property Laws Amendment Act 28 of 2013  109
4. Circulating Evidence: The Truth about Piracy  174
5. Which Collective? The Infrastructure of Royalties  232
Conclusion. How to Speak the Same Language, or at Least Try To  301
Appendix. Southern African Copyright: The Basics  309
Notes  315
Bibliography  345
Index  371
 

Rights

Back to Top

Sales/Territorial Rights: World

Rights and licensing

Additional Information

Back to Top
Related Links Paper ISBN: 978-1-4780-1896-4 / Hardcover ISBN: 978-1-4780-1632-8 / eISBN: 978-1-4780-2359-3 / DOI: https://doi.org/10.1215/9781478023593