This thesis provides a critical study of texts associated with Hugh Tracey (1903–1977). Tracey is well-known for his work in African music studies, particularly for his major contribution to the recorded archive of musical sound in sub-Saharan Africa and his founding of the International Library of African Music (ILAM) in 1954. My reading of him is informed by a postcolonial perspective, whiteness studies and African scholarship on ways in which constructions of African identity and tradition have been shaped by the colonial archive. In my view, Tracey was part of a mid-twentieth century movement which sought to marshal positive representations of traditional African culture in the interest of maintaining and strengthening colonial rule. While his recording project may have fostered inclusion through creating spaces for indigenous musicians to be heard, it also functioned to promote racist exclusion in the manner of its production, distribution and claims to expertise. Moreover, his initial strategy for ILAM’s sustainability targeted colonial government and industry as primary clients, with the promise that promoting traditional music as a means of entertainment and self-expression for black subjects and workers would ease administration and reduce conflict. I believe that it is important to acknowledge and interrogate the problematic racial attitudes and practices associated with the history of Tracey’s archive – not to undermine its significance in any way but to allow it to be better understood and used more productively in the future.

This thesis explores the South African Copyright Act No. 98 of 1978 as it pertains to the archived holdings at the International Library of African Music (ILAM) situated at Rhodes University, Grahamstown, South Africa. The purpose of analysing this law is to advise and assist ILAM in fulfilling royalty payment obligations as stipulated in a contract signed between ILAM and the Smithsonian Global Sound (formally Global Sound Network) in 2001. In order to clearly comprehend the scope of the royalty payment clause in the Smithsonian Institution’s contract with ILAM, this research includes an examination of: the history and nature of South African copyright as a sub-structure of intellectual property; specific internationally documented copyright infringement cases; the recording and documentation practices of Hugh Tracey (ILAM’s founder and director from 1954 to 1977); the contract between Global Sound Network and ILAM; and contentious issues surrounding collective ownership and indigenous knowledge. In conclusion, this research suggests equitable solutions to ILAM’s copyright concerns and proposes the Eastern Cape Music Archiving Project (ECMAP) as a practical vehicle to assist the South African Department of Trade and Industry in implementation of the South African Intellectual Property Amendment Bill (2008) if, and when, it is passed.