This work is concerned with an analysis of the copyright protection of musical works. Musical works form part of the categories of works protected under copyright law. It would be easy to dismiss musical works as not warranting a serious study, as would for example, be warranted for “industrial property” rights such as patents and geographical indicators, or more “serious” copyrights such as architectural works and computer software. Such a perspective would however, not be cognisant of the significant contribution that the music industry, as part of the broader cultural and creative industries makes to the global economy. It has, for example, been shown that in 2013, the global cultural and creative industries contributed some US$2,250b, employing some 29,5 million people, with the music industry being one of the top three employers and with its revenues exceeding those of radio.1 A single successful musician can earn in excess of US$100m per annum,2 making the industry ripe for litigious claims. For this reason therefore a consideration of the legal rules that apply to the protection of musical works is crucial. There is currently no clear exposition and systematic analysis of the legal principles applicable to the field of music copyright and no work devoted to the in-depth delineation of the rights and sub-rights relating to musical copyright protection. This study seeks to address this research and knowledge gap by providing a historical and contextual analysis of the protection of musical works. The aim is to provide a complete picture of the milieu of music copyright protection to enable the reader to feel empowered in dealing with the subject-matter. This the writer does by mapping the historical development of music copyright protection in particular from eighteenth century England when the first copyright legislation was enacted, until the enactment of the British Copyright Act of 1911, which signalled the emergence of the “common law” copyright system. The writer then shows how this enactment shaped the development of modern music copyright law, and concludes by presenting a contextual consideration of the current South African law of music copyright and highlighting the challenges it is faced with. / Mercantile Law / LL. D.

The years 1815 to 1867 marked the first protracted period of peace in Nova Scotia’s colonial history. While the immediate effects of peace were nearly disastrous, these years ultimately marked a formative period for the province. By the eve of Confederation, various social, cultural, political, economic, and technological developments had enabled Nova Scotia to become a mature province with a distinct identity. One of the manifestations of this era of community formation was the emergence of a cosmopolitan-oriented music culture. Although Atlantic trade routes ensured that Nova Scotia was never isolated, the colonial progress of the pre-Confederation era reinforced and entrenched Nova Scotia’s membership within the Atlantic World. The same trade routes that brought imported goods to the province also introduced Nova Scotians to British and American culture. Immigration, importation, and developments to transportation and communication systems strengthened Nova Scotia’s connections to its cultural arbiters – and made possible the importation and naturalization of metropolitan music practices. This dissertation examines the processes of cultural exchange operating between Nova Scotia and the rest of the Atlantic World, and the resultant musical life to which they gave rise. The topic of music-making in nineteenth-century Nova Scotia has seldom been addressed, so one of the immediate aims of my research is to document an important but little-known aspect of the province’s cultural history. In doing so, I situate Nova Scotia’s musical life within a transatlantic context and provide a lens through which to view Nova Scotia’s connectivity to a vast network of culture and ideas. After establishing and contextualizing the musical practices introduced to Nova Scotia by a diverse group of musicians and entrepreneurs, I explore how this imported music culture was both a response to and an agent of the formative developments of the pre-Confederation era. I argue that, as Nova Scotia joined the Victorian march of progress, its musicians, music institutions, and music-making were among the many socio-cultural forces that helped to transform a colonial backwater into the civilized province that on 1 July 1867 joined the new nation of Canada.

The years 1815 to 1867 marked the first protracted period of peace in Nova Scotia’s colonial history. While the immediate effects of peace were nearly disastrous, these years ultimately marked a formative period for the province. By the eve of Confederation, various social, cultural, political, economic, and technological developments had enabled Nova Scotia to become a mature province with a distinct identity. One of the manifestations of this era of community formation was the emergence of a cosmopolitan-oriented music culture. Although Atlantic trade routes ensured that Nova Scotia was never isolated, the colonial progress of the pre-Confederation era reinforced and entrenched Nova Scotia’s membership within the Atlantic World. The same trade routes that brought imported goods to the province also introduced Nova Scotians to British and American culture. Immigration, importation, and developments to transportation and communication systems strengthened Nova Scotia’s connections to its cultural arbiters – and made possible the importation and naturalization of metropolitan music practices. This dissertation examines the processes of cultural exchange operating between Nova Scotia and the rest of the Atlantic World, and the resultant musical life to which they gave rise. The topic of music-making in nineteenth-century Nova Scotia has seldom been addressed, so one of the immediate aims of my research is to document an important but little-known aspect of the province’s cultural history. In doing so, I situate Nova Scotia’s musical life within a transatlantic context and provide a lens through which to view Nova Scotia’s connectivity to a vast network of culture and ideas. After establishing and contextualizing the musical practices introduced to Nova Scotia by a diverse group of musicians and entrepreneurs, I explore how this imported music culture was both a response to and an agent of the formative developments of the pre-Confederation era. I argue that, as Nova Scotia joined the Victorian march of progress, its musicians, music institutions, and music-making were among the many socio-cultural forces that helped to transform a colonial backwater into the civilized province that on 1 July 1867 joined the new nation of Canada.