South Africa Bill Could Jail Exploiters of Musicians

South African musicians could soon have powerful new protections against organizations accused of keeping the money they've earned.

The country's Copyright Amendment Bill, passed by Parliament in 2024, includes tough penalties for collecting societies that fail to pay musicians their royalties. These organizations are supposed to collect money on behalf of artists and pass it along, but investigations have revealed a different story.

The Southern African Music Rights Organisation (Samro), one of the largest music collecting societies, has faced multiple scandals. In 2018, the group was accused of unlawfully deducting royalties from gospel musicians. A 2023 forensic report found about 62 million rand in irregular royalty claims, allegedly implicating Samro executives.

Under the new bill, collecting societies convicted of withholding payments could face fines of 10% of their annual turnover. Individual executives could receive up to five years in prison.

The law would also require all collecting societies to operate under government regulation, ensuring accountability and transparency. Right now, these organizations largely police themselves, leaving musicians with few options when payments don't arrive.

Why This Inspires

This bill represents a rare win for individual creators over powerful institutions. Musicians have long struggled to track where their money goes once collecting societies take control of their work.

The Copyright Amendment Bill does more than punish wrongdoing. It gives artists real leverage by creating consequences that organizations can't ignore. A 10% fine on annual turnover could mean millions, making exploitation far more expensive than honesty.

South Africa's original copyright law was written in 1978 for an apartheid-era country that had just gotten television. It has barely been updated since, making it wildly outdated for the internet age.

The Constitutional Court ruled in June 2026 that the bill should move forward, clearing away legal objections. Yet the President's office has delayed signing it into law despite Parliament passing it twice.

Every day the bill remains unsigned is another day collecting societies can operate without strong oversight. For musicians who depend on royalties to survive, this delay means continued uncertainty about whether they'll see the money they've earned.

When signed, South Africa will join countries worldwide that have modernized their copyright laws to protect creators in the digital age.