During Apartheid (1948–1994), Black South African creative artists depended heavily on white collaborators to realise and disseminate their intellectual property. While the legally enforced separation of the races did not prohibit cross-racial artistic collaboration, it was strongly disapproved. Political violence, economic constraints, and social disapproval inhibited Black artists’ legal standing, limited their mobility within the country and abroad, and curtailed their access to legal remedies.
Apartheid-era copyright statutes were based heavily on British imperial copyright legislation, which had not anticipated different laws and legal protections. The tension between colour-blind copyright law and a white supremacist regime gave rise to exploitative circumstances. In extreme cases, Black creatives were pressured to surrender control over their intellectual property. More commonly, white collaborators routinely exercised informal or formal legal authority over the artistic production of their Black friends and acquaintances. While some of these relationships worked to benefit all, others resulted in the misappropriation of property.
Drawing on insights from African legal history, critical race theory, and intellectual property, Professor Benjamin N. Lawrance explores the historical context of contemporary struggles to recover the lawful property of Black creatives misappropriated during Apartheid. In his paper, he sheds light on how ostensibly colour-blind copyright law never truly existed.