South African Music Industry Grapples With AI-Generated Hits and Copyright Uncertainty

A wave of algorithm‑crafted songs is already topping South Africa’s streaming charts, forcing musicians, broadcasters and lawmakers to confront a legal gray area that has never existed before.

Rea Gopane’s amapiano single Suka! and The Second Voice’s international smash Let Me Be both credit AI tools in their production. Together they have racked up millions of streams on Spotify, Apple Music and social‑media playlists, prompting industry leaders to ask: who owns a track that no human wrote, and can it be played on mainstream radio?

"AI does not think for itself; it’s trained from many resources created by humans," said Gabriel Le Roux, keyboardist, composer and producer best known for Mandoza’s hit Nkalakatha. Le Roux, who used an AI‑generated intro for Nkalakatha, views the technology as a support tool rather than a replacement for human creativity.

Advocate Nkateko Maluleke, general manager of The Music Arena Africa, agrees. "AI hasn’t removed the human element and probably never will," Maluleke said. "But it is changing the landscape. We should see it as an opportunity rather than a threat." He cautioned that South Africa’s copyright and intellectual‑property laws have not yet caught up. "There are legal questions around copyright administration, ownership and royalties," he added. "The law is still catching up to the technology."

Under the South African Copyright Act of 1978, a work must be created by a human author to qualify for protection. Because AI systems generate music without a human author, the resulting tracks are not automatically covered by current law. This uncertainty leaves the question of who holds the rights to an AI‑generated song—and how royalties should be split—open. Maluleke warned that using an AI voice that resembles an existing artist could trigger obligations to credit and compensate that artist.

Radio stations have been hesitant to play fully AI‑generated music. Vow FM music compiler and DJ Thabo “DJ Tee” Mosima said broadcasters have yet to reach a consensus on playlisting AI tracks. "We have not really had a serious conversation in radio about playlisting AI music," Mosima said. "That’s a discussion the industry still needs to have."

SABC communications head Mmoni Ngubane explained that the national broadcaster’s stations maintain strict policies that require original human composition. "We maintain strict policies requiring original human composition, guided by authenticity, copyright and licensing and artist development," Ngubane said. "South African music genres such as amapiano, maskandi and Afrikaans pop are deeply rooted in lived human experiences, cultural heritage and storytelling. Preserving this authenticity is central to our broadcasting mandate."

Ngubane also highlighted that the South African Music Rights Organisation (SAMRO) is currently addressing complex issues around intellectual property, fair use and royalty distribution under the forthcoming Copyright Amendment Bill. "Given these uncertainties, our stations avoid airing fully AI‑generated works until clear legal frameworks are established," she said.

The debate extends beyond radio. Streaming platforms such as DigiKlank, Suno AI and Yager Music now host AI‑generated music tailored to African genres—including amapiano, afrobeats and gqom. These services allow creators to generate royalty‑free tracks quickly, potentially lowering production costs for emerging artists.

However, the rapid availability of AI‑generated music also raises fairness concerns. "If we’re going to support AI‑generated music, we have to ask what that means for artists who spend time, money and resources creating music," Ngubane said. "They already compete in a difficult industry — and now they’re competing with technology that can generate millions of songs in a single day."

Mosima noted that most mainstream radio stations remain wary. "The challenge is deciding where we draw the line between music assisted by AI and music created almost entirely by AI," he said. "The current most‑played artist is Credo V Daniels, whose work was not fully AI‑generated."

As AI tools become more sophisticated, the South African music industry faces a pressing need to clarify ownership, royalty allocation and broadcast eligibility for machine‑created works. Until legal frameworks evolve, broadcasters and rights organisations are likely to continue limiting radio play of fully AI‑generated tracks while monitoring developments in streaming and licensing.

The next steps will involve continued dialogue between artists, broadcasters, rights holders and lawmakers. The outcome will shape how South Africa’s vibrant music scene adapts to the growing influence of artificial intelligence.