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New study: The dilemma of copyright in the Global South

Copyright and patents provide important rights to artists and inventors. But for countries in the South, intellectual property rights still create problems.

In the Democratic Republic of Congo, copyright often creates more challenges for people than opportunities. Here from the capital Kinshasa.
Eivind Torgersen Freelance JOURNALIST
Presented by: Presented by: Presented by: University of Oslo
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Professionals in creative industries should have some form of protection against others exploiting what they have created, even if it’s not a tangible, physical object. 

In technical terms, this is referred to as intellectual property rights, a catch-all term that includes copyright, patents, and trademarks. 

The history of copyright dates back to the 18th century when, for example, authors grew frustrated with their works being translated into other languages without permission and compensation. 

“Authors lost money when their books were printed in another country. It was essential to provide them with the opportunity to at least earn some money,” says Véronique Pouillard, a history professor at the University of Oslo.

History professor Véronique Pouillard notes that intellectual property rights shouldn’t hold back developing countries, but in practice they often still do.

She has led a research project on the history of intellectual property rights in the creative industries, starting from their establishment in the Berne Convention in 1886. 

Copyright can hinder development in the South

Since then, several new and updated international agreements have emerged. But it's still difficult to find the right balance between protecting creators and making their work widely accessible.

Pouillard identifies two major issues: 

  • Many countries wanted better agreements for their own creative works. There was a strong pull towards protectionism.
  • Uneven development: Countries that were economically weaker, particularly in the South, lacked access to books.

This last point does not only affect literature, music, and the arts. It also impacts access to new technology and life-saving medications. 

“Intellectual property rights should not present an obstacle to developing countries. But in reality, they can, especially when considering patents in medicine and pharmaceuticals. People die because they cannot afford medications,” says Pouillard.

Musicians lose to digital platforms 

In the creative sphere, the research team looked closely at fashion and music. The traditional perception was that copyright was little used in the fashion industry, but heavily used in music. 

“After studying them, we've come to somewhat different conclusions. The fashion industry has invested enormously in trademark rights. Fashion companies view themselves as creative actors, even when what they offer is mass-produced, derivative and highly commercial,” says Pouillard.

In music, copyright has been widely used in the past and still is today.

“Music is a copyright industry, but with the emergence of the platforms, it has become much more complicated,” she says.

The way we listen to music has changed drastically in recent decades, with most listening now happening on Spotify and other digital platforms.

The issue of copyright has not kept pace. 

“Musicians are losing out under the new business model. The platforms favour anything mainstream, giving nothing to the small creators trying to transition from amateur to professional. The disparities have grown enormously,” says Pouillard.

From a public debate on the future of copyright in the music industry at the French Institute of Kinshasa.

The South loses to the North 

Once again, the contrast between the North and South becomes evident. 

Pouillard has studied the music industry in the Democratic Republic of Congo, where a copyright system has existed since the late 1940s, but has been weakened by corruption and political control.

“There are still remnants of it, but the old model no longer works. They face a very weak position against the platform model, compounded by poor infrastructure,” says Pouillard.

A small group of Congolese musicians are famous enough to sell out stadiums abroad. But most others can only dream of that success. And being able to upload music to YouTube doesn’t help if people don’t have access to the platform.

“The problem in Congo and many other countries is lack of access. These are nations where there can also be issues related to electricity, streaming, and infrastructure in general. Artists have very limited access to these platforms,” she says.

She is unsure whether it's possible to create a system that treats smaller players fairly while also meeting the diverse needs of creators in different countries.

“That has not happened yet. It looks like a hopeless situation where those who have already won keep winning. There may be hope, but first, we need to address issues of infrastructure and access,” she says.

Access is more important than copyright 

She thinks it may be smarter to treat different creative fields separately, rather than trying to use one system for all intellectual property rights.

“Copyright can still elevate certain artists, but when we talk about patents, scientific innovations, and technological advancements, it has only favoured international corporations and been detrimental to people in the South,” she says.

Maybe some will need to be encouraged or even rewarded to give up certain rights, like patent waivers, especially for health and technology.

“We in the North should ensure open access for countries in the South. We haven't done enough to curb the power of large corporations and should provide more access to patents, more access to information related to health, and to innovation,” says Pouillard. 

Reference:

Pouillard, V. Copyright Societies and Musicians in the Democratic Republic of Congo: Enduring Infrastructures in Times of Decolonization?, New Global Studies, vol. 19, 2025. DOI: 10.1515/ngs-2025-0006

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