I play in a local band (The Diesel Whores), and run a small indie label (Gosatango Records), and I am ashamed to admit that most of my album releases have included that clause. I was actually under the impression that South African law operated under the principle of fair use, and its a surprise to find out that this is not so.

Having said that, I seriously doubt whether any court or organisation (RISA et al) would prosecute anyone for having music on their mp3 player if they could prove that they had a physical copy of that music.

I buy 99% of my music in digital form nowadays anyway (from Emusic.com, cheaper than iTunes, DRM Free and available to South Africans). The only downside to this service is that it only includes indie labels, but take a look at their selection and you will probably never want to buy from iTunes anyway.

I think it is a good idea to embrace Creative Commons, specifically with regard to music releases, and I am currently looking at the ideal way to licence our next release. Most musos that I know are big fans of giving at least some of their music away – it almost always leads to better album sales and gig attendance.