Image Copyright / Intellectual Property Rights for Photographers in South Africa
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| Photography Copyright / Intellectual Property Rights and Infringement Warning |
Copyright Infringement : Using Images Without Permission (in South Africa)
Useful Copyright and Intellectual Property Articles (South Africa)
- Copyright does not need to be registered in SA Smit & Van Wyk
- Copyright Infringement Article Mail and Guardian
- Copyright Laws and Regulations South Africa 2024 ICLG
- Copyright Laws in South Africa: A Comprehensive Guide Barter McKellar
- Copyright Rules by Territory: South Africa Wikimedia Commons
- Exploring Photography Rights in South Africa MJM Attorneys
- How to Copyright Your Work. Article Adams and Adams
- Intellectual Property Law News in South Africa GOLEGAL
- Intellectual Property Law in the Digital Age Bailey Haynes Inc
- Introduction to Copyright for Small and Medium-sized Enterprises WIPO
- No Copyright Notice. No Excuse. Article Adams and Adams
- Protecting Intellectual Property Simon Dippenaar & Associates
- Protecting Intellectual Property South Africa International Trade Administration
- SA Copyright Act as Published (PDF) in the Government Gazette www.gov.za
- Social Media (images) and the South African law Cavanagh & Richards Attorneys
- The Law and Photography in South Africa DPC
- The Role of Intellectual Property rights' protection in advancing development SA Scielo
- Think Twice Before Using an Image from Google DKVG Attorneys
- Understanding The Copyright Legal Framework Modern Marketing / Spoor and Fisher SA
- Use of Photos & other Materials including Children Children’s Rights Centre & Childline SA
- What are Image Rights and how are they Protected in South Africa? Adams and Adams
- Who Owns the Photograph - You or the Photographer? MJM Attorneys
- Who’s using you? Photography, your face and your rights Canon (SA / Europe)
Copyright Law Applicable to Photographic Images South Africa
In South Africa, copyright law regarding photographic images is quite specific. Here are some key points:
Copyright Ownership: In South Africa, copyright automatically vests in the photographer once the photo has been created in material form. However, if the photograph is commissioned, the person who commissions the photograph obtains ownership 1.
Duration of Copyright: A copyright is valid for 50 years from when the image was first made public or first published, whichever is longest 2.
Rights of Freelance Photographers: There is a contentious issue where commissioned photographs are owned by the commissioner (client), meaning freelance photographers may have no rights to their work. This can be circumvented by mutual agreement, which then comes under contract law and overrides the default terms of the Copyright Law 3.
Use of Photographs: Photographs taken for personal use, news reports, art, information, education, and politics are generally within the rights of the photographer. However, commercial use requires signed model releases, even if the subject is a public figure or celebrity photographed in a public place 2.
These points highlight the importance of understanding and negotiating copyright terms, especially for photographers in South Africa. For more detailed information, it’s advisable to consult legal experts or refer to resources provided by photography associations and legal advisories in South Africa. (Source: Microsoft Copilot 2024)
Overview of Copyright Law, Intellectual Property and Litigation
An overview of intellectual property, copyright infringement(s) and litigation possibilities are discussed at every photography training session I facilitate in Milnerton / Woodbridge Island, Cape Town (or elsewhere).
Below are links to posts I have created here on the Vernon Chalmers Photography website of advertisers / establishments / institutions / websites using Vernon Chalmers Photography images without permission and / or prior arrangements.
The latest Vernon Chalmers Photography (Woodbridge Island / Milnerton Lighthouse) Images used Without Permission is the Lighthouses South Africa website.
Other local / international websites (mainly accommodation, travelling / tourism and advertising) using / used a Vernon Chalmers Photography image without permission (links to posts on this website)
Original Posts are all on the Vernon Chalmers Photography website
Example Copyright Infringement
Attached Image: As used / amended by the Airbnb establishment
<<Bright Beachside on Woodbridge Island Using a Vernon Chalmers Image Without Permission: Bright Beachside En-suite on Woodbridge Island Using a Vernon Chalmers Woodbridge Island / Table Mountain Image Without Permission
It came to my attention that Bright Beachside En-suite on Woodbridge Island at www.airbnb.com is using a Vernon Chalmers Woodbridge Island Milnerton, Cape Town copyright image without permission.
When visiting the Bright Beachside En-suite on Woodbridge Island website the Vernon Chalmers Woodbridge Island Milnerton, Cape Town image is located on the View Photos section listed on the main image on the the www.airbnb.com website.
This is the Woodbridge Island image that was taken by Bright Beachside on Woodbridge Island without permission from a Vernon Chalmers website in Cape Town, South Africa. >>
www.vernonchalmers.photography/2018/03/bright-beachside-on-woodbridge-island.html
© Symbol Image: Copyright Free from Pixabay
- Bright Beachside Woodbridge Island Bright Beachside Woodbridge Island
- Brownie Points Africa Brownie Points Africa
- African Sports Travel African Sports Travel
- DigiMac Photography DigiMac Photography
- East Cape Tours Eastern Cape Tours
- Frame a Trip Frame a Trip
- Go Traveller ZA Go Traveller XA
- Grand Plateau Voyage Grand Plateau Voyage
- Gumtree (Accommodation Milnerton)
- HolidayAprtments.co.za Holiday Apartments
- Kingfisher Island Kingfisher Island
- Lighthouses South Africa Lighthouses South Africa
- Lion Mountain TV Lion Mountain TV
- Parker Cottage Cape Town Parker Cottage Cape Town
- Property24 Property 24
- Rebecca Harris Rebecca Harris
- Safari365 Safari365
- SafariNow SafariNow
- South Africa Living South Africa Living
- Tracy Trust Property Tracy Trust Property
- Wet and Dusty Roads Wet and Dusty Roads
Original Posts are all on the Vernon Chalmers Photography website
Example Copyright Infringement
Attached Image: As used / amended by the Airbnb establishment
<<Bright Beachside on Woodbridge Island Using a Vernon Chalmers Image Without Permission: Bright Beachside En-suite on Woodbridge Island Using a Vernon Chalmers Woodbridge Island / Table Mountain Image Without Permission
It came to my attention that Bright Beachside En-suite on Woodbridge Island at www.airbnb.com is using a Vernon Chalmers Woodbridge Island Milnerton, Cape Town copyright image without permission.
When visiting the Bright Beachside En-suite on Woodbridge Island website the Vernon Chalmers Woodbridge Island Milnerton, Cape Town image is located on the View Photos section listed on the main image on the the www.airbnb.com website.
This is the Woodbridge Island image that was taken by Bright Beachside on Woodbridge Island without permission from a Vernon Chalmers website in Cape Town, South Africa. >>
www.vernonchalmers.photography/2018/03/bright-beachside-on-woodbridge-island.html
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| Copyright Infringement Warning: Bright Beachside on Woodbridge Island Using a Vernon Chalmers Image Without Permission |
Latest Vernon Chalmers Photography Image Used Without Permission - Lighthouses South Africa
© Symbol Image: Copyright Free from Pixabay
