04 January 2025

Copyright Infringement Resources for SA Photographers

Image Copyright / Intellectual Property Rights for Photographers in South Africa
Image Copyright Resources for South African Photographers
Photography Copyright / Intellectual Property Rights and Infringement Warnings

Copyright Infringement : Using Images Without Permission in South Africa

It is every photographer's own responsibility to be vigilant in terms of images being used without permission and to take the necessary steps to manage / report copyright infringement(s) to the appropriate on and / or offline establishments / advertisers / legal authorities.

Useful Copyright and Intellectual Property Articles - South Africa

Vernon Chalmers Photography Legal Information Disclaimer >>

International Image Copyright Law >>

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.

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)

More Image Copyright Information for South Africa
"In South Africa, photographers' rights are primarily governed by the Copyright Act of 1978 and the Protection of Personal Information Act (POPIA) of 2013 1. Here are some key points to keep in mind:

  • Ownership: By default, the photographer owns the copyright to their images 1. However, if the photos are taken as part of a commissioned work or during employment, the ownership might be subject to specific agreements 1. 
  • Consent: It's crucial to obtain consent from subjects, especially for commercial or public use 1. Without proper consent, using someone's likeness could infringe on their privacy rights 1. 
  • Public vs. Private Space: Photographers have more leeway to take and use photos of individuals in public spaces where there is no reasonable expectation of privacy 1. 
  • Copyright Duration: Copyright in photography lasts for 50 years from the end of the year in which the work is made publicly available or first published 2. 
  • International Protection: South Africa is a signatory to the Berne Convention and TRIPS Agreement, so works protected in South Africa are also protected in other member countries 3.

It's always a good idea to add a copyright notice to your images and keep supporting evidence of your work's progression 2. If you're unsure about specific situations, consulting with a legal professional can provide clarity." (Source: Microsoft Copilot)

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

Copyright Infringement Warning to Cape Town Photographers: Bright Beachside on Woodbridge Island Using a Vernon Chalmers Image Without Permission
Copyright Infringement Warning: Bright Beachside on Woodbridge Island Using a Vernon Chalmers Image Without Permission

Vernon Chalmers Photography Copyright | Intellectual Property Policy View

AI-Generated Photography and Image Copyright Vernon Chalmers Photography

 © Symbol Image: Copyright Free from Pixabay