|
Under the current copyright laws of South Africa there are no formal procedures to be followed to obtain copyrights on photos since the photo copyright is assigned automatically if certain requirements are reached.
The requirements for instance, include that of the work falling within the protection category of South African copyright laws and that the photo must be the work from the artist.
Another thing that is needed to automatically copyright pictures is that the artwork has to be a material version. The concept of taking a certain range of photos is not eligible for this right.
The concept must be represented in a material version to be protected. In addition, this work must be unique.
If an artist thus gets an idea about a photo series and shares the idea with another person, who then goes on to take the series of pictures, under the copyright laws of South Africa, the person who took the pictures will be the copyright holder.
The idea thus cannot receive copyright protection, only the material form of the idea.
It is necessary to know that being different from inventions; artwork doesn't actually have to follow the novelty requirements for originality. If an author or artist makes a great effort and has talent, plus time to produce artwork, they can make it original. South African photographers do not have the same privilege as USA photographers.
The one who commissions the picture has the ownership right in South Africa. This is a delicate situation for freelancers, who have to relinquish any rights to their pictures, along with other commissions.
If you are a photographer and require assistance in setting up agreements to ensure protection against copying of your work under the copyright laws of South Africa, contact the intellectual property attorneys of Smit & Van Wyk today.
|
