Smit & Van Wyk, Inc.

Copyright photographs in South Africa

When it comes to the protection of ownership rights of the originator of a picture, there is a lot that can still be done in South Africa.

It is not necessary to copyright photographs through a formal system in South Africa. Fortunately the copyright photographs enjoy is automatically assigned if specific requirements are met.

One of the requirements to copyright photographs automatically is that the artwork must be in material form. The idea of taking a specific range of pictures cannot qualify for this right.

The idea must thus be expressed in material form to enjoy protection. The work must also be original.

It is important to understand that unlike inventions, the artwork does not necessarily have to comply with novelty requirements to be original. If the author or artist puts in a lot of effort and skill as well as time into the production of the artwork, it can be original. The artwork must also fall in the list allowed under the Copyright Act of 1978.

Photographers in South Africa do not enjoy the same protection as their USA peers. In South Africa the person who commissions the picture obtains the ownership right. This is a sensitive issue for freelancers who must therefore step down from any rights to their photos which are commissioned by others.

Fortunately copyright photographs enjoy does also mean, that a clause in an agreement between the photographer and the entity that commissioned the pictures can ensure that the photographer still retains rights to his work.

If you are a freelance photographer and want to retain specific rights to your work get in contact with the lawyers at Smit & Van Wyk to assist.