A Costly Post: Ntando Duma Ordered to Pay R27k in Landmark Influencer Copyright Case

A Costly Post: Ntando Duma Ordered to Pay R27k in Landmark Influencer Copyright Case

In a ruling that sends a clear message to South Africa’s booming influencer industry, the Gauteng High Court in Johannesburg has ordered media personality and EFF member Ntando Duma to pay over R27,000 for the unauthorised use of a professional photograph. The case highlights the often-blurred lines between personal and commercial content in the digital age.

The dispute centred on a photograph taken of Duma by the Johannesburg-based agency Pixel Kollective at a function. The image was originally shot as part of a commercial social media campaign for snack brand Simba. However, Pixel Kollective alleged that Duma later used the same photograph for an extended online campaign between May and June 2021 without their consent.

The Heart of the Legal Dispute

Pixel Kollective took Duma to court, seeking R200,000 in damages. The agency argued that as the copyright holder of the photograph, it would have been entitled to charge a licensing fee for its use. The court had to determine the value of that unauthorised use.

In his ruling, the judge affirmed that photographs are classified as “artistic works” under the Copyright Act and are protected by copyright the moment they are taken, regardless of their “artistic quality.” This established a firm legal foundation for the agency’s claim.

A Reality Check on Damages

While Pixel Kollective presented a detailed claim totaling R200,000which included everything from gear rental fees to hypothetical pan-African advertising coststhe court’s final award was significantly less. The judge meticulously assessed the actual value of the infringement, ultimately ordering Duma to pay R27,644.

This figure likely represents a calculated licensing fee for the specific use of the image, rather than the broader damages the agency had hoped for.

A Precedent for Influencers and Brands

Duma’s lawyer, Mmuso Matlala, indicated that his client is “still considering her options,” noting that the modest award compared to the initial claim “highlights the weakness of their case.” This suggests an appeal is possible.

Regardless of the next legal steps, the judgment serves as a crucial wake-up call. For influencers and public figures, it underscores that professional images are not free for reuse simply because they feature you. For photographers and agencies, it reinforces their right to control and monetise their creative work.

In an economy increasingly driven by digital content, this case draws a necessary line in the sand, reminding everyone that even a single social media post can carry a significant price tag if the rules of ownership are ignored.

{Source: IOL}

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