Question posted in the Intellectual Property Law category relating to Western Cape
Copyright question incoming. I’ve searched extensively online and haven’t found anything South African related to this question.
-> What is the law around creating drawings/artworks of famous or infamous South African people? (Individuals known in the media- from politicians to criminals)
I know in some states in the US, there is a fair dealing provision when it comes to social commentary but I’m uncertain how it works here.
These drawings would be generating an income - as they would be part of a book.These drawings would be made/inspired from stills of video footage and/or still images. So basically an outline of the person and their features inspired by the images or video seen.
-Is this allowed? What is the copyright law surrounding using the ‘likeness’ of an individual for a work of art?
-When still images are used as inspiration, would permission from the original photographer still be needed? And is payment usually required too?
And last question, if I cannot find the original photographer; what happens then?
I just want to ensure everything is above board before proceeding.
Your time and assistance is much appreciated!
Answer to the Question
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