Hi there!Copyright question incoming. I&...

Asked by LatashaM on 04-08-2022 13:53:42
Question posted in the Intellectual Property Law category relating to Western Cape

Hi there!

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.

To clarify:

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.

My questions:

-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

Posted by Att. Patrick on 08-08-2022 19:37:20

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

I'm happy to assist with your legal question ... and I know a lot about IP law ... but I need you to make a deposit so I can assist you further.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.