Actress and influencer Ntando Duma has been ordered by the Gauteng High Court in Johannesburg to pay R27,644 to a photography agency for using a picture without permission.
The case was brought by Pixel Kollective, which claimed that Duma used one of their photographs in a social media campaign for the brand Simba without authorisation. The agency had initially sought R200,000 in damages.
The court found that while Duma had an agreement with Simba, the specific use of the photograph taken by Pixel Kollective infringed on the agency’s copyright. The judge affirmed that photographs are protected as “artistic works” under copyright law.
However, the court awarded a significantly lower amount than what was requested. Pixel Kollective had presented a detailed breakdown of costs totaling over R200,000, but the judge deemed R27,644 to be appropriate.
Duma’s lawyer stated that they are considering their options, including a possible appeal, noting that the modest award highlights the weakness in the agency’s case.
This ruling underscores the importance of clear agreements regarding image rights for influencers and brands in digital marketing.