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ARTICLE · 29 JULY 2021

No Copyright Notice? No Excuse.

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All original images and photographs attract copyright automatically. No registration or copyright notice is required for copyright to exist.

South AfricaIntellectual Property

Why Use Of Unlicensed Online Images May Constitute Copyright Infringement.

All original images and photographs attract copyright automatically. No registration or copyright notice is required for copyright to exist.

Owning the copyright in an image means that the creator or photographer holds the exclusive right to reproduce ("copy"), adapt ("modify") and publish that image or photograph. If a third party copies or modifies another person's image or photograph, on for example its website or blog, or in any way distributes, without the consent of the owner of the copyright, copyright infringement occurs.

The owner of the copyright in the image or photo which has been reproduced or adapted by a third party, without the owner's consent, is entitled to compensation for the unauthorised use of their artistic work. This includes, the right to seek an interdict, damages (including penalty damages), costs and delivery up in respect of any infringing works under the

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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