If one’s image – physical image, voice, signature, likeness, etc. – has been used without their consent for commercial purposes, especially in the absence of a contract, proving the case in court would be difficult because South African law does not recognise the existence of a distinct image right.
This is according to legal expert Dr Layckan van Gensen, who recently obtained her doctorate in Mercantile Law at Stellenbosch University.
Van Gensen, a consultant for Sefume Attorneys and a junior lecturer in the Department of Mercantile Law at SU, examined all the areas of South African law: common law of delict, intellectual property law, constitutional property law, unjustified enrichment, and Protection of Personal Information Act (POPIA), that provide potential protection against the misappropriation of people’s images.
She found that they…