In a ruling that delivered a fraction of the initial claim, the Gauteng High Court in Johannesburg has ordered media personality and EFF member Ntando Duma to pay R27,644 to creative agency Pixel Kollective for the unauthorised use of a photograph.
The agency had sued Duma for R200,000 in damages, arguing that she used one of their images for a social media campaign for Simba chips without obtaining the proper licensing rights. The photograph was originally taken by Pixel Kollective at an event as part of a commercial shoot.
The court found that Duma’s use of the image for the May-June 2021 campaign infringed on the agency’s copyright. In its ruling, the court affirmed that photographs are protected as “artistic works” under the Copyright Act, regardless of their artistic quality.
However, the judge awarded an amount significantly lower than the agency’s detailed claim, which included items such as a production manager fee, photographer costs, gear rental, and various usage licenses that totaled over R200,000.
Following the judgment, Duma’s lawyer, Mmuso Matlala, indicated that his client is weighing her options. He pointed to the modest award as a central factor in their decision-making.
“On the one hand, Pixel Kollective was awarded only R27,644 of the R200,000 they claimed. This outcome highlights the weakness of their case and may trigger the decision to appeal,” Matlala said. “On the other hand, the modest award may also suggest that the matter should be left to rest.”
The ruling brings a tentative close to a case that underscores the legal risks influencers face when using professionally produced content without explicit permission, even for branded partnerships they are involved with.
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