Stiff penalties for ‘stealing’ photographs

Businesses and corporations recently found to have unlawfully used photographs of Letsile Tebogo, Botswana’s first Olympic gold medalist in the 200 metres, could face penalties of up to P20,000 or imprisonment for up to ten years, or both under the Copyright and Neighbouring Rights Act.

In addition to these penalties, the court may also order the payment of damages to the photographer, including any profits the infringing party gained from the illegal use of the photographs. This was revealed by Marietta Magashula, CIPA’s Awareness and Communications Manager in an interview with The Patriot on Sunday.

 “These penalties reflect the seriousness with which Botswana’s legal system views intellectual property rights. They are in place to deter would-be infringers and to uphold the rights of creators,” said Magashula.

Botswana’s National Olympics Committee (BNOC) recently issued a stern warning to the violators after several companies circulated congratulatory messages using Tebogo’s images alongside their logos without proper authorization. The BNOC reminded these entities that such actions infringe on intellectual property rights, stressing the importance of obtaining permission before using protected content in promotional materials.

This incident is emblematic of a broader issue regarding the unauthorized use of photographs from sporting events, particularly in relation to the economic and moral rights granted to photographers and copyright holders. As Botswana continues to gain momentum in the world of sports, the question of intellectual property rights surrounding these photographs has taken centre stage. The Companies and Intellectual Property Authority (CIPA) administers the legal framework governing these rights through the Copyright and Neighbouring Rights Act, one of the primary intellectual property laws in the country. While the excitement of capturing and sharing moments from sporting events is understandable, it is critical to be aware of the legal intricacies involved, especially concerning ownership and the use of photographs.

Ownership debate

Photographs taken during sports events can be owned by independent photographers, sporting agencies, or news organisations, depending on the contractual agreements in place. According to Botswana’s Copyright and Neighbouring Rights Act, ownership of these images is automatic; there is no requirement for photographers to register their works with CIPA to receive IP protection. However, CIPA encourages the voluntary and free recordal of such works with the Copyright Office as an additional safeguard in potential disputes.

Magashula underscores the importance of understanding ownership. “The automatic protection afforded by the law is a crucial element for photographers. However, we always advise registering your work with the Copyright Office to provide additional evidence, which could be invaluable in resolving disputes over ownership,” she notes.

Photographer’s rights

Under Section 7 of the Copyright and Neighbouring Rights Act, photographers are granted exclusive rights over their works. These rights include the ability to reproduce, distribute, and publicly display their photographs, as well as the right to object to any use they deem inappropriate.

“These rights aren’t just about control—they are about recognising and rewarding creativity. Photographers invest a lot of time, effort, and skill into capturing those iconic moments. It’s only fair that they have the right to benefit from their work economically,” Magashula explains.

In addition to economic rights, the law also provides photographers with moral rights. This means that any public use of their photographs must credit them, and they have the right to object to any modification of their work that might affect their reputation.

Exceptions, Limitations

Despite the robust protection provided to photographers, there are exceptions and limitations under the law. For instance, photographs can be used without permission for purposes such as news reporting, teaching, or private use, as long as such use does not interfere with the photographer’s economic rights and remains within reasonable limits.

Magashula emphasises the importance of caution in these scenarios: “Even though the law provides exceptions, it’s always advisable to seek permission first. This ensures that there are no misunderstandings, and photographers’ rights are respected.”

Other IP Considerations

While photographs are a significant aspect of intellectual property in sports, they are not the only concern. Trademarks, broadcasting rights, and the protection of innovations and designs related to sporting events are also governed by the Industrial Property Act and the Copyright and Neighbouring Rights Act. This includes everything from the choreography of opening ceremonies to the design of trophies and the music that accompanies these events.

As Botswana continues to showcase its sporting prowess on the global stage, understanding and respecting the intellectual property rights that underpin these events is more crucial than ever. Whether you are a photographer, an organiser, or simply an enthusiast, being informed and cautious will ensure that the excitement of capturing sports moments remains a celebration of creativity and not a battleground for legal disputes.