The Lens of Law: A Guide to Copyright Issues for Photographers

Welcome to IPSERIES, the podcast that explores the legal and ethical issues of intellectual property in Africa and beyond.

In this episode, we talk about Photo Fight: How Photographers Can Defend Their Rights and Revenues. We discuss three cases that illustrate the different aspects of this issue: the Wakanow case, the Daily Sun girl, and the Andy Warhol case.

The Wakanow case is about a professional photographer from Lagos who goes by the name Owusi’s Lens has accused Nigerian travel company WakaNow of violating his copyright. The photographer claims that WakaNow improperly utilized one of his images from the Southeast Ofala juvenile funfair. The picture was taken at Zik Roundabout in Onitsha, Anambra State, during the Otala Festival as a group of young people participated in a traditional parade.

The Daily Sun Girl is about a Nigerian newspaper that published photos of glamour models on its third page without crediting or paying the photographers. The newspaper argued that it had a license to use the photos from a UK-based agency, but the photographers sued for infringement and won.

The Andy Warhol case is about a US Supreme Court ruling that the late pop artist infringed on the copyright of a photographer when he created a series of silk screens based on a photograph of the singer Prince. The court rejected the argument that Warhol’s work was sufficiently transformative to qualify as fair use.

These cases show how photographers can face challenges in protecting their work from unauthorized use and exploitation, but also how they can assert their rights and seek remedies under the law. They also raise questions about the balance between artistic freedom and respect for originality, as well as the impact of technology and globalization on the creative industry.

If you are interested in learning more about these topics, please watch our podcast episode on Photo Fight: How Photographers Can Defend Their Rights and Revenues. You can find it on our YouTube channel or our website. Don’t forget to like, comment, share, and subscribe. You can also send us your feedback or suggestions for future topics at ipseriesinfo@gmail.com.

Thank you for watching and stay tuned for more episodes on intellectual property.

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