The Law as it pertains to Photographers in South Africa (Updated 2015-10-05)

By |2019-01-09T12:15:03+00:0005 Oct 2015|

~ article by John Fox (Original post date 2011-03-17 | Re-posted on 2015-10-05)


The Law and Photography in South Africa

There are very few laws in South Africa that pertain directly to photography. Most laws have to be interpreted to see how they impact on photography. There are three fields that a photographer is most likely to be confronted with, these are copyright, privacy and trespass laws. Few of our laws mention photography specifically but interpretation and application of common sense help us interpret these to find what applies to us.

The only restriction placed directly and specifically on what may not be photographed by government is subject matter classed to be matters of national security, usually meaning military installations or infrastructure which can include police stations, airports, bridges, consulates, border crossings and transportation. This is the only time the act of taking a photo can be deemed as illegal.

 No photography

Copyright Law

Firstly we will discuss copyright law. Copyright only applies to physically manifested work; this can be in the form of a photograph or a digital file. It does not apply to a thought or idea or concept for an image. Whoever ‘reduced such ideas into material form’ will then be the person holding the rights to that work regardless of whether or not it was their concept. The person who holds the rights to an image is therefore its creator, and does not need to be the person responsible for pressing the shutter release on the camera specifically, but rather the person responsible for the artistic input, which includes styling, lighting, sets and composition.

Where South African law differs from international law is in the line “commissioned photographs are owned by the commissioner (client)” This means freelance photographers have no rights to their work.This is a contentious issue that may be covered in further articles and forums. But fortunately this issue can be circumvented by mutual agreement even when it takes the form of a verbal agreement.  The act allows for negotiation of these default terms, and consequently any agreement negotiated comes under contract law which then overrides the Copyright Law.

Copyright is automatic; you do not need to take any action to ensure your photograph is protected by the law. Adding the copyright logo to an image only serves as a reminder that the creator reserves rights on the usage of the image. Secondly it allows interested parties to know who to contact if they want to obtain rights for an image. Marking an image with copyright information should include the copyright owners name, the year the image was first made public or was published, the copyright symbol and which rights are reserved. (These can include all rights being reserved or commercial use, uses other than for educational purposes, print and publication more than a single form of media etc.)

Copyright is valid for 50 years from when an image was made public or the first date of publication.


Privacy Law

Privacy law allows for photographer to take pictures in any public space. You have the right to take photos of anyone or anything if it can be seen from a public area. This includes parks, city streets and sporting events or concerts. This also allows for any private property or buildings to be shot from within the public domain. Any person and member of the public is basically wavering their right to anonymity or privacy by appearing in these areas and are therefore fair subject matter for images. There are bylaws that can result in exceptions to the standard rules but these generally are in place to prevent an area from being used as shooting locations for commercial purposes without prior consent. Member of the public only have rights when they have secluded themselves to a place where privacy is a reasonable assumption. (Changing rooms, restrooms, medical facilities, or inside a private residence)

These laws make it possible for Google to create Google street view. Controversy surrounded the project, especially concerning the height of the camera which enables it to shoot over walls and hedges from its elevated position.

It is generally accepted to use images of people for personal or “fair use” purposes which include news, works of art, satire, politics, informational or educational purposes. Correspondingly any person entering a political career, waivers many of their rights of publicity and privacy as they will be used frequently in editorial, factual or newsworthy purposes without compensation. Any work to be used commercially must have a model release signed even if they are a celebrity or public figure and they were photographed in a public place. An individual has sole rights to their persona being used for commercial promotion. Therefore, unauthorized commercial use of an individual’s name, image, likeness, reputation, or other recognizable aspects of identity would be illegal.


Trespass Laws

Once we leave public domain and enter private property we are subject to their rights of admission. Most shopping centres for example have “no photography’ signage posted at all their entrances and they have the right to revoke access.  Many places seem like public areas but are in fact privately owned like the Cape Town Water Front or Melrose Arch. These centres and their security guards are well within their right to prevent you from shooting within these spaces, and if they wish they are entitled to ask you to leave the premise. They may not however confiscate equipment, destroy images or detain you in any way whatsoever. The only rights they can enforce or charges they can bring upon you, if you do not leave when asked, would fall under trespass law. The act of taking the image is legal the act of trespass is not. This is true for shopping centres, private residence, hotels, businesses, shops and inside a building’s lobby.

Many photographers get upset when security allows many people access to events with personal cameras and cell phone cameras, but intervene when you try bringing in a DSLR camera or they spot a tripod. As soon as they see any kit that is slightly better than your average compact they deny access. Unfortunately any venue that charges you an entrance fee such as a museum or sports ground usually sell tickets with terms and conditions attached. Often this includes “no photography” as a condition of entrance. This can be because they want to control images crossing from the realm of personal use into the area of commercial use. They want to prevent images being published where people have been charged for the privilege of seeing whatever has been paid for. There are also Trademark issues and laws that come into play, especially at sporting events.



You can take a photo of anyone, anywhere as the act of taking a photo is not illegal. There are few exceptions which pertain to government instillations that carry restrictions. The photographer has to carry out his shoot being mindful not to infringe on others right to privacy, accommodate trespass laws and should be cognisant not to infringe on the copyright of other artworks. Bearing in mind the taking of photos and the publishing of photos are two separate issues.


A hypothetical case study, “are you allowed to photograph children?”

The question I get asked most often is “are you allowed to photograph children” or “can you take photos at a school” and many other variations along those lines. Essentially this is a matter which falls under the privacy law umbrella.

I was lucky enough to attend a talk recently by Emma Sadleir who practices social media law and is a co-author of the book “Don’t Film Yourself Having Sex… And Other Legal Advice For The Age of Social Media”. Her presentation raised some interesting perspectives on individuals’ expectations of privacy, and how subjective they can be. I have always maintained you can shoot anyone in a public space, they have effectively forfeited their expectations of privacy by being there. As always, it is not really as simple as all that.

My take away from the session was a realisation of how easily an expectation of privacy can be reinstituted, which I had never considered before. Privacy is so subjective and individual. If a person expresses a wish for privacy, the very act of stating that desire, affords protection. You may not invade someone’s privacy, once they voice a desire it becomes impossible for you not to transgress. I don’t think there is a court of law that will support the photographer once an individual has stated their objections. As a photographer you will have to oblige and cease shooting them as you will have no legal standing. This means that if there is any confrontation arising from the act of photographing a child, the photographer must back down.  

In theory, you do not need any special permission to take photographs of children. In practice you do need permission from a parent or legal guardian to use those images for any commercial gain. This is further complicated by the broad and far reaching interpretations of “commercial gain”. If displaying an image improves your standing as a photographer, even this can constitute as “commercial gain”. In fact, it may as well be translated to, if you would like to do anything with those images, you will need signed permission.

Similarly, we can apply these principals to shooting on a school premises. The question that needs to be answered is, “is there a reasonable assumption that there is a certain amount of assumed privacy within the school premises.” I would assume that there is an expectation from the parents that their children’s privacy is secure at the school, especially as it is not a public space. So you would need special permission granted by the parents to have that assumed privacy “invaded”. Leaving names off the images will not help, if the person is identifiable in the image, even if from behind, you have trespassed their right to anonymity. If anyone confronts you on the act of taking pictures, you will need to cease as the law will not favour you as the photographer.

In summary, while the letter of the law allows you to photograph children, you will need to stop immediately when confronted with any objection, no ifs, ands or buts. Pack up, you are done.



Since the posting of this article we have received many emails from readers seeking help. Unfortunately my ability to assist is very limited. If you are seeking legal advice, please contact Gary Boruchowitz who is an entertainment lawyer and will be able to assist with the subject matter covered in this article and most other legal concerns.



Information on South African Copyright Law can be derived from the COPYRIGHT ACT NO. 98 OF 1978, section 21 deals specifically with ownership. Disclaimer: I am not a lawyer and have no legal training. This document is to be used as a guide only and has no legal credence. 



“I am not a lawyer and have no legal training. This document is to be used as a guide only and has no legal credence”  – John Fox

About the Author:

John Fox
I enjoy doing detailed work as it requires concentration and silences the world around me. This drew me to the technical challenges of macro photography where I can happily lose hours while tinkering. The quest to shoot natural objects with a patience and dedication to honour their inherent beauty has also led me to explore fine art photography.


  1. Isabel Oosthuizen 2019/01/28 at 12:56

    Can any one take a photo of your vehicle who stand unlleagal on a parking and post that on a what sup group

  2. Rina 2019/01/15 at 01:07

    I have just found out a photo of a person I have photographed have been published in a large publication, not only have neither me nor the client gave permission, but it also resulted in the client having to flee for safety, as the article is of sensitive matter.

  3. Danie Bester
    Danie Bester 2018/11/06 at 07:26

    You should get permission from the respective publishers and photographers. What about searching on Social Media too? There are many people on Facebook who regularly post their images from the war in Angola. Getting high-res photos and written permission might not be too difficult as you can contact them directly via private message or a simple telephone call.

  4. rob 2018/11/05 at 11:31

    Hi all

    I am a new author writing a book of my stint in Angola. I don’t have many of my own pictures from then as it was illegal to take picture at the time.

    31 years later I am sitting with the problem of wanting to finish this book but im not sure if I can use picture from the World Wide Web taken back then under illegal conditions.

    do they hold copyright and can I use them or not with or without permission of the owner of the picture?

  5. Daniel Reddie 2018/10/10 at 13:38

    Who and whom you may or may not photograph is a contentious issue that needs to be clearly addressed by the laws of the country negotiated by the P.S.S.A.(Photographic Society of South Africa), SAPP (South African Professional Photographers) and any other clubs, businesses, Universities/Colleges on behalf and representing all amateur and professional members (photographers) of their societies, all affiliated Photographic Clubs and the general public at large.
    The issue needs guidelines to present clearly the parameters allowed by photographers rights and the protection of the young, innocent.and uninformed public.

  6. Esbee 2018/09/03 at 17:23

    Hi guys i am a photographer and i have been working with one of the biggest artist in south africa that recently passed away. I just want to find out how to register the rights of my work because i have a registered company.PLEASE ADVICE ……

  7. Jochem van Bruggen 2018/04/25 at 11:57

    Is above somewhere in a published document, like a goverment Gazette?

  8. African Stock Photos 2017/11/17 at 06:18

    Thanks for sharing the information. It will help us to know the law and we can work based on it for protecting the rights of us and our photography objects. Especially the privacy of the People photos of Africa can be preserved by the law.

  9. Mel johnstone 2017/10/22 at 19:50

    I am a very concerned teacher in a private preschool and one of our teachers recently resigned and was released from her duties however she is posting photos of the children with their names on her WhatsApp status is this legal

  10. Danie Bester
    Danie Bester 2017/09/20 at 07:11

    Your question has no bearing on this post, which is about copyright. However, to shed a bit of light on your question; there is no law against editing or altering pictures per say; but altering a photo in order to misrepresent the state of a product it is wrong and unethical.

  11. daniela leigh 2017/09/19 at 17:57

    Hi property photography – are photographers allowed to photoshop eg; grass into the photographs ( if garden died) what is the law in altering pictures in south africa? thank you

  12. boxito 2017/08/13 at 10:42

    Is one allowed to take videos or photos at the park or any public place?

  13. lunga 2017/08/10 at 06:17

    can you take a photo of someone without their consent? is that right?

  14. Bex H 2017/08/02 at 10:29

    Thank you for the information posted in this article. It was presented so clearly.

  15. Peter 2017/07/01 at 10:25

    Copyright is valid throughout the life of the copyright owner and proceeds for a further 50 years after their death.

    I stand to be corrected.

  16. Sandra 2017/06/26 at 11:48

    I would like to know if there is a way of stopping my children’s teacher taking pictures of them, my one child feels terribly intimidated by it and threatened, she has requested that the teacher stop and the teachers reply is there is no law stopping me from taking pictures of you.

  17. Johnny 2017/06/25 at 12:34

    Great article thank you! I have a specific question pertaining to transfer of copyright of a photo that I paid a photographer for. After paying, do I now have the legal right to change the format (print into digital) and to use that photo on social media, for non profit reasons? We did not sign any agreements to the contrary…

  18. Stephanus Venter 2017/02/08 at 09:45

    If as a member of a community police forum patroller you take photos of a fire scene or crime scene for further reference , are you allowed to do so ? If so what kind of photos are you allowed to take and who can stop you for what reason . ( act and year )

  19. Danie Bester
    Danie Bester 2016/12/19 at 12:25

    Denis, unfortunately, as our articles says, we’re in no position to offer any legal advice; especially in terms of commercial and civic issues. We recommend you find a lawyer who specialises in these type of issues.

  20. Denis Booysen 2016/12/19 at 09:24

    We are s home owners association and want to put security cameras looking at our two beach access points to the town. This is the access point for all the theft we have. The municipality says that they will not give us permission for the cameras to cover the public beaches as it violates the public’s privacy. We believe we have a right as the home owners to install the cameras and improve our security in the town. Could I have your view on this . Thanks Denis Booysen

  21. Geoffrey 2016/12/06 at 18:14

    A local municipality is using my picture on their posters to advertise their services without my permission, Can I demand a compensation from the municipality?

  22. Massimo 2016/10/03 at 06:39

    Good day My name is Massimo

    My question to you is that if i am a photographer and i worked under a non registerd but private company and i was the director of this company too… And i leave the company…Are the photographs still considered as mine or does the company keep it… I do not want the other director using my images for his personal advertising…. What steps or procedures need to be put in place?

  23. Robyn 2016/08/29 at 12:25

    This article is great. Just to clarify – is it legal to take pictures inside of a government hospital if no people are visible? (There are no photo signs but I assume it’s to protect people and private information so if none of it is visible, is it still illegal/legal?)

    Thanks 🙂

  24. Danie Bester
    Danie Bester 2016/05/12 at 16:55

    Not sure Graham. I know by law, you are not allowed to photograph certain Government Institutions like Prisons, Military Bases etc. without prior written approval from the relevant ministry. I guess the best way to find out is contacting the relevant Department.

  25. Graham 2016/05/11 at 13:23

    Hi – are you allowed to photograph dam walls, or is that something you need permission from a relevant authority?

  26. Danie Bester
    Danie Bester 2016/04/26 at 09:17

    As we said – we are in no position to give any legal advice and I recommend you contact your lawyer.

  27. elisr 2016/04/14 at 12:01

    Can neighbours take photos of my friends cars without there knowledge. He’s been doing it always if I get visitors of a certain race. I’m a coloured lady and he’s white. Its becoming annoying and can I send him a lawyers letter.

  28. Danie Bester
    Danie Bester 2016/03/09 at 19:51

    No Mehloti. Photographing a Prison in South Africa is against the law. You need special permission from the Commissioner of Correctional Services

  29. Mehloti 2016/03/03 at 09:43

    Are you allowed to take photographs of prisons if you are an architecture student?

  30. Danie Bester
    Danie Bester 2016/02/15 at 08:45

    Unfortunately we are in no position to provide any legal advice.

  31. Kwethemba Madida 2016/02/15 at 07:24

    Thanks for this great article I still need a bit more advice though about an incident that happened to me. I was photographed by someone in a supermarket and discovered that the person was sending the pics to someone else via what’s app. The person is a foreign national and I feel he invaded my privacy can I take legal action against that person?

  32. Tanya 2016/01/29 at 13:26

    I took a photo in a restaurant at a party where I was the photographer. The furniture in the restaurant is one of my client’s. I photograph their furniture.

    They would like to use the photo in a magazine for an advertisement.
    Am I allowed to give it to them? How much should I charge them?
    Do I need permission from the restaurant and the client who’s birthday party it was?

    There are no people in the photo.

  33. CJ 2016/01/23 at 11:30

    What can I do if one of my photos was stolen for commercial use (A large and well known company used my photo to advertise the company in magnetizes, expos and even on their mailers) We had an agreement that if they used my photos that they will compensate me for it and that I will receive full recognition. To my surprise they took my photos and published it for their advertising purposes over a year, with out me knowing or receiving any compensation or recognition.

    What proceedings does one follow. They signed contracts and contract with my photos, and I did not even get recognition for it so that I could build my own reputation and client list.

  34. Michel 2016/01/20 at 22:41

    Can i ask someone to remove pictures i took ( for my business adverts) thats being used on her facebook page?

    They products the same… but i took the photos in my home?

  35. Candice 2015/12/30 at 22:14

    I have just opened a photography business. I am a South African but now live in Reunion Island. In order for me to get some experience I did some free photoshoots a few years ago. I have started a Facebook fan page for my photography while I am in the process launch my website and I just received a very rude message from one of the people asking why I did not ask consent to use the pictures? And if I was going to pay him for his modeling?
    I reminded him that the photoshoot was for free and that the images are mine to use as I please! Is this correct?

  36. Sean Thompson 2015/10/05 at 16:18

    Thanks Danie – that was very interesting

  37. Rene Maritz 2015/08/03 at 07:27

    Thanks so much Danie Bester! Much appreciated.

  38. Danie Bester
    Danie Bester 2015/07/31 at 08:37

    Rene, it is a fact that not many theater and musical shows don’t allow you to take photos. If they don’t want you to take photos they have the right to prohibit you. I guess that putting the images on Social Media would mean free marketing for them, but then again, some photographers abuse it and use images for commercial purposes etc.

  39. Rene Maritz 2015/07/29 at 15:24

    Hi there. I went to watch a show at a Cape Town theatre and took photos from my seat in the audience – without using a flash. I however didn’t ask permission. I was reprimanded after sharing the photos on social media. Is it illegal to take photos of a show at a theatre? Thank you most kindly.

  40. John Fox
    John Fox 2015/05/17 at 16:03

    The question that needs to be answered is, “is there a reasonable assumption that there is a certain amount of assumed privacy within the school premises.” I would assume that there is an expectation from the parents that their children’s privacy is secure at the school. So you would need special permission granted by the parents to have that assumed privacy “invaded”. Leaving names off the images will not help, if the person is identifiable in the image even if from behind, you have trespassed their right to anonymity.

  41. Creche Website 2015/05/13 at 22:10

    I am working on a website for a small preschool. I was wondering what the law would be regarding taking pictures of the playground or extra curricular activities which may show the children’s faces. Is this allowed? Would I require permission from the parents? Some countries allow pictures of children so long as that their name is not associated with the picture.

    Thanks in advance,

  42. John Fox
    John Fox 2015/04/08 at 00:00

    If you are at an event with a large number of people at the invitation of your hosts, which has also been extended to the photographer, you have chosen to forfeit a fair amount of privacy. Assuming there is a contract in place between the wedding couple and the photographer, they may use those images to promote and advertise themselves and their services. What they cannot do, is commercially license images with your face in them without your written consent. They are not likely to even try, that is not the business they in.
    I don’t think you should assume photographs taken these days, by any person, will not find their way to public websites.

  43. Curious 2015/04/07 at 15:34

    What happens in teh event of attending a wedding adn being part of the bridal party assuming the pictures were for private viewing only but the photographer posts the pictures on her website for commercial use and refuses to take down the picture even though you were not part of the bride and groom only the bridal party and assumed that they were for private use and not going onto public websites?

  44. Zahne 2015/02/12 at 17:25

    great article, I was wondering if the same laws apply to taking pictures of police officers? I could not find anything so your input would be appreciated

    thanks in advance

  45. Danie Bester
    Danie Bester 2014/06/04 at 17:20

    I am not a lawyer, but certainly NO!

  46. Jacob buckle 2014/06/04 at 11:45


    Can a person ,walk into a shop and take photographs of the stock in the shop?

  47. Tina Kroll 2014/01/23 at 10:20

    Hi. A few years ago I photographed the year end “nativity concert” at a nursery school in Johannesburg, resulting in some beautiful shots of pre-school kids. Unfortunately I have no way of contacting the parents for signing a model release form. I would love to publish some of these pictures on my stock-photo site which I am currently designing, but I am not certain that this is legally correct. What I have thought of doing, is to display them, but make a note that they are not for sale and may not be used commercially and that any legal guardian who objects to them published on my website,should contact me and I will remove the respective image. My display pics are presented at 800pixel width and could therefore easily be used on websites and my logo removed. Not all people are honourable … so I am unsure as to whether or not I should take the risk. I would appreciate your opinion on this.
    Thank you.

  48. Danie Bester
    Danie Bester 2014/01/17 at 08:36

    @ James.

    It is interesting to hear a story from the “other side”. One thing is for sure, you will never ever use the photographer again! If you’ve commissioned and paid a photographer for a job, they should deliver. End of story! Not setting the conditions and terms beforehand was a big oversight though. When I quote a commercial client, I transfer usage rights to them according to their requirements and I include it in my quote. Next time, I am sure you will make sure, the documentation is in place before you spend the money. I really feel sorry for you. People like you, put bread and butter on our tables and some photographers should think a little bit further.

    Unfortunately, I am not able to comment on what steps you should take legally. I simply don’t have the legal knowledge or experience. I am nevertheless making reference to a keen student of us, who is a lawyer, specializing in intellectual property and copyright law. Hope he will pick up on this.

    Keep us posted on the outcome please.

  49. Danie Bester
    Danie Bester 2014/01/17 at 08:21

    @ Albert. As far as I know, minors in South Africa is under 18, but please note that we clearly stated in the article that we are under no circumstances legal experts and I recommend you find proper legal advice. I simply cannot offer you legal advice; I don’t have the credentials.

    My personal opinion however, is that I wouldn’t want any person to photograph my kids randomly and without consent. For me it is an ethical situation rather than a legal one.

  50. James 2014/01/16 at 21:11

    Thank you for the article. I enjoyed how it gave a simple version of the Copyright Act for SA spelt out. I am dealing with an issue where we commissioned a photographer to do a big 2 day shoot for us. We did the models, hair, makeup, styling, venue, service providers, storyboard etc….The agreement and terms and conditions were laid out afterwards. After the shoot, she refuses to hand over the images stating that she is the copyright owner. Then for the last 3 months hides behind her attorney who protects her. Despite sending them the copyright act, the sections and clear stipulation on the creator and commissioner they refuse to acknowledge and hand over the images. My question is where to from here? Civil court is costly and attorneys are a headache as they purposefully want to rack up charges even on what is straight forward presented precedence such as the SA copyright Act which places examples in it. One of the few acts to do so. I tried approaching the Copyright Tribunal which is free but was told by the Companies and Intellectual commission that their jurisdiction only lies in licensing issue related matters and not in ownership.

    Your advice on how to has this matter quickly resolved will be appreciated. Our current strategy is to write it off and go after the photographer in the small claims court on multiple counts. What are your thoughts?

  51. Albert 2014/01/16 at 16:19

    I have read your article and understand what you are saying, but where do we as photographers stand regarding the law when photographing minors – children under a specific age? Under what age does children classify as minors?

    Kind regards
    Albert Ward

  52. Danie Bester
    Danie Bester 2014/01/10 at 04:51

    You’re right Jan. I worked as a Correctional Officer before I went full time photographer. Rather not take the chance. The other day we nearly landed up in trouble shooting in front of the Reserve Bank in Newtown.

  53. Jan H Stander 2014/01/09 at 20:07

    122. Unauthorised entry at correctional centres and communication or interference with inmates
    Another prohibited is a prison/correctional centre. Section 122 of the Correctional Services Act, Act 111 of 1998, reads –

    “Any person who without lawful authority –
    (a) …
    (b) …
    (c) …
    (d) has in his or her possession or publishes a sketch, diagram or photograph of a correctional centre or part of a correctional centre or any security system relating to the detention of inmates in order to undermine the security or secure detention of the inmates,

    is guilty of an offence and liable on conviction to a fine or, in default of payment, to incarceration for a period not exceeding four years or to such incarceration without the option of a fine or both. (Commencement date of s. 122: 19 February 1999)”

    Yes, there is a qualifier: ” in order to undermine the security or secure detention of the inmates,”

    But I would rather not take the chance!


  54. Improving your Street Photography 2014/01/07 at 21:15

    […] Want to learn more about the Law and Photographers, then make sure you read John’s article on the DPC Blog, “The Law as it pertains to Photographers in South Africa”. […]

  55. Danie Bester
    Danie Bester 2012/08/20 at 08:23

    @ Mandi

    Did you give any conditions for them to use the image? It seems that you gave them permission to use the image, but did not give them any conditions i.e. that your name / logo should accompany the image at all times. They’re obviously in the wrong by removing your logo, if it was supplied by you like that. You should ask them to take it off and no longer use it.

  56. Mandi 2012/08/17 at 17:17

    Please advise me on the following : I take surfing and kitesurfing pics. I put a number of photos on my photography page on facebook and was contacted by Peter Lynne Kiting, asking if they could use a particular photo for a banner they wanted to make, for a European Kiting contest. I said yes and supplied them with the hi-res file as requested. I have just seen the banner that was made, and is being displayed at the European Kiting contest and my logo has been removed. Is this legal at all? I’d appreciate any kind of information you could provide. Many thanks! Mandi Ireland

  57. John
    John 2012/06/05 at 08:10

    The reason the Kruger National Park, and others, state that you may not shoot commercial photography has nothing to do with privacy laws, trespass law or copyright law. So that leaves only commercial gain. They want to make money, they want their share of the pie. So if you visit SAN Parks on their website you can find the related documents to apply for rights.

    They have two documents available for download, the Tariff sheet and application form.

  58. Allan Penderis 2012/05/19 at 17:02

    Have seen signs in game reserves (Kruger National Park and other) prohibiting commercial photography. Do have any comments on this? How does one go about getting permission to commercially make use of the pics taken at these places?

  59. Allen Schultz 2011/12/14 at 08:54

    Ja, that’s all correct, I researched the same 2 years back, took awhile. Nicely put together. Us SA photogs have to be careful. Thx John.

  60. Paul Watson 2011/12/14 at 07:28

    I hope you don’t mind , but Malema and his buddies have been given your address. They want to discuss photography laws with you….LOL

    Seriously cool , article. Always been shooting in the dark when i comes down to law..

    I would like to see and article pertaining to ones own Images. What course does a photographer take if his image is taken from the internet and used in a private setting ( ie. Photo lifted and printed for a wall ) . Do we waver our rights by placing our images on the internet ? Even though there is a copyright on the website ?

  61. SMITH 2011/09/23 at 08:23

    hi there, very helpfull info thanx!

    please assist, ive been doing photography (studio, portrait, weddings) for friends and family as ahobby. then due to work circumstances, i later bought better equipment, and started a small “studio” at home, and asked a ‘fee’ for photosessions.

    what rights do i have regarding using these images for advertisement of my “home grown business” and what do i call myself then? photographer, or freelance, or what? please assist. kind regards

  62. janaalt morren 2011/07/31 at 19:24

    very informative, have had a few instances where security guards wanted to stop me and got quite forceful..

  63. Andrew Lanham 2011/07/03 at 17:31

    If you are a press photographer, it is obviously legit to take and use a picture of someone without them signing a model release?

  64. G-Boy 2011/06/28 at 10:05

    thanks that’s a really nice, informative article. There really are lots of opinions amongst photographers that i have spoken to about these matters. Most of them never really seem to know what is fact and what is not.

  65. Alex Verhagen 2011/04/12 at 20:06

    Highly informative. Many thanks

  66. Richard Nash 2011/03/27 at 19:48

    Great article. Thanks

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