Ntando Duma ordered to pay over R27,000 in photo copyright dispute
Actress, influencer and EFF member Ntando Duma has been ordered to pay just over R27,000 in damages after being found liable for using a photograph without permission during a social media campaign.
The Johannesburg-based agency Pixel Kollective took Duma to the Gauteng High Court, Johannesburg, demanding R200,000 in damages. The agency argued that one of their photographs, taken of Duma at a function, had been used in a Simba social media campaign without authorisation.
According to court papers, Duma had entered into an influencer services agreement with Simba between May and June 2021. Under the agreement, she was expected to use her social media platforms to enhance the brand’s exposure and reach. One of the deliverables was “one image usage rights” provided to Duma. However, Pixel Kollective claimed that the disputed photograph, captured by them, was used beyond the agreed terms without their consent.
Court’s findings
The court ruled in favour of Pixel Kollective but significantly reduced the damages amount. Instead of the R200,000 claimed, the judge awarded the agency R27,644.
In his ruling, the judge reaffirmed that under the Copyright Act, original photographs qualify as “artistic works” and are protected regardless of artistic quality.
The court also assessed Pixel Kollective’s calculations, which had included a wide range of production and usage costs:
- Production manager fee (including administration, coordination, deliverables tracking, and digital storage): R4,500
- Photography, lighting, and editing costs: R14,600
- Gear fee for using a Nikon D850 DSLR camera kit: R22,366
- Total production value: R41,466
- Agency fee (25% of production value): R10,366.50
- Advertising usage (website only): R12,439.80
- Internet advertising: R29,026.20
- Usage across Africa (125% of production value): R51,832.50
- Damages and legal fees: R54,869
Despite this detailed breakdown, the court ultimately awarded only a fraction of the amount Pixel Kollective had sought.
Response from Duma’s legal team
Duma’s lawyer, Mmuso Matlala, said his client was still weighing her options in light of the judgment.
“Our client is still considering her options, which turn on the same central factor. On the one hand, Pixel Kollective was awarded only R27,644 of the R200,000 they claimed,” Matlala said.
“This outcome highlights the weakness of their case and may trigger the decision to appeal. On the other hand, the modest award may also suggest that the matter should be left to rest.”
Broader implications
The case highlights the growing legal risks influencers and brands face around copyright infringement in the digital space. It also underlines the importance of ensuring that contracts and agreements around image use are clear and respected.
For now, Duma will have to decide whether to appeal or settle the matter, while Pixel Kollective walks away with far less than what it initially demanded.
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