Guest: Dr Layckan van Gensen, Cape Town-based legal expert - Recently obtained her doctorate in Mercantile Law at Stellenbosch University (SU)

If your image (physical image, voice, signature, likeness, etc.) has been used without your consent for commercial purposes, especially in the absence of a contract, proving your case in court would be difficult because South African law does not recognise the existence of a distinct image right.

Because of legal uncertainty, many image rights infringement matters are settled between the parties before reaching the courts. Consequently, our courts do not get the opportunity to develop the common law as required to address these types of infringements.

• South African law doesn’t recognise existence of distinct image right.
• Image rights infringement cases settled out of court due to legal uncertainty.
• An individual’s image has significant commercial value.
• Proposed draft legislation a legal remedy for financial losses.
• Soundbites and photo attached