Health department is ‘innocent party’ in using picture without permission

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Advertising watchdog rules in case of photograph being used without photographer's consent

The Advertising Regulatory Board has ruled the health department used a photograph without the photographer’s permission.. Picture: ISTOCK

Nonkazimale Mbanjwa complained after the health department used one of her photographs on some of its billboards on the N1 and N3 without her permission. On the billboard is the photo of a woman and a baby with the claim: “Prevent 6 life-threatening diseases with one vaccine”. “The photographer has now sold her image to various organisations‚ including the advertiser. The use of her image in this advertisement is not with her consent.”

“The complainant entered into a contract with a third party regarding the use of her image and that contract was ex facie breached by the third party‚” the board said.

 

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