Phakalane faces copyright infringement accusations

Mpho Tlale | Monday June 16, 2014 06:59

 

She said the bride in the picture alerted her of the infringement. She said the bride called to ask her if she had authorised the use of the picture because she herself did not. The Golf Hotel used the picture in question on flyers and Facebook last year to advertise the venue as the ultimate wedding experience. Apart from the main picture there is another image in the same flyer, which Loewen said is hers taken from a separate wedding that she covered. 

She said when she was first made aware of the alleged infringement, she was in Canada and could not address the issue until mid August last year when she came back. She said when she arrived she sought legal advice on how to handle the matter and was requested by the lawyers to prove that indeed the images are hers, which she did.

She then approached the golf club with the hope that they could talk and resolve the matter. She is disappointed that the golf club is unapologetic about the issue and she intends to fight until she gets justice. “I have to say I’ve been disappointed by the unapologetic manner in which they’ve handled the matter, and I still hope to pursue it further to see justice done,” she writes on her blog. 

The photographer said that the first communication with the company’s marketing officer was verbal. She said the officer promised to get back to her, but never did. Loewen then decided to put everything in writing but was told by the marketing officer, Tsitsi Chakamba, that she was not able to assist her. Instead, Chakamba forwarded her a number she said belongs to the designer, who made the flyer for Phakalane.

“I told Chakamba that I couldn’t contact the designer because he was not commissioned by me but by Phakalane themselves,” Loewen said.  

She said that this is what has caused the deadlock as she has been referred to the designer yet her issue is with the golf resort.

Loewen is disappointed by the way the club is handling the matter. She said that though some people might wonder why she is fussing about the issue, photography is her livelihood. 

“In this age of high unemployment rates amongst the youth I’ve stepped out and built something for myself, without taking a single thebe from the government. I work hard to ensure that my clients get world-class images. I pay my taxes and save for every piece of equipment that I own. Can you imagine a bride going up to the hotel, pitching up a tent and inviting her guests to come and celebrate with her, without paying anything to the venue? So why should my work be used without acknowledgement or compensation?” she writes on her blog. 

She says the campaign in the golf club promotion ran for about three months. Because she picked up the flyer in a store at a mall three months later, this brings usage time to six months. In addition she said: “The images were used in print, online and some boards around the hotel. If the establishment had purchased a stock photo they would have paid about +/-P33,620 for usage,” she says. 

Loewen says her biggest worry is lack of respect to small business owners in such situations. She says that in her case, she was treated like a nuisance when she pointed out the problem in September 2013.

“To this date, I’m yet to receive an apology or a how we can work with you to resolve the matter. Their stance is speak to the designer, he’s the one who used the images, we are in this problem because of him. The designer claims to have googled the image, which still doesn’t make it right. For campaigns you either buy stock photos or you do photo shoots as part of the advertising budget,” she explains.

Phakalane Golf Club marketing officer, Chakamba refused to comment on the matter stating that she was not on duty.