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In the mad scramble to get 'as GDPR compliant as possible' before May this year, budgets everywhere are melting. If you find yourself in this situation as a business owner or manager, pop over to the Libryo blog where I wrote a guest blog on the topic of GDPR budgets. There is a hidden cost not many take into cognisance when budgetting!
Read the blog here: https://blog.libryo.com/gdpr-budgets-the-hidden-costs
So, you've heard people talking about the new law that will punish racism or you may have seen an article or two about it. Do you know what the Prevention and Combating of Hate Crimes and Hate Speech Bill is about and do you know that you can comment on it? Public comments for the Bill are open and will close on the 1st of December 2016. Read on to understand more about the Bill, the obvious pitfalls and some questions we, as the South African public, need to answer.
When I worked as an IT HOD at a school, I was very privileged to be involved with the rollout of the Obami platform at our school and network with several other schools at the time. Obami was a communications and learning platform developed in South Africa by a team of two whose main aim was allowing networking and learning between students and teachers on an easy-to-use platform that involved parents. The security of the children using this platform was priority number one with filters working constantly to monitor and block out profanity as well as report incidences of bullying through speech pattern recognition. Each child had to be loaded by the school through lists sent to Obami who released that information to NOBODY else. Parents were connected to their children and students in groups connected to teachers who could use the platform to serve tasks and monitor homework. Generally, children could just go online and have good, decent fun while learning at the same time. In the two to three years that I was involved, I never experienced an issue with the network or service or had to deal with a nasty incident. There was respect for the child and respect for a legal framework that protects the child. Not so much with the latest app from Facebook called Lifestage.
Recently, there has been recognition of the fact that using influencers for marketing often turns out to be best money spent by a brand for advertising. This marketplace is coming to the fore with established influencers leading the pack and services such as Webfluential opening the door for others and, at the same time, creating standards to regulate and protect the interests of parties involved. After a bit of looking and learning, I have to ask the question "are influencers required by law to disclose relationships?"
It is trite to say that the point of Instagram is to share and enjoy beautiful pictures. This is great on a personal level, but are brands understanding what goes on behind the scenes in terms of account growth?
Two words, people of South Africa: CRIMEN INIURIA.
So, you sent that photograph in the 'heat of the moment' and now it's public, what do you do? Last week I made a podcast about our right to privacy online in the context of being racist in private messages. My conclusion in the podcast is that the Right to Privacy as enshrined in the Constitution of South Africa does not necessarily cover racist statements made that are shared publicly by the other participant in the conversation. It is very different, however, if personal facts or photographs are shared. Read on.
And all the 'experts' shout "REASONABLE SHOPPER!" -> http://www.women24.com/FashionAndBeauty/NewsandTrends/mango-angers-consumers-after-r1-panty-glitch-20160517
In my opinion, Mango shoppers could reasonably have expected the sale prices to be valid. Why?
Oh, #MangoSale. The disappointment. The waste of publicity. Oh, man.
How much would you have paid for a PR campaign? How much would it have really cost you to just post out the orders? €10,000? €20,000?
Is someone or somewhere using your photographs and not crediting you? Simple. You don't need a lawyer. You're going to first off decide how much the LICENCE to use the photograph is worth to you, ask them to pay, send a demand and then take the matter to the Small Claims Court.
Remember, you as the photographer are the copyright holder for the picture, UNLESS contractually agreed to otherwise (edit: this does not apply if the photograph was commissioned by a person). If somebody uses the photo, they have to pay you a licence fee to use the picture.
I wrote a paper in my final year of studying law at the University of Cape Town. The topic was "Criminalising child grooming over the internet in South Africa - common law or legislation?" I wrote it at the time a provision in the Children's Act was being debated relating to this matter. I have attached the paper for download. If you are going to use it, please credit me or the sources listed in the paper.