The late Sam Nzima, a South African photojournalist, captured one of the most powerful images of the 1976 Soweto Uprising—the photograph of dying 12-year-old Hector Pieterson being carried by Mbuyisa Makhubo, with Hector’s sister Antoinette Sithole running beside them. The image became a global symbol of apartheid’s brutality. However, Nzima faced a prolonged legal battle to reclaim copyright ownership of his photograph.
Credit: Denis Farrell/AP
Source: https://www.theguardian.com/
Under apartheid-era laws, the photo’s copyright was initially held by The World, the newspaper Nzima worked for, and later by its parent company, Argus Newspapers. After the end of apartheid, Nzima fought for decades to regain his rights, arguing that the image was his intellectual property (IP). In 1998, the South African government intervened, and the copyright was returned to Nzima through a settlement [1], [2]. Despite this victory, Nzima reportedly received little financial benefit from the image’s widespread use, highlighting broader issues of artists’ rights and compensation in historical contexts [3].
Nzima’s struggle to reclaim ownership of his iconic Hector Pieterson photograph highlights the importance for South African artists and creators to protect their IP, through:
- Understanding copyright ownership from the outset – Nzima’s case highlights how unclear contracts or employment agreements can lead to disputes over ownership. Several artists and freelancers unknowingly sign away their rights. Therefore, it is important to always clarify copyright ownership in writing before publishing or selling work. Under the South African Copyright Act 98 of 1978, the creator usually retains copyright unless it is explicitly transferred [4].
- Advocating for fair compensation and licensing – despite the photograph’s global use, Nzima received little financial benefit. Artists should negotiate licensing fees and royalties upfront. Creative Commons or watermarking can help control unauthorised use.
- Leveraging digital tools for protection – in today’s digital era, artists face risks like unauthorised reproductions online. Tools like reverse image searches, watermarking, and blockchain-based IP verification, such as NFTs for digital art, can help track and enforce rights.
- Seeking legal advice before signing contracts – many artists, especially in the digital age, inadvertently agree to unfavourable terms when publishing on platforms or working with agencies. Consult our legal experts at Tshaya Mashabela Attorneys to review contracts before signing.
Nzima’s battle underscores the need for proactive IP management. By understanding their rights, documenting ownership, and seeking legal safeguards, South African artists can avoid exploitation and ensure their work is protected and fairly compensated.
Secure your creative legacy – contact us today for expert copyright protection.
Author: Ntombi Nondaba | Marketing Officer
Approved by: Nicolette Biggar | Senior Consultant Attorney
References:
- South African History Online (SAHO). (2019). Sam Nzima. https://www.sahistory.org.za
- https://www.theguardian.com/world/2018/may/13/sam-nzima-south-african-photographer-dies-aged-83-soweto
- https://www.bbc.com/news/world-africa-44082115
- Copyright Act 98 of 1978
