Octopizzo’s Team Accused of Using Stolen Photo to Promote Show.
The company responsible for organizing South African hip-hop star Cassper Nyovest‘s show Great Republik, was on Saturday accused of illegally using a photo of rapper Octopizzo, one of many local curtain raisers, to promote and advertise the show.
Details emerge when a Twitter user by the name @simplykech tweeted accusing Great Republik of using his photo without getting consent from him.
These guys are using my photograph to promote their event without my consent & without paying for it as it should be. I just sent an invoice. Should pay, must pay! pic.twitter.com/pKI6JSdoNA
— KECH 📸 (@simplykech) May 11, 2018
Octopizzo took to Twitter to defend the advertising company claiming his team had the right to use the said photo since it was him on the photo.
Bro next time contact me coz my image is in the question, & I never signed any concent with you either.
The photo is dope, & I look dope on it & we send it to the organizers.
So you should be attacking me coz I think am the only one who had that photo. It’s all Love https://t.co/RfZx4E10L4
— OCTOPIZZO (@OCTOPIZZO) May 11, 2018
The exchange between the young talented photographer and the famous rapper drew a lot of attention on twitter with many siding with the photographer on who was at fault.
first: No business should use an inage commercially without permission from the photographer and the artist in the picture.
The photographer should be paid and in return sign a release with the artist in the pic
secondly: never use the exposure card to pay an artist. thats crap
— Kamau (@Its_Kamau) May 12, 2018
So here @simplykech owns the copyright and should have economic gain when his photo is used by the event. On the other hand, @OCTOPIZZO could claim that Kech is benefiting from his image without his consent. Octopizzo v Kech can be groundbreaking in Kenya’s contract law. https://t.co/Lbyji8gbby
— MIKENOTNIICE (@mikenotniice) May 14, 2018
However, it later emerged that the issue of intellectual property is not as straight forward as most would like to imagine, with the law implying the ownership changing hands depending on several factors.
Section 31 of the copyright act explains the ownership issues of first ownership while section 32 talks about moral rights of an author.
It seems that both Kech and Octopizzo are right and wrong depending on how you look at the situation.
The whole conversation highlighted the challenges photographers around the world have to overcome in order to be successful and real the fruits of their talent and hard work.
A similar case of exploitation by the industry came to public light when the hashtag #paymodelske trended for a couple of days when Kenyan models aired the trial and tribulations they go through behind the curtains of the runways.
One hopes such interactions on social media and mainstream media will eventually lead to fair treatment to all in their respective industries.
You can check out more of @simplykech’s works on his Instagram page
Octoppizo is set to lead a host of local artists curtain raising for south Africa’s hip hop star Cassper Nyovest on 26th may at Ngong racecourse.
You can check out the rest of the star studded line up here
UPDATE: Octopizzo has since released a statement warning photographers not to take pictures of him without his consent
PSA: To all photographers who come to my events and take photos of me without permission and then start online Dramas here you go. pic.twitter.com/srYuRNClp7
— OCTOPIZZO (@OCTOPIZZO) May 15, 2018