Nando's stole my intellectual property - artist

Nando's stole my intellectual property - artist

2014-12-19 11:38

Johannesburg - Global fast food brand Nando’s were yesterday accused of intellectual property theft by a young South African photographer Anthony Bila for allegedly using one of the artist’s images without his permission, City Press reported on Thursday.

Bila said in an angry Facebook post, “So Nando’s decided to take one of my photographs and use it in their menu. They decided to do this without my permission or the permission of the model, my friend Zano Skorzch Sithetho. This is beyond problematic. I’ve tried to contact Nando’s, no response as of yet…”

It can clearly be seen in the comparison between the original image and the one in the menu that the artist’s work was cut out and pasted into Nando’s branded collage. Bila is unsure whether the appropriation of his image is copyright infringement as the photo has been reworked through the collage treatment of it.

City Press approached attorney Zanele Mbuyisa for her opinion. “Legally if (Nando’s) use the images of the photographer they have to pay him. Without paying him the use of the image is illegal in terms of Section 23 of the Copyright Act,” she responded.

When asked whether they had any response to the artist’s accusations a Nando’s spokesperson told City Press: “We are investigating the allegation. We recognise the importance of copyright in terms of images and will revert as soon as our investigations are complete.”

Online commentators are generally angered by Bila’s claims, especially in light of the fact that Nando’s actively supports South African artists as part of its marketing and décor strategy.

(City Press)

  • DerekMain - 2014-12-19 11:57

    I agree with Anthony Bila. How exactly is Nando's supporting local artists when they steal their work without any compensation or credit?

  • JimGordon - 2014-12-19 12:19

    Nandos will argue that they altered more than 30% of the original photo so copyright doesn't apply. That said, Nandos should do the right thing and pay, because regardless of the technicalities, this is THEFT.

      Chris Hitchcock - 2014-12-19 14:25

      The 30% thing is a myth.

      Christopher John Combrink - 2014-12-19 15:34

      Am I the only person who doesn't think that Nandoes went out of its way to 'steal' this image? They, like most other businesses, make use of Agencies who procure this stuff for them. If you think for one second that their Execs go over every image to make sure that copywrite has been upheld, for every bit of their marketing... This' the fault of a lazy Designer or a crafty-corner-cutting Agency. They will pay the lad, I am sure.

  • Ian Flack - 2014-12-19 12:44

    At least acknowledge the intellectual rights.............

  • sxp - 2014-12-19 12:55

    I am sure this happens many times, with TOGS not even knowing how they are ripped off.

  • Lawrence Robert Atkinson - 2014-12-19 14:52

    If it was a mistake, something done by a junior in an advertising company, Nando's will pay and pay fast and fairly. Some years ago Woolworths sold a kids T shirt with a photo of mine on. Changed to B&W and graffiti painted over. They paid out in days, no questions asked. And canned the supplier.

  • Saleem Razvi Razvi - 2014-12-19 14:53

    Sis, nandos yourll disgust

  • Andre Krige - 2014-12-19 16:11

    And nandoes gets more free publicity .. clever agency's.

  • fragtion - 2014-12-19 18:27

    Big deal. The artist should be proud. What, does he want them to put his name on their menu? Every piece of artwork should be referenced like a published article? come on... This reminds me of needing a license to play music in public

      Andries Jared Wasserman - 2014-12-19 20:50

      So an artist isn't allowed to have rights to their own hard work?...

      Terence Hogben - 2014-12-20 10:12

      They need to first ask permission and then negotiate a fee for the use of his work. What should he proud of ? Its no fun to be robbed.

      Phillip Marchant923 - 2014-12-20 19:22

      No man, Andries and Terence - shouldn't all artists who studied their degrees for seven years give all of their work away free? Isn't just being associated with such a famous brand payment enough? I'm sure if he drops by every time his family gets hungry, Nando's will spare him a peri-peri wing or two, so what's his problem? Great thinking, fraggie - where did you major in commerce?

  • David Robert Lewis - 2014-12-19 21:27

    It may be fair use, but it is definitely not fair dealing.

  • Terence Hogben - 2014-12-20 10:09

    That is a clear abuse of Anthony Bila's intellectual property and i advise getting a top notch copyright lawyer.

  • Laurence Weyers - 2014-12-20 12:52

    Does anyone actually eat nandos? Sies, it's as bad as kfc rubbish

      Phillip Marchant923 - 2014-12-20 19:28

      Do you mind, Laurence! KFC is a vital staple of many in the honourable South African parliamentary cabinet, and an important election campaign tool - please show respect!

  • Lethiwe Motloung - 2014-12-20 18:26

    Just pay the guy!

  • Gordon Scott - 2014-12-20 20:40

    Exactly how does taking a snapshot of some dude jumping up and down qualify you as an "artist"?

  • Warren Mudge - 2014-12-21 07:38

    Seems to me you do not understand the meaning of intellectual property. So you are OK that someone can come up to you, take a photo of you without your permission and then use it for personal gain. You chop!

  • Warren Mudge - 2014-12-21 07:40

    And you work all month at what you do and don't want compensation?

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