Protecting Your Intellectual Property: What South African Content Creators Need to Know About Their Rights and Compensation

Introduction

Recently, South African TikToker Wandile Sphelele shared a troubling experience on X (formerly known as Twitter):

"Hi guys, I’m Wandile Sphelele, a well-known TikToker. I have been exploited by Cars.co.za by using my video (intellectual property) for their page and business promotion without consent and compensation. @GaytonMcK Please help me as a creator!"

Wandile’s situation highlights a common issue content creators face: businesses' unauthorized use of their work. This isn’t just about recognition; it’s also about lost income and control over creative content. Here’s what you need to know about your rights as a content creator and how to ensure fair compensation, along with a sample letter you can send if your work is used without permission.

Understanding Your Rights as a Content Creator

1. Copyright Ownership:

As a South African content creator, you automatically own the copyright to any original work you create, including videos, photos, and music. Copyright is granted by law the moment your work is created, giving you exclusive rights to use, distribute, and monetize it. Unauthorized use of your work, as in Wandile’s case, is a violation of these rights.

2. Moral Rights:

In addition to copyright, you have moral rights over your work. This means you have the right to be credited as the author and to prevent any derogatory treatment of your content. When a company uses your work without permission and offers only credit or exposure, they are disregarding these moral rights and potentially devaluing your content.

3. Economic Rights:

Your economic rights allow you to earn from your content. If a business benefits financially from your work, you are entitled to compensation, typically through a licensing fee or other agreed-upon payment. In Wandile’s case, Cars.co.za used his video for business promotion, which entitles him to monetary compensation.

What to Do If Your Content Is Used Without Permission

1. Document Everything:

As soon as you discover that your content has been used without permission, document the incident. Take screenshots, save copies of the content, and keep a record of any communication with the company. This evidence will be crucial if you need to take legal action.

2. Reach Out to the Company:

Contact the company and inform them that they have used your content without permission. Be clear that you expect to be compensated for their use of your work. If the company offers only credit or exposure, as in Wandile’s case, assert your rights and negotiate for fair compensation.

3. Negotiate Compensation:

When negotiating, consider these factors:

   - Usage Fee: A standard fee for the unauthorized use of your content, reflecting the value it brought to the company.

   - Royalties: A percentage of the revenue generated from the use of your content.

   - Licensing Fee: If the company wishes to continue using your content, negotiate a licensing agreement with terms and payment details.

Suggested Compensation for Wandile Sphelele

Given Wandile’s situation, he should consider the following compensation options:

1. One-Time Usage Fee:

   - Range: ZAR 20,000 to ZAR 30,000

   - Reasoning: This fee compensates for the unauthorized use of his video in Cars.co.za’s marketing efforts.

2. Revenue Sharing or Royalties:

   - Percentage: 5% to 10% of the revenue generated from the campaign using his video.

   - Reasoning: If the video contributed significantly to driving sales or attracting customers, Wandile could claim a percentage of the profits.

3. Licensing Fee for Continued Use:

   - Annual Fee: ZAR 30,000 to ZAR 70,000

   - Reasoning: If Cars.co.za wants to continue using the video, Wandile should negotiate an ongoing fee that reflects the content’s continued value.

Sample Letter to Send to the Company

If you find yourself in a situation similar to Wandile’s, here is a sample letter you can send to the company that used your content without permission:

[Your Name]  

[Your Address]  

[City, Postal Code]  

[Email Address]  

[Phone Number]

[Date]

[Company Name]  

[Company Address]  

[City, Postal Code]

Dear [Company Name],

Re: Unauthorized Use of My Intellectual Property

I am writing to formally notify you that one of my videos, which I originally created and own the copyright to, has been used by your company, Cars.co.za, without my consent. Specifically, my video was utilized for your business promotion on [describe where and how it was used, e.g., your website, social media pages, etc.].

As the creator and copyright owner, I have the exclusive right to control how my work is used, including the right to be compensated for its commercial use. Your use of my video without permission constitutes a breach of my copyright and an infringement of my intellectual property rights.

To resolve this matter amicably, I request the following:

1. Immediate removal of my video from all platforms where it is currently being used without my consent.

2. Compensation in the amount of ZAR [amount] for the unauthorized use of my intellectual property.

3. If you wish to continue using my video, please contact me to discuss a licensing agreement, which would include an appropriate licensing fee for the continued use of my work.

Please respond to this letter within [time frame, e.g., 7 days] to confirm receipt and to discuss how we can resolve this matter. Should you fail to respond or refuse to compensate me for the unauthorized use of my content, I will be forced to consider legal action to protect my rights.

I look forward to your prompt attention to this matter.

Yours sincerely,  

[Your Name]

Conclusion

Wandile’s experience serves as an important reminder for content creators to be vigilant about protecting their intellectual property. Businesses that use your work without permission not only infringe on your rights but also undermine the value of your content. By understanding your rights and taking proactive steps, such as sending a formal letter and negotiating compensation, you can ensure that your creative work is respected and rewarded.

If you need further assistance in dealing with intellectual property issues, consider reaching out to legal professionals like The StartUp Legal, who specialize in protecting creators’ rights and ensuring fair compensation for their work.

The StartUp Legal is a legal consultancy that provides quality legal services and support to SMEs, at affordable rates. For personalized legal advice and support, consider consulting with The StartUp Legal, your trusted partner in navigating the legal landscape of entrepreneurship. Book a complimentary consultation with us using the following link: https://calendar.app.google/Myg4aZsL2w8rW1o67