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Nomalanga Mashinini raises awareness and advocates for an economically, socially and technologically advanced approach to the protection of image rights. Empowering people to protect their image rights on social media, against misuses of artificial intelligence and commercial exploitation since 2021. Find out how to #controlyourimagerights by listening to this podcast.
26 Episodes
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Highlights from what to expect in Professor Jennifer Rothman's upcoming interview on sports players' image rights in the US.
Trailer for episode 9 about nudifier and deep fake pornographic apps on the rise.
In this episode of The Friendly Troll podcast, Florence Ogonjo and I discuss the principles of image rights and how social media has influenced how image rights are perceived in Kenya and South Africa. The Friendly Troll is a podcast with observations of the global tech industry from the perspective of the Global South. Listen to the podcast here: https://podcasts.apple.com/za/podcast/the-friendly-troll/id1488573883
This is an introductory episode where I introduce myself, Nomalanga Mashinini, and explain what the podcast is about.
The episode covers the definition of Image Rights with some examples of cases that have been decided for the protection of Image Rights. Sources: Constitution of the Republic of South Africa, 1996Cornelius S. “Commercial appropriation of a person’s image: Wells v Atoll Media (Pty) Ltd (Unreported 11961/2006) [2009] ZAWCHC 173 (9 November 2009)” (2011) 14 Potchefstroom Electronic Law Journal 182-205Cele v Avusa Media Ltd [2013] 2 All SA 412Kumalo v Cycle Lab (Pty) Ltd [2011] JOL 27372 (GSJ)N...
In this episode, I consider how image rights are infringed in traditional marketing and assess how social media marketing might infringe on image rights. References https://influencermarketinghub.com/influencer-marketing-agencies-south-africa/ accessed on 20 March 2021.McQuoid-Mason “Invasion of privacy: common law v constitutional delict – does it make a difference?” 2000 Acta Juridica 227-261.Neethling, Potgieter and Roos Neethling’s Personality Rights (2019) LexisNexis: Durban.&nbs...
In this episode I reflect on how memes infringe peoples image rights and privacy. I delve into the legal issues that arise in the meme space and the boundaries for meme creation. References https://www.buzzfeed.com/audreyworboys/famous-people-from-memes-then-now accessed on 21 March 2021.Neethling, Potgieter and Roos (2019) Neethling's Personality Rights LexisNexis: Durban.https://www.businessinsider.com/facebook-mark-zuckerberg-privacy-vision-2019-4?IR=T accessed on 22 March 20...
In this episode I discuss how deepfakes impact image rights. References Cele v Avusa Media Ltd [2013] 2 All SA 412.Chesney & Citron, ‘21st century-style truth decay: Deepfakes and the challenge for privacy, free expression, and national security’, (2019) 78 Maryland Law Review 882.Farish, ‘Do deepfakes pose a golden opportunity? Considering whether English law should adopt California’s publicity right in the age of the deepfake’ (2020) 15(1) JIPLP 40.Ferraro, ‘Deepfake legislation: A n...
In this episode I discuss deepfakes regulation under the Cybercrimes Bill B6D-2017 in South Africa and the impact of deepfakes on Image Rights. This Bill was signed two days after this episode aired. The relevant law is now the Cybercrimes Act 19 of 2020. Sources: Constitution of the Republic of South Africa (1996). Cybercrimes Bill B6D-2017.Citron, D.K. and Chesney, R. (2019) “Deep fakes: A looming challenge for privacy, democracy and national security”, California Law Review, V...
This episode is about the growing concern of using videos of homeless or destitute people to attract likes and follows on social media. I explain that regardless of social and economic status, everyone has image rights in South Africa.
Not expecting to see the words 'deepfakes' and 'good' in one title? Kelsey Farish, an attorney and deepfakes legal expert from DAC Beachcroft, tells us all about how deepfakes can do good in this episode. Check out her website http://kelseyfarish.com to learn more about deepfakes.
In this episode I speak to Professor Jennifer Rothman from the University of Pennsylvania, a leading expert on the subject of the Right of Publicity, i.e Image Rights. Check out her website http://www.rightofpublicityroadmap.com and her great book "The Right of Publicity: Privacy Reimagined for a Public World".
Nathan-Ross Adams explain the regulatory framework that applies to nudifier apps. We talk about the intersection between image rights and gender-based violence in the cyber space as a result of deepfake technology. Check out Nathan's website http://africantechlawyer.com or visit http://michalsons.com for practical legal solutions.
In this episode I speak to Lisa Ndyulo, who completed a master's thesis on "Protecting the right to identity against catfishing" from Rhodes University, Faculty of Law about the impact of catfishing on the right to identity and the victims thereof. Find Lisa on Twitter @LisaLatima.
In this episode I briefly introduce season 2 by referring to a conflict I experienced during the recording stages of this podcast. Season 2 is an African perspective on Image Rights. Watch this episode on YouTube.
In this episode I speak to Mugambi Laibuta on the Image Rights legal framework in Kenya. There is a YouTube video for this episode. Listen to Ole Law podcast and visit https://www.laibuta.com for more on Mugambi's research and legal expertise regarding data protection. Follow @irbynmashinini on Instagram, LinkedIn and Twitter for Image Rights updates.
In this episode I speak to Ayomide Awoyemi regarding the legal rules applicable to Image Rights protection in Nigeria. Follow atomise on Twitter @mideawoyemi and on LinkedIn Ayomide Awoyemi for more on intellectual property laws in Nigeria.
In this episode I speak to Professor Samuel Samiai Andrews regarding the legal rules applicable to Image Rights protection in Ethiopia. We learn about the unique grey areas of the statutory regulation of image rights. Follow @samiai on Twitter @therealsamiai on TikTok and on LinkedIn Dr. Samuel Samiai Andrews, SJD for more on intellectual property law.
In this episode I speak to Kenneth Muhangi about Uganda's regulatory approach to Image Rights and make interesting findings about the advancements that Kenneth and his colleagues have fostered in this legal field. Kenneth can be reached on LinkedIn as Kenneth Muhangi Esq. for on intellectual property and related rights.
In this episode, Ruddy Kabwe explains the taxation of income received from the exploitation of one's personality. While very common in sports law, the issue is also relevant for celebrities and influencers. We discuss the impact of blockchain, non-fungible tokens (NFTs) and cryptocurrencies on the collection of revenue based on income received from image exploitations. Contact Ruddy on LinkedIn for more on Tax Law, Financial Technology Law and Cryptocurrency regulation and taxation.
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