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Copyright and consent Copyright and consent

Who owns the photos? Copyright and consent in Kenya

In Kenya the photographer owns the copyright in their photos, but for commissioned work the Copyright Act (Cap. 130) deems it to pass to the client unless the agreement says otherwise, so our terms keep copyright with the studio and give you a licence. A commercial licence comes with our brand shoots (from KES 35,000 a day), and posting a recognisable person’s photo for marketing needs their consent under the Data Protection Act.

Who owns the photos? Copyright and consent in Kenya
At a glance

Licences we give

What you buyWhat it lets you doPrice (KES)
Personal licenceYour own social media, website, CV and personal printsIncluded in personal sessions (from 5,000)
Commercial licenceYour business website, social media, catalogues and advertsIncluded in brand shoots (35,000–60,000 a day)
Extended licenceBillboards, TV, national campaigns, resale or third-party useQuoted per use
Logo copyrightFull ownership of your logoTransfers on full payment

Starting prices from our price list. Every quote lists what is included and is valid for 14 days.

Copyright: who owns the photo

Copyright protects photographs as artistic works. Kenya’s Copyright Act treats commissioned work differently: unless the agreement says otherwise, copyright is deemed to pass to the person who commissioned it. The Act lets the parties exclude or limit that transfer in their agreement, so a clear contract matters for both sides. Ours keeps the copyright in photos and films with the studio and gives you a licence for the use agreed in the quote; logos are yours once paid for. Under section 32 the author also keeps moral rights, such as the right to claim authorship and to object to distortion of the work.

Consent: can a photographer post my photos?

A photo of a recognisable person is personal data under the Data Protection Act, 2019. The Office of the Data Protection Commissioner (ODPC) has fined a restaurant KES 1.85 million for posting a customer’s photo without consent, and ordered a school to pay KES 950,000 for using a pupil’s image on billboards and its website. A third-party case summary reports that a photo studio was ordered to pay a client KES 500,000 for posting her photos to attract customers. The ODPC’s guidance on publishing recorded media sets out what businesses must do, with extra care for children.

We only publish a recognisable person with their written consent, and with a parent’s or guardian’s consent for anyone under 18. You can withdraw consent at any time and we take the image down.

What to ask any photographer

  • Who keeps the copyright, and what licence do I get?
  • Can I use the photos in adverts?
  • Will you post me in your portfolio, and can I say no?
  • How long do you keep my files?

See our licensing and copyright terms, privacy policy and prices. This page is a guide, not legal advice.

Questions

Who owns the copyright to photos in Kenya?

The photographer, unless the photos were commissioned: then the Copyright Act deems copyright to pass to the client unless the agreement says otherwise. Check your contract; ours keeps copyright with the studio and gives you a licence.

Can a photographer post my photos without permission?

Not for marketing if you are recognisable. That needs your consent under the Data Protection Act, and the Data Commissioner has ordered businesses to pay for doing it.

Can I use photos from my photoshoot in adverts?

With us, brand and commercial shoots include a commercial licence. Personal sessions cover personal use; ask for a commercial licence in the quote.

Do I own my logo?

Yes. Copyright in your final logo transfers to you once it is paid in full.

What happens with photos of children?

They need a parent’s or guardian’s consent before any publication. The Data Commissioner ordered one school to pay KES 950,000 for using a pupil’s image in adverts.

Sources

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Nairobi, Kenya
Phone: +254 748 220 249
Email: [email protected]

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