Photographs, illustration and other related images are generally protected as artistic works. Thus, they are accorded the same right as music and literal works protected by the Law N˚ 2000/011 of December 19 2000 on Copyright and Neighboring Right governing intellectual property in Cameroon.
The Law N˚ 2000/011 of December 19 2000 on Copyright and Neighboring right in section 3(1)(j), protects photographic works in this words:
Section 3(1), the law shall protect all literary or artistic works, irrespective of the mode, worth, genre or purpose of the expression, notably:
(j) photographic works including works expressed by a process similar to photography.
Photographs are categorized as created works, hence will enjoy the protection accorded by section 13, 14 and 15 of the 2000 law on Copyright and Neighboring rights.
A person who has to make use of any copyright work, must first seek the Express permission of the right owner/holder.
Who is a right holder Section (7) defines it as;
The right holder shall be the individual who created a literal or artistic work. The author shall equally be the individual who designed the work and initiated its realization by an automatic process.
Photographic works are created through an automatic process. Hence in the case of commissioned work, like parties, for adverts, weddings and other uses, the first right holder shall be the author of the work However, except agreed, the Economic rights (patrimonial) in such work shall be considered transferred to the person who places the commission, who shall exercise the rights within the agreed limits.
The Moral right of the commissioned works rest with the author of the work. Consequently, the individual who commissions the work has to make use of it within the limits agreed.
As such, in exploiting photographic works whether commissioned or not, especially for economic reasons the author or right holder under the pain of nullity must in writing grant authorization the individual or company seeking to use the work. Photographs and other related works are succinctly protected in Cameroon.
Disclaimer
This information is not designed to provide legal advice or create a lawyer–client relationship. For legal advice, contact and consult a lawyer.
