Court Bans Universities From Using Student’s Photos on Their Websites
A landmark ruling by the High Court in Machakos prohibiting universities and other institutions of higher learning from using students’ photos to market their academic activities established a precedent.
The court argued in a ruling delivered by Justice M.W. Muigai on Tuesday, August 16, that using the photos without their consent was illegal and a violation and infringement of their rights.
The petitioner, Justice Muigai, maintained that a university should regard a student as a private person, thus the need to obtain his or her consent.
The ruling stated in part, “That the respondents should have known that the petitioner is a private person and thus sought her consent.”
“The petitioner’s fundamental right to privacy and human dignity under Articles 28 and 31 of the Constitution of Kenya was violated by publishing her image for purposes of commercial without giving her consent,” Justice Muigai added.
Justice Muigai referred to a number of academic works as well as court precedents established in jurisdictions other than Kenya.
The High Court stated unequivocally that using their photos amounted to advertising and promotion.
“That her intellectual property rights, right of publicity and personal rights, we’re infringed when the respondent decided to publish her image in advancing and marketing of computer packages course offered for financial gain without seeking her consent.”
The decision comes just days after the Kenya Copyright Board (KECOBO) issued a warning to Kenyans about using memes for commercial purposes.
In reference to copyright laws and restrictions, KECOBO added that reproducing, adapting, publishing, and broadcasting comedians’ work without permission is an infringement of the Copyright rule.
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“While the use of memes in social media is tolerated, its creation and use for commercial purposes can attract significant civil liability and must be cleared from the authors,” their letter read in part.
The warning was issued after two comedians, Arap Marindich and Tula Chemoget, went viral for impersonating World Rally Championship drivers at the Safari Rally in Naivasha, Nakuru County, in June.
Court Bans Universities From Using Student’s Photos on Their Websites