South Africa, Sept. 29 -- That assumption frequently finds its way into correspondence once infringement is detected. The infringer apologises, says they found the image on Google, Facebook, LinkedIn or another website, and explains that they genuinely did not realise permission was required.

High Court case

A recent High Court judgment, Mokima Music and Publishing (Pty) Ltd v Black Brain Pictures CC, provides a timely reminder that this type of explanation is not a legal defence. The decision does not involve photographs. It concerns the use of a song as the theme music for a television series. However, the court's reasoning has direct relevance to the arguments frequently raised in photographic copyright disputes.

The central issue b...