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Marketing Forums South Africa

Illegal use of footage in major overseas ad campaign

I am writing this in the hope that someone can provide me with some guidance. A television advertisement is currently being screened across the UK in which my daughter appears.

We live in South Africa and all casting, filming, etc was carried out in South Africa. In due course we were informed by our daughter's agency that the advertisement was being put on hold due to bad screening and was not actually going to be used. Therefore no contracts were entered into between ourselves or our agency with the end user and we were under the impression that that was the end of it.

Last week by pure chance the advertisement was seen on national TV in the UK by friends, who bought this to our attention. Since then it seems that the television advert is now in use and being screened on various channels throughout the day. We have managed to get some legal advice through friends in the legal industry and I have contacted the South African branch of the company concerned to ask why we as parents and/or our agent has been kept in the dark about the use of this advertisement and what action they plan to take going forward.

This strikes us as being a fairly complex issue and we are in need of all the advice that we can find. Is there any assistance you could provide or a specific organisation/industry body that could potentially assist us with this issue.




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