A Legacy in Focus: Sam
Nzima and the Hector Pieterson Photograph
Few photographs are as
iconic, or as powerful, as the image Sam Nzima took of 12-year-old Hector
Pieterson during the Soweto Uprising of 1976. It is a photograph that moved the
world, exposing the brutality of apartheid and galvanising international
opposition.
But Nzima’s journey with
that image was not only about history, it was also about ownership. For
decades, he fought for recognition and control over the use of his photograph.
Without his permission, it was reproduced in countless publications, sometimes
stripped of his name, sometimes used in ways that diluted its meaning. His
struggle was a reminder that even legendary works by African creators are
vulnerable to misuse, particularly abroad.
Protecting this image is
not about locking it away. It’s about ensuring it is treated with dignity, that
it continues to tell the story it was meant to tell, and that Nzima’s legacy
inspires future generations of photographers to use their craft to record
history and to insist on the respect and rights they deserve.
The Law Is on the Side of
the Creator
In South Africa, photographs are protected as artistic works from the moment they are created. The author, the photographer, holds the copyright unless it has been assigned or falls under specific exceptions in the Copyright Act.
Using a photograph without permission, whether intentionally or not,
constitutes infringement. That means reproducing it in a book, posting it on a
website, or even using it in a marketing campaign without the creator’s consent
is unlawful.
The remedies can include
damages, royalties, and court orders to stop further misuse. But beyond legal
enforcement lies a moral responsibility: to honour the labour and creativity of
the person behind the lens.
Why This Matters for
African Creators
African photographers
often face two hurdles:
- Visibility without control
– Their work travels globally but is monetised by others.
- Lack of enforcement resources – Many cannot afford the time or expense of pursuing infringement abroad.
The result is a one-way
flow of value, African creativity enriching others while its originators are
sidelined.
Respecting copyright is
not simply a matter of compliance. It’s about cultural integrity. Every
unauthorised use erodes the link between an image and its creator, and chips
away at the ability of future Sam Nzimas to make a living from their craft.
A Call to Action
If you use photographs, especially
those telling Africa’s stories, ask permission. Credit the creator. Pay for the
licence. If you are a photographer, know your rights and assert them. The
stories you capture are part of our shared history, and your name and
livelihood deserve to be tied to them.
Sam Nzima’s lens brought a
defining moment of South African history into focus. Let us ensure that future
generations of African photographers can do the same, confident that their work
will be respected, their rights upheld, and their legacy protected.
