Kenya Tea Development Agency (KTDA) will pay a woman Sh1.5 million for using her photo for marketing purposes without her approval.
Kerugoya High Court Judge Justice Lucy Gitari said that KTDA infringed on Ann Njoki Kumena’s rights when they used her image on its marketing brochures without her approval.
The judge noted that KTDA should have acquired permission from Ms Kumena to use her image for commercial purposes.
“Having considered the purpose for which the photograph was used which was for commercial purposes, a reasonable award ought to be given to the plaintiff. I find that an award of Sh1,500,000 is reasonable in the circumstances,” said Justice Lucy.
Ms Kumena claimed the agency unlawfully took her pictures and used her images for financial gain.KTDA, however, denied the claim saying the photo was not copyrighted; therefore, she is not entitled to any royalties.