defendant to agree that the images be used in the adverts they had been created by putting
together the two photographs legally obtained.
Defence witness number 2 (Dw2) Denis Kajura was the graphic designer of the third party who
was sent to the New Vision offices to collect photographs which was used in creating the
defendant’s Agro Save Account product. He confirmed that in the process of doing so he signed
a consent form with the New Vision dated the 5th of December 2012 which enabled him to select
the particular photograph which he delivered to Dw3 Edris Kimuli who is the creative Director
of the third party who also labored at length to inform the court on how he came up with the final
product which was based on some designs which were requested by the defendant who insisted
on the use local images which would give a representation of the country and that following
several consultative meetings of the mangers of the third party and visits the New Vision, a
picture of a woman in an orange orchard was zeroed upon as representing what the defendant
wanted for its product and once that was done the third party then purchased another photo from
Shutter Stock that had a perfect smile as seen from Exhibit D6 and the two images were merged
using a software called Photoshop that created a hybrid that then eventually appeared on the
flyers (Exhibit D9(iii)) upon approval by the Marketing Manager of the defendant subsequently
the final work was handed over to the defendant for its own use. That was the case of the
defendant.
The legal regime as regards image rights in Uganda has not been largely explored as there is
little jurisprudence from our jurisdiction both statutory and or by way of precedent. The same has
however been a subject of actions in other common law jurisdictions which have to a large extent
described the same as personality rights.