DO NOT USE MY IMAGE OR LIKENESS WITHOUT MY PERMISSION: MY IDENTITY, MY RIGHT, MY PROPERTY

🎓 #Frameit

DO NOT USE MY IMAGE OR LIKENESS WITHOUT MY PERMISSION: MY IDENTITY, MY RIGHT, MY PROPERTY

👨🏾‍⚖️The Law in Nigeria now;

- Distinguishes between a copyright claim on a photograph and an image rights claim by the person in it, confirming that an individual can seek compensation for unauthorized commercial use of their likeness.

-You possess 'image rights' that are separate from copyright.

-You have authority over how your picture or likeness is used commercially.

-Although photographers hold copyright for images, the individual depicted has a distinct right to manage the commercial use of their likeness.

-The claim can be based on defamation, unjust enrichment, or privacy violations, not just copyright issues.

- Clear contracts and consent are essential for the legal commercial use of images.

👨🏾‍⚖️ Using someone's photo in an ad campaign without permission or a legal reason violates their right to privacy as stated in Section 37 of the Constitution. It also constitutes illegal handling of personal data according to the Nigeria Data Protection Act, 2023.

👨🏾‍⚖️ Copyright ownership alone does not grant the right to use a person's image for commercial gain. A company might own or have a license for the copyright of a photo but still may not have the legal authority to use the recognizable person's image for business purposes.

👨🏾‍⚖️Businesses need to think about not just who holds the intellectual property rights, but also if they have a legal reason and the overall legal context to use and profit from the image of the individual shown.

👨🏾‍⚖️ A recognizable photograph is considered personal data.

-Advertising campaigns that use people's images must follow the same rules and compliance procedures as other types of personal data handling.

- Before starting campaigns or advertisement using images, businesses and organizations should confirm they have a valid legal reason and check that the intended use aligns with the original purpose for which the images were collected.

- Companies hosting sponsored events should differentiate between taking photos to record an event and using those photos for advertising, promotional content, or endorsements.

-Add a photography and filming clause in the event registration terms, ticket conditions, or other contracts.

-When you attend shows and events, you ought to be informed before you register that photography and filming will occur, the reasons your images may be used (like marketing, social media, future promotions, or internal communications), who will use the images, the legal basis for processing, how long the images will be kept, and you rights. These details should also be highlighted in a clear and accessible privacy notice.

- If you are likely to be prominently featured in commercial advertising or promotional materials, businesses should get your explicit consent through express documents that outline the intended use.

👨🏾‍⚖️RELEVANT CASES

1. Judgment of the Supreme Court in the case of Ubom V. GlobalCom (Nig.) Ltd (2025) 6 NWLR (Pt. 1985) 157

2. Judgment of The High Court of Lagos State in the case of Larry Nwabueze v. Nigerian Breweries Plc. Suit No: ID/19573MFHR/2025 delivered 26 May 2026.

🎓

#Privacy

#Nigeria

#JurisprudenceCommunity

#imageRights

#Photograph

#ResearchCommunity

#Judicialinterpretation

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