Seeking protection for use of images in commercial practices in Nigeria: a pathway to intellectual property reform and development

The image of a person, whether a celebrity or otherwise can be generated in various forms including photos and silhouettes among others. The form in which it is generated could be an essential commercialisation tool if required to achieve a purpose in the world of buying and selling or the provision of the services. While contracts may suffice in dealings regarding endorsements, the law is porous both from the perspective of case law and the statutes. Regarding the former, there is dependence on the UK cases as persuasive, due to Nigeria’s colonial past. The gap in the law on the other hand requires urgent reform, otherwise situations where images of celebrities are used in advertisements without appropriate authorisation will be difficult to deal with by law. Courts have applied various principles in law in enforcing a person’s right to unauthorised use of image. This chapter explores various means of bringing an action where such use occurs, focusing more on intellectual property law protection. The chapter concludes with a recommendation that there should be a specific law on this subject matter in Nigeria.