AN OVERVIEW OF THE LEGAL FRAMEWORK FOR THE PROTECTION OF IMAGE RIGHTS IN NIGERIA

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ABSTRACT

Image rights refers to a person's rights over the application of his / her persona or expression of personality including their names, photo, likeness, signature, identity, personal brand or image. The image could be of an individual, group of individuals, legal personality or fictional character which could be human or nonhuman. Image Rights goes beyond just photographs, as image rights are an expression of a personality in the public domain. Image Rights are referred to by different names such as 'Publicity Rights' in the USA and 'Personality Rights ' in many Civil Jurisdictions, though it is also called image rights in the UK. Through image rights individuals can authorize or prohibit the exploitation of his/her image. Image rights are of burgeoning significance and importance taking into cognizance recent technological advancement in the 21st century. The Internet, through websites, social media and domain names has introduced complexities into the exploitation of image rights. It is of paramount importance that celebrities and other public figures such as content creators, prolific bloggers and vloggers who are most likely to exploit the value of their personalities and develop brands to secure advertisement deals and sponsorship be aware of and have means of protecting their image rights. Though it should be noted that persons who are not celebrities also have image rights, as unauthorized use of images of private citizens impinges on the rights of such persons to control the use of their images and right to privacy, taking notice of the recent Nigerian Court of Appeal judgment in Banire v. NTA- Star Network Ltd.

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