Photographs and Image Rights Under the Nigerian Copyright Act- Key Insights from the Decision in Banire v NTA-Star TV Network Limited

Itanyi, Nkem (2025) Photographs and Image Rights Under the Nigerian Copyright Act- Key Insights from the Decision in Banire v NTA-Star TV Network Limited. In: The Dynamics of Law and Academic Excellence: Celebrating a Legal Icon, Essays in Honour of Frank Asogwah, PhD, KSGG Professor of Public Law. Chenglo Limited, pp. 73-91. ISBN 978-978-62036-6-9

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Abstract

The Nigerian Copyright Act, as well as other laws in Nigeria, do not expressly provide for image rights. The Act simply provides for the protection of “photographs” as an artistic work that is eligible for copyright protection. An image right refers to the right to prevent others from using one’s picture without permission, either for personal or commercial gain. Image rights have gained prominence in recent times due to the growth of the internet and the commercialisation of photographs of some famous people. There have been some cases before the courts on the unauthorised use and exploitation of photographs of celebrities. The most recent case was Banire v NTA-Star Tv Network Limited, which was finally decided in 2021, where the court clearly stated that image rights are not known to the Nigerian legal system and that any issue arising from the wrong use of an image will be treated as a copyright issue. This opinion piece will analyse the jurisprudence relating to Image Rights in Nigeria. A detailed analysis of the court’s position on the protection of image rights and propose what the decision would have been under the recently enacted Nigerian Copyright Act.

Item Type: Book Section
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: LivePure Connector
Date Deposited: 26 Feb 2026 11:30
Last Modified: 01 Mar 2026 07:30
URI: https://ueaeprints.uea.ac.uk/id/eprint/102076
DOI:

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