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

Itanyi, Nkem ORCID: https://orcid.org/0000-0003-2124-2642 and Aniukwu, Christian (2022) Seeking protection for use of images in commercial practices in Nigeria:A pathway to intellectual property reform and development. In: Nigerian Intellectual Property Law. Taylor and Francis, pp. 227-239. ISBN 9781032168999

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Abstract

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.

Item Type: Book Section
Additional Information: Publisher Copyright: © 2022 selection and editorial matter, Ayoyemi Lawal-Arowolo and Kunle Ola.
Uncontrolled Keywords: social sciences(all) ,/dk/atira/pure/subjectarea/asjc/3300
Faculty \ School: Faculty of Social Sciences > School of Law
Related URLs:
Depositing User: LivePure Connector
Date Deposited: 07 Oct 2024 11:30
Last Modified: 01 Nov 2024 13:30
URI: https://ueaeprints.uea.ac.uk/id/eprint/96886
DOI: 10.4324/9781003250883-19

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