Re-Assessing the Recognition and Protection of Image Rights in Nigeria: The Court of Appeal’s Decision in Banire v N.T.A Star TV Networks Ltd. (2021) LCN/150/15036(CA) in Focus
Keywords:
Entertainment, intellectual property, copyrights, image rights, privacy, publicityAbstract
This article focuses on a unique aspect of the “property rights”, intellectual property rights and its relevance to contemporary Nigeria. in doing this, special attention is given to the emerging concept of image rights as a genre of property rights, quite distinct from the well-established intellectual property rights of copyrights, patents and designs and trademarks. However, this is done against the background of the recent decision by the Court of Appeal in Banire v N.T.A Star Networks Ltd, which seems to have addressed this developing genre of property rights, albeit unsatisfactorily.
References
Tanya Aplin & Jennifer Davis: Intellectual Property Law: Text, Cases and Materials 2nd ed (London, Oxford University Press, 2013)
Whataspp’s net worth as at 2020 is assessed at $5Billion: See https:www.investopedia.com accessed on 26th February 2022
See generally the TRIPS Agreement of 1994 at www.wto.org accessed on 26th February 2022
See Gert Bruegremeier & Aurelia. C. Ciachi, Personality Rights in European Tort Law (Cambridge, Cambridge University Press, 2010)
See Christian Michalos “Douglas v Hello” The Final Frontier (2007) 18 (7) Entertainment Law Review: 241–246
See generally: Steven Barnett “The Right to Ones Image: Publicity and Privacy Rights in the United States and Spain (1999) 47 American Journal of Comparative Law: 555–582
Steven Barnett, ibid
See Catherine Walsh “The Justification Underlying Personality Rights” (2013) 24 (1) Entertainment Law Review:17–21
See Hazel Carty, “Advertising, Publicity Rights and English Law” (2004) 3 Law Quarterly Review: 209–258
Hazel carty, ibid
See Savan Bains, “Personality Rights-Should the United Kingdom Grant Celebrities a Proprietary Right in their Personality?” Entertainment Law Review 18(2007): 205–211, See also: Michael Spence “Passing off and the Misappropriation of Valuable Intangibles” The Law Quarterly Review 112 (1996):472–498
See Rosemary Combe “Authorizing the Celebrity” Cardozo Arts & Entertainment Law Journal 10 (1992): 365–395
(2004)2 AC 457 (HL)
(2007) UKHL 21
F. Hoffman, “The Right to Publicity in German & English Law” (2010) 3 IPQ: 325
See Savan Bains “Personality Rights-Should the United Kingdom Grant Celebrities a Proprietary Right in Personality?” (2007) 18 Entertainment Law Review: 205–211
(2002) EWHC 367 (Ch) 13 March 2002
(1948)65 RPC 58
Supra See footnote 17
See Fenty v Acadia Group Brands Ltd (t/a Topshop) (2013) EWHC 2310(Ch)
(1997) RPC 543 (HC),
(2001) ETMR 25
H. Beverley, The Commercial Appropriation of Personality (Cambridge, Cambridge University Press, 2002): 181–183
The Constitution of the Federal Republic of Nigeria, 1999(as amended)
See section 38 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)
See Oluwafemi Ojosu Esq & Mustapha Olawoyin Esq “Image Rights vs Ownership of Copyright in Photograph under the Copyright Act: The Case of Banire v NTA Star TV (CA/A/345/2017) available at www.tundeadisa.com accessed on 28/02/2022. See also Chijioke Okorie “Authorship of Photographs and Ownership of Image Rights in Nigeria: Banire v NTA –Star Network Ltd” available at www.ipkitten.com.2021 accessed on 28/02/2022
For example, see section 10 of the High Court Law of Lagos State, 2018
See Ayman Enterprises Ltd v Akuma Industries Ltd (2003) 12 NWLR(Pt.836) 22, See also, Omnia Nigeria Ltd v Dyktrade Limited (2007) 15 NWLR (PT.1058) 576
Received English Law in Nigeria dates back to as far as 1863; See A.N Elliot, The Common Law of Nigeria available at https://heinonline.org>get_get_pdf accessed on the 17th of March 2022
See generally H. Carty “Character Merchandising and the Limits of Passing Off “Journal of Legal Studies (1993) 13 (3):289, G. Scalan: ‘Personality Endorsement and Everything: The Modern Law of Passing Off and the Myth of Personality Right” Entertainment Law & Practice Review (2003) 1:563
See F.Hoffman. “The Right to Publicity in German & English Law” 325.
See, H. Beverley, The Commercial Appropriation of Personality (Cambridge, Cambridge University Press, 2002): 181–183
See Douglas v Hello (supra)
