ABSTRACT
This article examines the evolving relationship between image rights and copyright in Nigeria through the lens of the Supreme Court’s decision in Ubom v. Globacom. It explores the distinction between ownership of copyright in a photograph and the proprietary right a person has over their own likeness. The decision marks a turning point in Nigeria’s legal approach to unauthorized commercial use of personal images, signaling judicial recognition of personality rights in a digital era where visual identity carries immense economic value.
INTRODUCTION
In the age of social media, advertising, and digital content, it is important to note that a person’s image; face, personality, and likeness is not merely a visual representation, but an asset that can carry social and commercial value. Yet, in many jurisdictions including Nigeria, the legal boundaries between image rights and copyright remain blurred. The recent Nigerian Supreme Court decision in Ubom v. Globacom explores the legal distinction between image rights and copyright, and why it matters who owns a photograph versus who is in the photograph.
This case marks a turning point on how Nigerian Courts view the use of a person’s likeness in commercial settings without their consent. It challenges the long-held assumption that a photographer automatically owns both the copyright and the image rights, and that unauthorized use of someone’s image is simply a copyright issue.
