Who Owns the Picture? A Legal Examination of Photographic Copyright andImage Rights Under Nigerian Law.

Abstract

This paper examines the ownership of photographs under Nigerian law, explaining how the Copyright Act 2022 designates the photographer as the initial copyright owner and outlining how a commissioner of a photograph may obtain rights through a valid assignment or agreement. The discussion further highlights how Nigerian judicial authorities have gradually acknowledged aspects of image rights, though not formally codified through decisions protecting individuals from unauthorized commercial use of their likeness. The paper therefore provides a clear account of copyright ownership, transfer mechanisms, and the emerging judicial recognition of image-related protections within Nigeria.

Introduction

The question of who owns the copyright to a photograph often arises in creative and commercial contexts especially in an era dominated by social media, advertising, and digital content. While it is common for individuals to assume that the subject of a photograph owns the image, the legal position under Nigerian law says otherwise. Ownership of photographic works and image rights are distinct concepts. The Copyright Act 2022, and judicial precedents have further clarified this distinction.

Ownership of Copyright in a Photograph

Under Nigerian law, the photographer is the first owner of the copyright in any original photograph they create. Copyright subsists once a photograph is both original and fixed in a medium of expression that is, when it is captured and recorded. The law recognizes the photographer as the “author” and the first owner of the copyright, granting them exclusive rights to reproduce, distribute, publish, or otherwise exploit the photograph.

This position aligns with Section 28(1) of the Copyright Act 2022, which provides that, subject to any agreement to the contrary, the author of a work is the first owner of copyright therein. Therefore, the person who takes the photograph, not the person appearing in it, is the legal owner of the copyright.

How Can One Own or Obtain Copyright in a Photograph

Although the default owner of copyright in a photograph is the photographer, ownership may be transferred or assigned through a written agreement. There are two main circumstances where this may occur through:

1. Assignment, Testamentary Disposition or By Operation of Law: A photographer may transfer their copyright to another person through assignment, testamentary disposition or by operation of law. Such as the subject of the photograph or a commissioning party. Such assignment must be in writing to be valid under the law. Section 30 0f the copyrights act 2022.
2.  Agreements: section 28(1) of the copyrights act provides that; Except as otherwise provided in an agreement, copyright conferred by this Act, shall initially vest in the author.
3.  Works Made in the Course of Employment: Where a photographer creates photographs in the course of employment or under a contract of service, the employer is the first owner of the copyright, unless the employment contract states otherwise.

Additionally, Section 28(3) of the Copyright Act 2022 provides special protection for   commissioned works. Where a person commissions the taking of a photograph for private or domestic purposes, the commissioner is deemed to have a non-exclusive license to use the photograph for non-commercial purposes and may restrain its publication or distribution without consent.

Copyright and Image Rights in Nigeria

While copyright protects creative works, image rights concern an individual’s proprietary interest in their personality, covering their likeness, name, signature, or other identifying features. Nigerian law, however, does not explicitly recognize image rights as a statutory right, though the Supreme Court has acknowledged their protection under tort and constitutional principles.

Key Judicial Authorities

1. Banire V. NTA – Star TV Network Limited (2021) LPELR-52824(CA), in this case, the plaintiff sued for the unauthorized use of her image on billboards. The court held that the copyright in the photograph belonged to the photographer, not the subject, and since the photographer had licensed the image, the defendant was not liable. This decision reaffirmed that image rights are not protected under copyright law.
2. Ubom v. Globacom Nigeria Ltd. (2025) 6 NWLR (Pt. 1985) 157, The Supreme Court, however, drew an important distinction between copyright infringement and violation of personality rights. The Court held that the unauthorized commercial use of a person’s image is a violation of personality rights, actionable under tort law, and that such claims should be brought before a State High Court, not the Federal High Court (which has jurisdiction over copyright matters). This decision marks a landmark shift, affirming that while image rights are not codified, the courts may protect individuals from unauthorized commercial exploitation of their identity.

Practical Implications

The cases above highlight the importance of clear contractual agreements between photographers, clients, and subjects. Without explicit terms, disputes over image use and ownership are bound to arise. To avoid legal complications:

Photographers should obtain written releases when using images of identifiable individuals.

Individuals and companies should ensure that copyright or image rights are properly assigned or licensed before using photographs for commercial purposes.

Commissioners should negotiate and document ownership rights clearly at the outset.

Conclusion

In summary, the photographer is the initial owner of the copyright in a photograph under Nigerian law, unless there is a contrary agreement. The subject of the photograph does not automatically own any copyright but may have limited rights under Section 28(3) of the Copyright Act 2022. Although image rights are not formally recognized in Nigeria, judicial developments, particularly in Ubom v. Globacom, demonstrate an evolving judicial approach towards protecting individuals against unauthorized commercial use of their likeness.

It remains best practice for both photographers and subjects to enter into written agreements defining ownership and usage rights, thereby safeguarding against potential infringement or misuse.

Reference(S):

Copyright Act 2022 (Act No 8 of 2022, Laws of the Federation of Nigeria)

Olisa Agbakoba Legal, ‘REVIEW: Ubom v. GlobalCom (Nig.) Ltd (2025) 6 NWLR (Pt. 1985) 157 @ 183’ (OAL, 22 July 2025) <https://oal.law/review-ubom-v-globalcom-nig-ltd-2025-6-nwlr-pt-1985-157-183/> accessed 28 November 2025.

Tunde & Adisa Legal Practitioners, ‘Image Rights Vs Ownership Of Copyright In A Photograph Under The Copyright Act – The Case Of Banire v Nta Star Tv (Ca/a/345/2017)’ (Tunde & Adisa Legal Practitioners, 15 February 2024) <https://tundeadisa.com/media_insights/image-rights-vs-ownership/> accessed 28 November 2025.