COPYRIGHT OWNERSHIP IN PHOTOGRAPHY: UNRAVELLING NIGERIA GAME-CHANGING LEGISLATION

Chukwuebuka Ibeh

Abstract


Nigeria's ground breaking Copyright Act of 2022 has ushered in a new era of copyright protection, particularly in the realm of photography. This article delves into the transformative elements of the Act, shedding light on its impact on the ownership of photographic works. Notably, the Act affirms that photographers retain primary copyright ownership, irrespective of commissions or employment arrangements, reinforcing their creative rights in the digital age. The Act's implications for the copyrightability of everyday cell-phone snapshots are explored, highlighting the significance of creative input in establishing robust protection. Complexities surrounding exceptions to copyright ownership, including fair dealing, transfers, and specific entity usage, are dissected, providing clarity on the legal landscape. Duration of copyright is addressed, as well as the intricate interplay between image rights, privacy, and the art of photography. The article underscores the responsible practice of seeking consent when photographing identifiable individuals for commercial purposes, underscoring the importance of ethical considerations in the field of copyright. As the global community observes "World Photography Day" every 19th of August, these insights offer a timely reflection on the enduring importance of copyright law in fostering a vibrant atmosphere for creative expression.

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