Introduction
In Nigeria's commercial and creative environment, the
clear distinction between image rights and copyright has become
significantly necessary. As images and photographs are increasingly
becoming critical assets in the media, entertainment, advertising,
and branding space, the big questions around who owns an image and
who controls its use have become more recurring. Notably, the
Copyright Act 2022 (the “Act”), has
classified photographs as artistic works which become eligible for
copyright protection once they meet the requirements of originality
and fixation in a tangible medium. Also, the Act vests initial
ownership of copyright in the author, who is stated to be the
photographer, unless otherwise provided by agreement or created
under certain employment or commissioned circumstances. This means
that while the photographer generally owns the copyright, the
subject of the image may retain certain control over its use
through privacy, contract, or
