PHOTOGRAPHIC COPYRIGHT IN THE DIGITAL AGE: BALANCING CREATORS’ RIGHTS AND SUBJECTS’ INTERESTS

Abstract

This work explored the tension between photographers’ copyright and the rights of individuals depicted in photographs, with particular focus on Nigeria law. It examined the legal basis for photographic copyright under the Copyright Act 2022 (No. 8 of 2022), which repealed that of 2004 and established that original photographs are protected as artistic works, with the photographers as the author. The study analyzed the exclusive rights granted to photographers- such as reproduction, distribution, and communication to the public- as well as moral rights under the Act. It further considered the legal protection available to subject of photographers, noting the absence of a standalone “image right” law in Nigeria. Instead, subject rights were found to rely on constitutional provisions (sec. 34 and 37), the Data Protection Act 2023, and tort or contract principles. Using Doctrinal research, including case analysis such as Ubom v Globacom (2025), the article identified a legal gap where subject, lacking copyrights, must seek redress via alternative legal framework. Comparative insights were drawn from US, UK, south Africa, where varying doctrines like the right of publicity, privacy law and personally rights offer broader subject protection. This study addressed contemporary digital challenges, including social media dissemination, AI-generated imagery, and deep fakes. It concluded that the current legal regime insufficiently safeguards subject interest in the digital age and recommended that enacting image rights legislation or amending the Copyright Act to mandate consent for commercial use of personal likeness, to better harmonize creators right with individual dignity and autonomy amongst others.