Copyright Clash: When Photographers Get Creative with Client Photos

By Shola Aderinto 

A recent incident has sparked a heated debate about copyright ownership in Nigeria's photography industry. A birthday celebrant discovered their photo online on the photographer's Instagram page without permission, leading to a dispute over ownership and usage rights.

The celebrant had hired the photographer to take photos for their birthday celebration. However, upon discovering the photos online, they requested the photographer to take them down. The photographer refused, claiming ownership of the photos.

According to Section 10 of the Copyright Act in Nigeria, the copyright belongs to the author of the work, which in this case is the photographer. Unless there is a written agreement stating otherwise, the photographer retains the copyright. This law has left the celebrant with limited options.

The celebrant wants the photographer to pay for posting the photo without permission. However, without a written agreement transferring the copyright to the client, it's challenging to take legal action. The celebrant's only hope is to prove that the photographer used the photo for commercial purposes or illegal activities.

If the photographer used the photo for commercial purposes, the client may have grounds for a lawsuit. But proving this would require evidence, which can be a difficult task. The client would need to demonstrate that the photographer profited from using the photo without permission.

This incident highlights the importance of having a clear written agreement before the photoshoot. Such an agreement should specify who retains the copyright and what usage rights are granted to the client. By having a written agreement, both parties can avoid disputes and ensure their rights are protected.

Many photographers and clients in Nigeria's industry are now calling for clearer guidelines on copyright ownership. They argue that a written agreement can help prevent disputes and ensure that both parties understand their rights and responsibilities.

The celebrant's experience serves as a reminder to prioritize written agreements in photography contracts. By doing so, clients can protect their rights and avoid potential disputes with photographers.

In conclusion, understanding copyright law in Nigeria is crucial for both photographers and clients. By having a clear written agreement, both parties can avoid disputes and ensure their rights are protected. The celebrant's experience will likely serve as a cautionary tale for others in the industry.

The key takeaways from this incident are that copyright belongs to the author (photographer) unless otherwise stated in a written agreement, written agreements are essential to clarify ownership and usage rights, and clients may have grounds for a lawsuit if the photographer uses the photo for commercial purposes or illegal activities without permission.