by Adedayo Alli ESQ
Introduction
In today’s digital world, the ease of accessing, reproducing, and disseminating content online has raised profound legal questions concerning the protection of intellectual property (IP), particularly copyrights. With social media platforms, blogs, and other websites serving as repositories for vast amounts of user-generated content, photographers and content creators face unprecedented challenges in safeguarding their creative works. Copyright infringement, especially the unauthorized use of images, is rampant across online platforms. The dilemma is not restricted to one geographical region; it is a global issue. This article examines the legal framework governing copyright and intellectual property in Nigeria and the United Kingdom (UK), two jurisdictions with differing historical and legal contexts. The focus will be on how these countries address the unlawful use of photography and content in the digital space.
Copyright and Intellectual Property: A Conceptual Framework
Intellectual property refers to creations of the mind—innovations, artistic works, and inventions—that the law protects from unauthorized use. According to the World Intellectual Property Organization (WIPO), intellectual property law encompasses copyright, patents, trademarks, and industrial designs.[^1] Copyright law specifically grants creators exclusive rights over their original works, which may include literary works, music, visual art, photography, and films, among others.[^2] The fundamental purpose of copyright protection is to encourage creativity by ensuring that creators can control and benefit from their work.
In the realm of photography, copyright law seeks to protect the photographer’s creative input, such as composition, lighting, and subject choice, which make each photograph unique. For this reason, photographs are typically considered original artistic works under copyright law in most jurisdictions. However, in an era where digital copies can be reproduced and disseminated with ease, enforcing copyright protection is increasingly difficult.
The Nigerian Copyright Framework
Nigeria’s copyright system is based on the Copyright Act, CAP C28, Laws of the Federation of Nigeria 2004.[^3] The Nigerian Copyright Commission (NCC) administers copyright laws, regulates licensing bodies, and promotes IP awareness. Nigeria’s legal system, which blends traditional African laws with British common law due to its colonial history, places emphasis on the protection of intellectual property rights. The Copyright Act defines the scope of copyright protection to include literary, musical, and artistic works, including photographs.[^4]
Under Nigerian law, photographs fall under the category of artistic works, and as such, the photographer automatically acquires copyright protection from the moment the photograph is created. This protection endures for the lifetime of the photographer and an additional 70 years after death.[^5] Nigerian law does not require creators to register their works for copyright to be valid, although registration can help in proving ownership in court.
Despite the robust nature of the law, enforcement remains weak. Nigeria’s copyright enforcement challenges stem from various factors, including limited infrastructure, resource constraints, and low public awareness. Online infringement, particularly unauthorized use of content and photographs, is rampant due to the relatively lax enforcement environment and a lack of consequences for infringers. Photographers often see their works reposted on blogs, social media platforms, and even commercial websites without their consent.
One landmark Nigerian case involves Emmanuel Oyeleke v Telecommunications Company (2019), where the photographer sued a telecommunications company for using his photographs in a nationwide advertising campaign without obtaining the necessary licenses.[^6] The case highlighted the inadequacy of copyright enforcement mechanisms in Nigeria, despite clear legal provisions granting rights to photographers. The Oyelekecase also underscores the need for more streamlined judicial processes for copyright disputes and stronger deterrents for infringement.
The UK Copyright Regime
In contrast to Nigeria, the UK’s copyright system is grounded in the Copyright, Designs and Patents Act 1988 (CDPA).[^7] The UK has long been a pioneer in intellectual property law, with copyright protections dating back to the Statute of Anne (1710), often regarded as the world’s first copyright law.[^8] The CDPA governs modern copyright protection in the UK, covering a broad range of works including literary, dramatic, musical, and artistic creations. Photographs are expressly categorized as artistic works, and photographers are entitled to the exclusive right to control how their images are used.
Under UK law, copyright in photographs is automatic from the moment the image is created. There is no requirement for registration. Photographers hold copyright protection for the duration of their lives and for 70 years posthumously.[^9] UK copyright law is supported by an extensive body of case law and statutory provisions, which make enforcement relatively straightforward compared to other jurisdictions.
The UK has also developed strong online copyright enforcement mechanisms. For instance, under the Digital Economy Act 2017, internet service providers (ISPs) are required to block access to websites that engage in large-scale copyright infringement.[^10] Copyright holders in the UK can seek injunctions, damages, or other legal remedies for infringement through well-established IP courts, making it easier for photographers to pursue claims.
A significant case in the UK that involved the unlawful use of photographs is Temple Island Collections Ltd v New English Teas Ltd (2012), where a photograph of a London bus was copied and slightly modified for commercial use.[^11] The court ruled that even slight modifications did not absolve the defendant of liability for copyright infringement. This case reinforced the principle that copyright in a photograph can extend to the specific artistic choices of the photographer, such as composition and color treatment, thus protecting even seemingly simple images from unauthorized reproduction.
Comparing Copyright Enforcement in Nigeria and the UK
The most glaring distinction between the Nigerian and UK copyright regimes lies in enforcement. Both countries have well-drafted laws, but enforcement in Nigeria is much weaker. While the Nigerian Copyright Commission (NCC) is charged with enforcing the country’s copyright laws, the Commission’s impact has been limited by resource constraints and inconsistent application of the law. Nigeria also lacks specialized IP courts, meaning that copyright cases are often handled by judges with varying degrees of IP expertise. These challenges are exacerbated by the costs of litigation, which deter photographers from pursuing claims.
In contrast, the UK has a more structured and effective system for resolving copyright disputes. The presence of specialized IP courts, along with stringent penalties for copyright infringement, provides greater deterrence for infringers. Additionally, public awareness of copyright law is significantly higher in the UK, reducing the incidence of casual infringement by individuals and businesses alike. The UK’s statutory damages provisions, which allow copyright holders to claim compensation based on the profits made from the infringement, further strengthen enforcement mechanisms.
In terms of online content, both Nigeria and the UK face challenges, although the UK has more advanced measures for tackling digital copyright infringement. UK legislation such as the Digital Economy Act has empowered rights holders by requiring ISPs to block access to infringing websites. Nigeria, on the other hand, lacks the technical infrastructure to combat digital piracy effectively. Although the NCC has made efforts to raise awareness about digital copyright infringement through public campaigns, these initiatives have had limited success due to the scale of the problem.
The Digital Landscape: Photography and Social Media
Social media has become a major battleground for copyright infringement, particularly with the widespread sharing of photographs and other content. Both Nigeria and the UK face challenges in addressing unauthorized use of images on platforms like Instagram, Twitter, and Facebook.
In Nigeria, photographers frequently find their work reposted or repurposed without permission, often for commercial gain. While many social media users are unaware that reposting photographs without permission constitutes copyright infringement, others exploit the lack of enforcement for personal or commercial benefit. Nigerian photographers, in particular, suffer from the difficulty of policing the use of their work online, given the vast and decentralized nature of the internet.
UK photographers face similar challenges, but they have more legal recourse. Platforms such as Facebook and Instagram offer tools for reporting copyright infringement, which can lead to the removal of offending posts. UK courts also recognize the infringement of copyright on social media, as shown in cases such as R v Duckenfield (2019), where the unauthorized sharing of a copyrighted image led to a successful claim for damages.[^12] The existence of IP licensing platforms like Getty Images and Shutterstock in the UK also gives photographers avenues to monetize their work, reducing the need for infringement claims.
Legal Recommendations and Future Outlook
For Nigeria, there is a need for the strengthening of copyright enforcement mechanisms and public awareness campaigns. The Nigerian Copyright Commission could benefit from more funding and technological upgrades to track and prosecute online copyright infringement effectively. Establishing specialized IP courts would also improve the handling of copyright disputes and ensure that judges are well-versed in intellectual property law.
In the UK, while the legal framework is strong, there is still room for improvement, particularly in the area of online copyright infringement. The UK government could consider more stringent penalties for social media platforms that fail to respond promptly to copyright infringement claims. Furthermore, post-Brexit, the UK must continue to harmonize its IP laws with international standards to maintain its reputation as a leader in copyright protection.
Conclusion
Copyright law remains one of the most vital tools for protecting the rights of photographers and other content creators in the digital age. While both Nigeria and the UK have comprehensive legal frameworks to address copyright infringement, enforcement remains a challenge, particularly in Nigeria. As the digital landscape continues to evolve, both countries must adapt their laws and enforcement mechanisms to ensure the continued protection of intellectual property rights.
References
[^1]: World Intellectual Property Organization. “What is Intellectual Property?” WIPO, https://www.wipo.int/about-ip/en/.
[^2]: Copyright Act, CAP C28, Laws of the Federation of Nigeria 2004.
[^3]: Nigerian Copyright Commission, “About Copyright,” Nigerian Copyright Commission, http://www.copyright.gov.ng.
[^4]: Copyright Act, CAP C28, Laws of the