MY WEDDING ALBUM AND I: THE POSITION OF COMMISSIONED PHOTOGRAPHERS UNDER THE NIGERIAN COPYRIGHT LAW;

So I somehow walked into an argument with a friend of mine the other day of which the true and current position on the topic has been on my mind for a few days now. I really Don’t remember how that happened but the issue sent me into a frenzy as I really hate to loose arguments. Here is how I got myself into the argument.? So I just finally got my wedding album from my fantastic photographer and I was really impressed with the turnout as I was frankly scared that it would not look as dreamy as I had pictured in my mind (brides and their outlandish fantasy ideas right) so I didn’t waste any time to whip out my new priced possession albums for my guests to view on one fine Thursday evening. To my greatest pleasure, my guests were as impressed as I was when I first saw the albums. As they flipped through the pages of the albums many different topics ensued from each picture. From how hilarious a particular picture turned out; to how the photographer’s skills were beautifully displayed when she captured “emotions”. All small talk was warm and very welcome to massage my growing ego until one of my guests said and I quote “do you know that the photographer owns the copyright on your pictures?” basically she could do what she pleases with my pictures. I thought that idea was ridiculous and I did not hesitate to mouth out that fact. I knew that we had moved from small talk to big business. The room was instantly heated up in arguments and legal talk on what does or should apply. I against guest and my husband trying to be diplomatic by trying to see the sense in both views. Of course myself and guests did not budge on our own lawyerly opinions on the issue.

My Guest opined that when a photographer takes shots, he/she as the author of that image has the copyright on the pictures over and above any other. This is regardless of if the pictures have been paid for. I thought this idea was weird and ridiculous. How can I pay for someone to do a job and the person still can hold on to rights of my own personal images that I paid to be taken?

The night ended quite pleasantly; warm hugs and kisses goodnight, but silently I knew this argument was definitely not over.

I tried to forget about the argument for a couple of days, but as I said I really hate to loose arguments. So I went on my own literal photobomb expedition.

While on my research I stumbled on the American copyright article which agreed 100% with my guest’s position[1]. The author states that Under U.S. copyright law, the original owner of a created work is exclusively the creator, unless it’s a ‘work for hire’. The author therein stated that in the wedding scenario, a photographer is hardly ever ‘for hire,’ Even though married couples spend thousands for a photographer to cast their most memorable moments in just the right light, they may never actually own the results and also, the fact that the photographer hands you a cd, hard copy, or soft copy of pictures taken of you does not mean he has handed you the rights to those pictures. Hmmm interesting I thought to myself, but still confused; plus, that one is the Americana situation; so back to Nigerian scenario to find something that makes more legal sense to me or at least someone or something that could explain this crazy phenomenon to me.

It also occurred to me that I have come across this topic a number of times in the past but I lazily brushed aside the thought of researching the crux of the matter. For instance, the 2face and Annie Idibia suit of 2013, where the an un-commissioned and uninvited photographer took wedding photos of 2face and his bride[2]. Secondly; a client of mine who also happens to be in the entertainment industry had complained to me about his photographer who had uploaded pictures recently taken on social media as publicity for his photography career. This was done without any recourse to my client and even before he had seen the said pictures. And oh thirdly, back to my wedding album, one of my photographer’s crew members had uploaded some very nice shots of the wedding for publicity on her Instagram page (Of course I immediately demanded that he takes down the shots before I blink my eyes). These are only a few incidents out of the thousands that occur on a daily basis in the new era of the growing photography sector.

So now to answer this lingering question of where the copyright stands with commissioned/hired/paid photographers in Nigeria, I have cast away the spirit of laziness and procrastination and buried my face first to the copyright act itself, my findings made me smile in 8 different ways. inside smile, outside smile, evil smile, happy smile, confused smile, wide smile, one sided smile, haahahaaa I told u so smile. (yes, 8 different types of smiles).

Section 10 Copyright Act, CAP C28 Laws of the Federation of Nigeria, 2004.?States as follows:

1. (1)Copyright conferred by sections 2 and 3 of this Act, shall vest initially in the author.

(2)?Notwithstanding subsection (6) of section 10 of this Act where a work-

• is commissioned by a person who is not the author’s employer under a contract of service or apprenticeship; or

• not having been so commissioned, is made in the course of the author’s employment,

the copyright shall belong in the first instance to the author, unless otherwise stipulated in writing under contract.

(3)?Where a literary, artistic or musical work is made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship as is so made for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of ]any agreement to the contrary, be the first owner of copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical,; or to the reproduction of the work for the purpose of its been so published; but in all other respects, the author shall be the first owner of the copyright in the work.

(4)?In the case of a cinematograph film or sound recording, the author shall be obliged to conclude, prior to the making of the work, contracts in writing with all those whose works are to be used in the making of the work.

Now here’s were the confused smile and happy smile came in. I had to... Continue Reading