Celebrities, athletes, creators and executives are increasingly engaged by brands as ambassadors, endorsers and influencers. These deals can be lucrative, but they raise questions about exclusivity, content approval, morality clauses and what happens when the relationship ends.
Nigeria does not have a standalone statutory image right. A person's name and likeness are protected through a combination of the law of passing off, the constitutional right to privacy, data protection law, contract, copyright in photographs and videos, and, where registered, trademarks in names and signatures.
Agreements we draft and negotiate
- Brand ambassador and endorsement agreements
- Influencer and content creator agreements
- Sponsorship agreements for athletes, teams and events
- Appearance and hosting agreements
- Licences of name, image and likeness
- Agency and talent management agreements
Key issues
- Scope of rights granted: media, territory, duration and categories of products
- Exclusivity and conflicts with existing sponsors
- Content creation, approval rights and posting obligations
- Fees, bonuses, expenses and tax, including withholding on payments to foreign talent
- Morality clauses and termination rights for both sides
- Disclosure of paid partnerships and compliance with advertising rules, including vetting by the Advertising Regulatory Council of Nigeria
- Use of content after the agreement ends
Unauthorised use
Where a business uses a person's image or name in advertising without permission, suggesting an endorsement that does not exist, we act to stop the use and claim compensation, relying on passing off, privacy, data protection and copyright, as appropriate.
Related services
Talent in music and film can also see our music and entertainment law and film and TV production services. Where public statements damage a client's reputation, our defamation team can assist.
