Intellectual Property Concerns For Social Media Influencers In Nigeria – Trademark

Introduction

Because the world advances, new ventures within the media and web
world are rising. One of the current enterprises that
technological and web evolution has witnessed is social media
affect/influencing.

In line with Tech Goal, social media affect is a time period for
a person’s capacity to have an effect on different folks’s pondering
in a social media/on-line neighborhood¹. This enterprise has
turn into standard, significantly lately. The gamers right here, are
recognized and addressed as Social Media Influencers or just as
“Influencers”.

These influencers additional time, amass massive followings and
subscribers on the assorted social media platforms (equivalent to Tiktok,
Twitter, Fb, LinkedIn, Instagram and even YouTube) by making
or creating contents and posts which are enticing, entertaining
and enlightening to their followers and different individuals that comes
throughout their web page. They additional leverage on these massive followings
to work with established and well-known manufacturers, by advertising and marketing the
merchandise of those manufacturers to their followers. As a matter of truth,
these established manufacturers are those that usually method these
influencers and pay them (as consideration) to assist them promote
their merchandise or concepts. These influencers can both be standard
and well-known celebrities or random individuals that by the
affect developed from making posts and importing alluring
contents, are capable of garner a big following on the assorted
accessible social media platforms.

With respect to standard celebrities, examples are the legendary
footballer, Cristiano Ronaldo and American Pop Star, Ariana Grande.
Other than being essentially the most adopted Athlete on Instagram, with over
429million followers, Cristiano Ronaldo stands out as the very best
paid Instagram influencer on the planet (in keeping with Influencer
Advertising Hub) with a pay starting from $619,497 (Six Hundred and
Nineteen Thousand, 4 Hundred and Ninety Seven {Dollars}) to
$1,000,000 (One Million {Dollars}) per sponsored submit, whereas Ariana
Grande earns a median of $500,077 (5 Hundred Thousand, Seventy
Seven {Dollars}) to $833,461 (Eight Hundred and Thirty Three
Thousand, 4 Hundred and Sixty one {Dollars}) per sponsored
submit². Clearly, being an influencer might be
worthwhile!

In Nigeria

Apparently, social media influencing has turn into mainstream in
the social media area, as quite a lot of influencers are bobbing up by
the day, significantly on Platforms like TikTok, Instagram and
Twitter. Whereas that is commendable, it is very important word that
there are particular regulatory measures in place that information these
influencers, significantly as they work for the manufacturers that method
them. Moreover, though there aren’t any standalone legal guidelines governing
or established for the usage of social media in Nigeria³,
there are regulatory issues that have to be famous.

For the aim of this text, we’ll deal with issues that
immediately and not directly govern or impression on IP in Nigeria.

Mental Property Issues for Social Media Influencers in
Nigeria

When influencers make posts/add contents for the aim of
gathering followership (influencing), they have to make sure that the
posts being made, and the contents being uploaded, are posts and
contents that don’t infringe on the IP rights of others.
Equally, when influencers are approached by manufacturers to advertise
merchandise and concepts, these influencers should make sure that the merchandise
are people who these manufacturers have IP possession or management over This
is as a result of beneath the related legal guidelines, each the manufacturers and the
influencers could also be deemed liable the place a product that infringes on
one other individual’s IP proper is marketed or marketed. The
succeeding paragraphs of this text highlights how these related
legal guidelines can impression on the actions of influencers with respect to
IP.

Underneath the Nigerian Copyright Act

Underneath the Nigerian Copyright Act (“the Act”),
copyright infringement is prohibited by Part 15(1)(a) which
supplies that “Copyright is infringed by any one who
with out the licence or authorisation of the proprietor of the copyright
(a) does, or causes some other individual to do an act, the doing of
which is managed by copyright“.

This provision implies that the place with out the approval
(authorization or licence) of the proprietor, any individual does an act to
a copyrighted work, such individual routinely infringes on the IP
proper of the proprietor of such copyrighted work. Therefore, the place an
influencer uploads a content material or submit that one other individual or entity
has management or possession over, such influencer routinely
turns into chargeable for IP infringement beneath Part 15(1)(a) of the
Copyright Act.

Additionally, with respect to promoting and advertising and marketing for manufacturers and
corporations, Part 15(1)(c) supplies that any individual that
displays in public, any article in respect of which copyright is
infringed upon, is chargeable for infringement. Whereas Part
15(1)(a) of the Copyright Act already imposes legal responsibility on the
individual that initially infringed on the mental property proper
of one other, it additionally imposes one other legal responsibility (by advantage of this
Part 15(1)(c)) on the person who displays (on this case
advertises or markets) the product that infringes on one other
individual’s IP proper.

Consequently, with a view to keep away from legal responsibility right here, as earlier
famous, influencers should make sure that as they work (I.e., promote
and promote) for manufacturers, they don’t seem to be promoting merchandise or concepts
that infringes on the IP proper of others.

Underneath the Nigerian Emblems Act

The Emblems Act (“the Act”) grants to the proprietor of
a registered trademark (upon registration), the unique proper and
use of such trademark⁴. Which means save for the place
there’s an task⁵, solely a registered trademark
proprietor has the best to make use of its trademark.

In the midst of their enterprise, influencers could also be tempted to
make use of the trademark of sure manufacturers or entities. This if
finished, will make them chargeable for trademark infringement.
Apparently, the Act grants the proprietor of a registered trademark,
the best to sue/begin an motion in opposition to an infringer on the
Federal Excessive Court docket. To keep away from legal responsibility right here, influencers should
make sure that whereas in the midst of their enterprise of influencing,
they don’t unlawfully i.e., with out authority, make the most of or infringe
on the trademark of one other individual or entity. 

Underneath the Nigerian Code of Promoting Follow, Gross sales
Promotion and Different Rights/Restrictions on Follow

Article 10 of the Nigerian Code of Promoting Follow, Gross sales
Promotion and Different Rights/Restrictions on Follow (“the
Code”)⁶ prohibits any type of copyright
infringement, by offering that each one commercials should not include
any merchandise which is in breach of Nigerian and worldwide copyright
legal guidelines, or any merchandise that omits something which the legal guidelines of
mental property require. It additional supplies that copyright
permission have to be obtained from the unique proprietor earlier than such
proper could also be used.

This provision is kind of clear and instructive sufficient. Its
adherence can also be very crucial and it primarily applies to
influencers which are engaged by manufacturers to market and distribute
their merchandise.

Underneath the Cybercrimes Prohibition Act.

The Cybercrimes Prohibition, Prevention and so on. Act (the
Cybercrimes Act) prohibits IP infringement on the web and
cybersquatting as itprovides that:

Any one who, deliberately takes or makes use of a reputation,
enterprise identify, trademark, area identify or different phrase or phrase
registered, owned or in use by any particular person, physique company or
belonging to both the Federal, State or Native Governments in
Nigeria, on the web or some other laptop community, with out
authority or proper, and for the aim of interfering with their
use by the proprietor, registrant or official prior consumer, commits an
offence beneath this Act and shall be liable on conviction to
imprisonment for a time period of no more than 2 years or a wonderful of not
greater than N5,000,000.00 or to each wonderful and
imprisonment⁷.

The inference drawn from that is that any individual that infringes
on the IP proper of one other by deliberately utilizing or taking for any
objective, the identify, enterprise identify, trademark, area identify or different
registered phrase or phrase, on the web or some other laptop
community, with out authority or proper, is liable to a wonderful of
N5,000,000 (5 million Naira) or two years imprisonment.

Influencers will definitely be liable right here, as a result of their
actions are carried out and carried out on the web (the
social media platforms the place they function). It is usually instructive
to notice that mental property infringement beneath the
Cybercrimes Act is deemed an offence.

Conclusion.

Whereas social media influencing is certainly a profitable enterprise,
it’s crucial for influencers to all the time put into cognizance, the
IP issues highlighted within the physique of this text.

Failure to be cautious and prudent on this regard might not solely
appeal to punitive penalties, however it might additionally find yourself damaging the
profession of influencers discovered liable, as for instance, beneath the
Cybercrimes Act, cybersquatting and IP infringement on the web
are punishable by an imprisonment time period of no more than 2(two)
years or a wonderful of N5,000,000 or each⁸. When convicted,
this will have an effect on the status of such influencer, as manufacturers could also be
reluctant to work with influencers which are deemed ex-convicts. On
the reverse facet, adherence to legal guidelines in opposition to IP infringement will
strengthen the enterprise of influencers.

Footnotes

1 Tech Goal Contributor, “Social Media
Affect” (https://bit.ly/3OkikkN)

2 Werner Geyser “20 of Instagram’s Highest Paid
Stars in 2022” (https://influencermarketinghub.com/instagram-highest-paid/).

3 It have to be famous that there are at present makes an attempt to
regulate social media

4 Part 5 and Part 6 of the Emblems
Act.

5 Task of the trademark rights.

6 The 5^th Version.

7 Part 25 of the Cybercrimes Act

8 Ibid.

The content material of this text is meant to offer a common
information to the subject material. Specialist recommendation must be sought
about your particular circumstances.