CONTRIBUTOR: JOHNSON A. OLUGBADE
Introduction
Sports law operates at the intersection of multiple legal disciplines, regulating the complex relationships that define both professional and amateur sports.[1] It encompasses contract law, labour law, intellectual property law, competition law, and governance, risk, and compliance, all tailored to the distinctive commercial and institutional realities of the sports industry.[2] As sport continues to expand in economic significance and social influence, the role of sports law has become increasingly central to its organisation and regulation.[3]
In Nigeria, sports law has witnessed notable development, particularly within the football industry, which remains the most commercially viable and widely followed sport in the country. The governance of football is shaped by a combination of domestic legal principles and institutional regulations issued by the Nigeria Football Federation (NFF), as well as international frameworks developed by FIFA and the Confederation of African Football. This layered regulatory framework creates a distinct legal environment governing the relationships between players, clubs, agents, sponsors, and other stakeholders.
Against this backdrop, this article examines the legal and commercial dimensions of image rights within Nigeria’s football industry. It analyses the concept and scope of image rights, their growing economic significance, and the legal mechanisms available for their protection in Nigeria. It further interrogates the adequacy of existing legal frameworks—particularly intellectual property law, contract law, and the tort of passing off—in safeguarding these rights in the absence of a dedicated statutory regime. In doing so, the article considers the roles of key industry actors in structuring image rights arrangements, the challenges arising from unauthorised exploitation and contractual disputes, and the broader implications for the commercial development of Nigerian football.
The Meaning and Implications of Image Rights in the Football Industry
Image rights refer to the exclusive rights arising from the commercial utilisation of a sporting personality’s name and likeness.[4] In the football context, they denote the rights a player possesses to control, license, and otherwise monetise their identity, including name, nickname, image, likeness, photograph, initials, voice, personal attributes, and endorsements.[5] Across jurisdictions, these rights are recognised under different legal constructs, such as the right to privacy in the United Kingdom, the right of publicity in the United States, and personality rights in parts of Europe.[6] In Proactive Sports Management Ltd v Wayne Rooney & Ors,[7] image rights were broadly defined to include the right to film, record, broadcast, and otherwise exploit a personality’s services and identity across all media, as well as the commercial use of their name, likeness, voice, image, performances, and associated intellectual property for promotional or advertising purposes.[8]
The implications of image rights in football are significant. They extend a player’s economic value beyond the traditional employer–employee relationship, positioning players as commercial brands capable of generating independent revenue streams. Through endorsements, sponsorship arrangements, and media engagements, players can leverage their public persona for financial gain, thereby increasing both their market value and bargaining power within the industry.
Football Industry and Image Rights
The concept of image rights has developed significantly alongside the global expansion of football as both a sporting activity and a commercial enterprise. Although not exclusive to football, image rights have assumed particular prominence within the sport due to its extensive global appeal and commercial reach.[9]
Football clubs increasingly seek to maximise revenue through commercial partnerships with corporate entities, often leveraging the marketability of their players.[10] These arrangements frequently involve the use of players’ images in advertising, branding, and promotional campaigns.[11] Consequently, players, clubs, and sponsors operate within a highly commercialised environment where sporting talent is closely aligned with market value.[12]
More broadly, sport has evolved into a major segment of the global entertainment industry, with athletes, teams, and events treated as commercial assets capable of generating significant economic returns.
Notwithstanding this commercial reality, both Nigerian law and English law lack a dedicated statutory framework specifically regulating image rights.[13] By contrast, jurisdictions such as France recognise and protect personality rights under legislative provisions, including Article 9 of the French Civil Code, reflecting a more structured approach to the protection of personal image and identity.
Legal Framework for Image Rights in Nigeria
Unlike some jurisdictions, Nigeria does not operate a specific statutory regime dedicated exclusively to the protection of image rights. Protection is instead derived from a combination of existing legal principles, including intellectual property law (particularly trademark protection and the tort of passing off), contract law, tort law (notably misrepresentation and privacy-related claims), and constitutional guarantees relating to dignity and privacy. Consequently, the enforcement of image rights in Nigeria is largely indirect and often dependent on the strength of contractual arrangements or the ability to establish infringement under recognised legal doctrines.
The principal legal sources underpinning the protection of these rights include:
Constitution of the Federal Republic of Nigeria (as amended)
The Constitution, as the grundnorm of the Nigerian legal system, provides the foundational basis for the protection of privacy rights. Section 37 guarantees and protects the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications.[14] Although it does not expressly provide for image rights, this provision offers a constitutional basis upon which unauthorised use of a person’s image may be challenged, particularly where such use infringes on personal privacy.
b) Nigeria Data Protection Regulation 2019
Technological advancement in the 21st century has significantly increased the accessibility of personal information, particularly through social media platforms such as Facebook, Twitter, and Instagram, where individuals routinely upload images and other personal data. This digital exposure has facilitated the unauthorised use of images, including the misappropriation of the likeness of public figures for commercial purposes.
In response, the National Information Technology Development Agency (NITDA), pursuant to its powers under the NITDA Act 2007,[15] issued the Nigeria Data Protection Regulation (NDPR 2019) on 25 January 2019.[16] The NDPR 2019 establishes a regulatory framework for data privacy and protection in Nigeria, imposing compliance obligations on organisations that collect, process, store, transfer, or retain personal data. While not specifically directed at image rights, the Regulation provides an important legal basis for challenging the unauthorised use of personal images where such use constitutes a breach of data privacy rights.[17]
c) Intellectual Property Laws
- Copyright Law
Under the Copyright Act,[18] certain elements of image rights may attract legal protection,[19] particularly where a photograph or other creative work embodies a player’s likeness and qualifies for copyright protection. In such circumstances, unauthorised reproduction or commercial exploitation of the protected work may constitute infringement.
- Trademark LawThe Trade Marks Act defines a “mark” to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof. Accordingly, aspects of a player’s identity—such as name, signature, or distinctive insignia—may be protected where they are duly registered as trademarks and used in a commercial context.[20]
d) Cybercrimes (Prohibition, Prevention, etc.) Act 2015
The Cybercrimes (Prohibition, Prevention, etc.) Act 2015[21] provides that an offence is committed where a person uses a name, business name, trade mark, domain name, or other word or phrase registered, owned, or in use by any individual or body corporate, or belonging to the Federal, State, or Local Governments in Nigeria, without authorisation. For an action to lie under the Act in the context of image rights, the unauthorised use must typically relate to elements already protected under intellectual property law—such as a registered trade mark or copyrighted material—and is often associated with online commercial activities, including digital marketing and advertising.
Accordingly, where a player’s image or associated identity has been validly protected under applicable intellectual property laws, and such rights are infringed through the use of a computer system or network, the affected party may seek redress under the Act. However, while this provides an additional avenue for enforcement, it does not constitute a comprehensive or exclusive remedy for protecting image rights in Nigeria.
Commercialisation of Image Rights in Nigerian Football
Nigerian footballers increasingly derive substantial income from the commercial exploitation of their image. Endorsement deals with corporate brands, sponsorship arrangements, and social media monetisation have become key revenue streams within the industry.[22]
However, the lack of a clear, comprehensive regulatory framework often leads to disputes between players and clubs.[23] Such disputes commonly arise when clubs seek to utilise a player’s image for promotional purposes without adequate contractual authorisation, or when club sponsorship arrangements conflict with pre-existing endorsement agreements entered into by players. This tension underscores the need for clearly defined rights and obligations within contractual arrangements.
Challenges/Emerging Issues and the Way Forward
Despite its growing importance, the regulation of image rights in Nigeria faces several challenges, including the absence of a comprehensive legal framework specifically addressing image rights, poorly drafted or ambiguous contractual provisions, weak enforcement mechanisms, limited judicial precedent on image rights disputes, and persistent tensions between club rights and individual player rights.[24] These challenges create legal uncertainty and may discourage investment in the commercial development of Nigerian football.
To enhance the protection and commercial viability of image rights within the Nigerian football industry, several measures are necessary. These include adopting clear, precise contractual provisions defining ownership and the permissible use of image rights; issuing institutional guidelines by the NFF and relevant league bodies; increasing awareness among players and stakeholders; and considering legislative intervention to establish a coherent, comprehensive legal framework.
Conclusion
The intersection of sports law, commercial practice, and intellectual property within Nigeria’s football industry underscores the increasing significance of image rights as a valuable economic asset. As the industry continues to expand, the absence of a dedicated, coherent legal framework poses both legal and commercial challenges. Addressing these gaps through clearer contractual practices, institutional regulation, and potential legislative intervention will be essential to ensuring effective protection of stakeholders and unlocking the full commercial potential of Nigerian football.
Reference:
- Lesedi Mphahlele, ‘An Introduction to Sports Law: Key Legal Areas and Issues in Sports’ (2024), available at https://www.mondaq.com/southafrica/sport/1553284/an-introduction-to-sports-law-key-legal-areas-andissuesinsports#:~:text=Sports%20law%20in%20today%27ssports%20sector%20encompasses%20a,the%20unique%20nature%20of%20each%20sporting%20code accessed 23 April, 2026. ↑
- Ibid. ↑
- Ibid. ↑
- Nick De Marco, Football and the Law, 2nd edn (Ireland: Bloomsbury Publishing, 2022) 238. ↑
- E O Olowononi, Sports Law and Practice, 1st edn (Lagos: Princeton & Associates Publishing Co Ltd, 2022) 36. ↑
- Ibid. ↑
- (2010) EWHC 1807 (QB) para (187) ↑
- Ibid. ↑
- Richard Haynes, ‘Footballers’ Image Rights in the New Media Age’ (2007) Vol. 7, No.4, European Sport Management Quarterly ↑
- Adam Szymoszowskyj. ‘Professional Football Clubs Retail Branding Strategies’ (2016) Vol. 6, No.5, Sport Business and Management an International Journal, pp. 579-598 ↑
- Ibid. ↑
- Ibid. ↑
- Eleanor Green, ‘Football players and image rights — are clubs and brands profiting unfairly? (2024) https://www.brabners.com/insights/sport/football-players-and-image-rights-are-clubs-and-brands-profiting-unfairly accessed 23 April, 2026. ↑
- Section 37 Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- Nigeria Data Protection Regulation (NDPR) (2019) ↑
- National Information Technology Development Agency (NITDA) Act 2007, Act No. 28, published in the Federal Republic of Nigeria Official Gazette No. 99 Vol. 94 Lagos 5th October 2007. ↑
- para. 4.2, NDPR Implementation Framework ↑
- Section 1(1) Copyright Act, Cap C28, Laws of the Federation of Nigeria 2004. ↑
- section 34 of the Copyright Act. ↑
- Section 67 of the Trade Marks Act, Cap T13 (Laws of the Federation of Nigeria (LFN) 2004). ↑
- Section 25 of the Cybercrimes (Prohibition and Prevention) Act, 2015 ↑
- n5 ↑
- Ibid. ↑
- Ibid. ↑
