Personality rights in AI age
The personality rights of a person are embedded in the significance that an individual puts on his name, image and likeness. These rights are different from the intellectual creations of a person. Personality rights can be likened to human rights in the sense that every individual possesses the right to the protection of the usage of his name, image and likeness, but this is not inalienable as human rights.Personality rights can earn a great deal of money if properly commercialised.
In 2019, Nigerian musician Innocent Idibia, popularly known as 2face or 2baba, signed an endorsement deal with Oraimo as the face of the brand. Such endorsement explains the power of the value that an image possesses, which can be exploited for mutual economic benefits.In sports, the commercialisation of an athlete’s image can earn them more money than their actual wages. Athletes with their recognisable personal brand generally assign this right to an Image Rights Company.
The IRC then negotiates licences with people interested in utilising the brand of the athlete to generate revenue either from Merchandise sales, advertisements, or sponsorship deals.On the other hand, the use of Images of persons could be profited from without getting consent or permission from the person being infringed. This usage could lead to disrepute for the infringed party. In 2022, a Nigerian comedian, Chukwuemeka Ejekwu, known as Oga Sabinus, expressed his intention to sue UAC Foods for N100m for using a cartoon – split image of himself in a commercial advert for Gala sausage roll without his consent.
With the introduction of artificial intelligence into human lives, there is a greater possibility for the misuse of a person’s image. To Kill a Monkey, a Netflix series produced by Kemi Adetiba, subtly highlighted this development. AI can now be used to create deepfakes, cloned voices, and even AI-generated likenesses. This possibility highlights the need for laws that can protect an individual’s personality from misuse.Personality rights are not traditionally provided for in the Nigerian Copyright Act, but, in applying protection to personality rights, several laws can be applied. A trademark, for example, could be used to protect names.
A registered trademark gives an individual or a brand the exclusive rights to identify a product or service with that name and bars others from copying or using the same.The Cybercrimes (Prohibition and Prevention) Act also provides that an offence is committed where a person uses a name, trademark, or other word owned or in use by any individual or body corporate without authorisation in relation to online marketing and advertisement. However, the CCPA does not protect against the misuse of images and likenesses of a person. The Nigeria Data Protection Regulation provides for names and images in its definition of personal data, but it does not make mention of likeness, i.e. AI AI-generated likeness.
It allows for redress for individuals whose image or personal data has been fraudulently used for commercial gain and without consent.However, this is not enough; if we’re serious about protecting the rights of individuals in Nigeria, then the law has to evolve to reflect the reality of the new age. The European Union, for example, has introduced the Artificial Intelligence Act, and the state of Tennessee has also introduced the Estates and Likenesses Virtual Image and Simulation Act, thus recognising the advancement that AI brings into the growing society.
It is thus increasingly important that steps are taken by the Nigerian government to not just recognise personality rights but to create laws that can protect these rights, i.e., a Personality Rights Act that protects personal identifiers like name, image, likeness, voice, and even digital replicas, or an AI Act that regulates high-risk AI systems. Personality rights aren’t just about individuals but also their brands. Faces, names, voices, and stories are used every day to sell products, drive traffic, and build entire industries.
