PERSONALITY RIGHTS IN THE AGE OF ARTIFICIAL INTELLIGENCE

The personality rights of a person are embedded in the significance that an individual puts to 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 commercialized. In 2019, Nigerian Musician Innocent Ujah 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, commercialization of an athlete’s image can earn them more money than their actual wages. Athletes with their own recognisable personal brand generally assign this right to an Image Rights Company (IRC). The IRC then negotiates licenses with people interested in utilizing the brand of the athlete to generate revenue either from; Merchandise sale, advertisements or even sponsorship deals.

On the other hand, the use of Images of persons could be profited from without getting consent or permission from the infringed person. This usage could lead to disrepute for the infringed party. In 2022, a Nigerian comedian, Chukwuemeka Emmaunel Ejekwu, known as Oga Sabinus, expressed his intention to sue UAC Foods for a sum of hundred million naira 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 Likeness. This possibility creates the need for laws that can protect the personality of an individual from misuse.

Personality rights are not traditionally provided for in the Nigerian Copyrights Act but, in applying protection to personality rights, several laws can be applied.

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 same.

The Cybercrimes (Prohibition and Prevention) Act (CPPA) 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 authorization in relation to online marketing and advertisement. However, the CCPA does not provide a protection for the misuse of images and likeness 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 generated likeness. It allows for redress for individuals whose image or personal data have been fraudulently used for commercial gains 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 (EU AI ACT), the state of Tennessee has also introduced the Estates and Likenesses Virtual Image and Simulation Act (ELVIS ACT) thus recognizing 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.

Written by: BOLUWATIFE DANIEL-ADEBAYO AND BISAYO JOSEPH