Online shopping giant Jumia is in a legal tussle with Richard Mofe Damijo over the unauthorized use of his photos.
Jumia, is currently embroiled in a case of unauthorized use of image rights RMD on Jumia Fashion's Instagram page without the actor’s permission.
The actor in a press release shared today, July 26, 2016 has instructed his lawyer, Mena Ajakpovi of Messrs. Abraham & Co. to engage Jumia and seek redress at the law court if they are defiant.
Further investigations show that Instagram’s term of use prohibits Jumia from using RMD’s pictures for any form of business.
Jumia however allegedly infringed on this right when it uploaded the images of RMD on it’s platform.
Jumia also allegedly violated Instagram’s community guidelines which states, users only have the right to “Share only photos and videos that you’ve taken or have the right to share”. They also infringe on the copyright policy which protects the original images of a person.
In one of the pictures where RMD sits on a storage box with a camera lens in his hand, in his own caption, he gives credit to the photographer, creative director of the shoot and stylist.
Whereas Jumia fails to give credit to any of these people or even the owner of the image.
Entertainment lawyer Akinyemi Ayinoluwa of High Tower Solicitors & Advocates spoke to Pulse about the Jumia/RMD situation and stated that Nigeria has no image rights. "Sadly, there is no known law specifically governing image rights in Nigeria."
He however further said "But it reasonable to argue that since corporate Nigeria pays lots of money to associate with icons, their celebrity should be adequately guarded from unauthorized exploitation."
Akinyemi Ayinoluwa told Pulse that the Richard Mofe Damijo case can set a benchmark for cases like this in the future. "The RMD issue at hand can provide that avenue to settle this legal issue and lay a precedent. We can find persuasive authorities in other jurisdictions such as the United States of America and the United Kingdom" he said.
Pulse has reached out to Jumia concerning this story but we have not gotten any reply yet.