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Joseph Ikhuoria v. Campaign Services Ltd

Federal High Court

F.H.C.R. 308 1986

SUMMARY OF FACTS AND PRINCIPLE ESTABLISHED

The plaintiff claimed against the defendants, damages for the infringement of his copyright in a photographic material taken of the plaintiff between July and September 1983. According to the plaintiff, the defendant had wrongful printed, reproduced and displayed the said photographic material in the newspapers.

The  Court held that when a person commissions the taking of a photograph or the painting or drawing of a portrait or undertakes an engraving and pays or agrees to pay for it in money’s worth and the work is made in pursuance of that commission, the person who so commissioned the work is entitled to any copyright in it as an original work. The effect is that the person who so commissioned the work is regarded as first owner of the copyright, in the absence of any agreement to the contrary. However, due to a clause that was tendered as evidence, in the contract of employment, the plaintiff’s claim was not granted.

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