US-based Nigerian rapper, Darlington Okoye also known as Speed Darlington has slammed a cease and desist on fintech platform, Palmpay, following their usage of his picture for commercial purposes without due authorisation.
It may be recalled that last Monday, the loan firm had uploaded an advertisement on its official Twitter account with regards to customers mood when they fund their accounts using eWallet.
The company used a picture of Speed Darlington while running the advertisement, which provoked a reaction from the internet sensation.
He had issued a warning to Palmpay to settle him or take down his photo because he has worked too hard for his image, failure of which will result in him taking them to court.
However, it seems the singer’s warning did not have the desired effect as the advert still remained on its platform, so he filed a case through his lawyers.
Speed Darlington demanded the sum of 200 million Naira as compensation from the management of the fintech platform.
In the letter he posted on his official Instagram page, the entertainer said if the demands are not met with high sense of urgency, they will seek judicial redress for the violation of the intellectual property laws applicable in Nigeria.
It reads in part: “Our client briefed us that on Monday, the 14 of August 2023, you made a post on your X page (formerly known as Twitter) using the pictorial representation of our client. Mr Achakpo. The post which you captioned; “Monday Morning Mood when you fund your Cowry wallet on Palmpay App”. You made this post with the pure intent of running an advert with our client’s image, to gain massive publicity and rip off from the popularity, fame and salability of his image.
We were further briefed that you made the aforementioned post without the consent or authorization of our client. This act of yours has constituted a violation of his image rights, a breach of his fundamental human rights, and a breach of intellectual property laws and data protection laws applicable in Nigeria.
Contrary to your blissful ignorance (which you may claim), it is both judicial and statutory provisions in jurisdictions around the world as earlier noted that every person has a right to how his image is used and this is called image right or right to publicity and the person should give out his unalloyed consent and be paid adequate compensation for this usage but when the person’s consent was not sought before his image is used for any purpose it amounts to a statutory violation and clear cut breach of not just the image right but the fundamental human rights as constitutional provided specifically in Section 37 of the constitution of the federal republic of Nigeria, 1999 (as amended).
On the above premise, we are demanding the sum of N200,000,000 for the unauthorized usage of the image of our client as well as adequate compensation for the promotion and publicity you have generated using the fame and popularity of our client. We also demand the immediate removal of the advert bearing our client’s image or pictorial representation.”