The Law Behind The Hustle: READ THIS BEFORE YOU POST THAT BUSINESS FLYER!

 

Let me gist you! An  interesting  conversation is happening right now because Sarkodie has sued Ecobank Ghana, claiming they used his image in a flyer design without his permission.

The flyer says “Looks Can Be Deceiving”, and honestly, the man on the flyer looks a lot like Sarkodie. I’m not saying it’s him, but Sarkodie says it looks too much like him and he didn’t sign off on it. According to the document circulating on the internet, he wants the court to:

1.     Declare that Ecobank was wrong for using his image in an advert without asking for his permission.

2.     Declare that what Ecobank did also breaks  Ghana’s law on Protection Against Unfair Competition (Act 589).

3.     Stop Ecobank permanently from ever using his image again without his consent and this includes their staff, agents and anyone acting for them.

4.     Order Ecobank to remove and stop circulating all adverts, flyers or posts that used his image.

5.     Order Ecobank to pay him compensation  for the harm caused and for using his image without permission.

6.     Order Ecobank to pay the cost of the court case, including legal fees and any related expenses.

What is the Lesson Here?

1. You can’t just use a person’s image for promotion.
Even if it’s a nice photo you found online or a popular figure people admire, it’s considered commercial use if you use it to attract customers or sell a product and for that, you need their permission.

2. Celebrities have “image rights.”
This means that their face, voice or brand identity is part of their business, just like your logo is part of yours. Using it without consent can amount to breach of intellectual property, passing off and unfair competition.

3. “Looks like” is a risky business.
Even if you didn’t mean to impersonate anyone, if the public associates that face with someone (especially a celebrity), you could still end up in court. Perception matters.

But Everybody Dey Do Am, So Why E Matter?

We see it all the time. A barber uses Chris Brown on his banner, a hairdresser paints Jackie Appiah on her wall, a  food vendor uses the image of Kwame Dzokoto to brand their container,etc. It might look nice or help catch attention but it’s illegal if you didn’t get their consent and it might cost you one day.

 

What does this action mean for MSMEs?

1. You Can’t Use Someone’s Image Without Permission
Even if it’s just for a flyer, signboard, product label or social media post, using someone’s face, especially a celebrity, without their written consent can land you in legal trouble.

2. Ignorance is Not an Excuse
Many MSME owners say, “But I didn’t know,” or “I saw it on Google.”Unfortunately, that won’t hold up in court. If the person can be identified and your business is gaining attention or profit from their likeness, you might be liable.

3. Image Rights Are Intellectual Property
A person’s face, name, voice and likeness are their personal brand.Just like you’d protect your logo or business name, celebrities (and even ordinary people) have a right to protect how their image is used.

4. Legal Action is Expensive
If someone sues your business for using their image without permission, you could be forced to take everything down, pay damages (compensation), cover court costs and legal fees, etc

How to Protect Your Hustle:

• Don’t use people’s faces unless you have  their permission to do so.

• Use free or paid stock images, they are made for advertising

• Work with models or influencers and get them to sign a release form

• Get a graphic designer to help you create your own branded character or mascot

As an MSME, your brand matters. Using someone’s image without asking is not just “a small mistake.” It’s a legal risk. Build your business the right way. Protect yourself. Respect others. That’s The Law Behind the Hustle.