INTRODUCTION
Artificial intelligence is developing rapidly all around the world, with Nigeria seeing growing adoption and investment in Artificial Intelligence (AI) technologies across various industries. As AI systems become more advanced and autonomous in their capabilities, valid questions have emerged regarding the application of the Copyright law to the works created by AI. Nigeria’s current Copyright statutes were established prior to the emergence of AI and do not provide explicit and sufficient guidance on authorship and ownership issues involving AI-generated works. The development of AI carries significant potential to drive innovation and economic growth. However, without clear copyright frameworks, there are uncertainties in the application of the AI. Conversely, overbroad or restrictive IP policies risk stifling further innovation. The intersection of copyright law and artificial intelligence presents a dynamic and evolving area of legal and technological inquiry. As AI continues to advance, legal systems worldwide are faced with the challenge of adapting copyright principles to address new realities and ensure that the rights of creators and innovators are appropriately protected.
1.1 DEFINITION OF TERMS
- COPYRIGHT LAW
This is a legal framework designed to protect the rights of creators over their original works, including literary, artistic, musical, and other creative outputs. It provides creators with exclusive rights to reproduce, distribute, perform, display, and create derivative works based on their creations. The key objectives of copyright law are to encourage creativity by granting creators economic incentives and to ensure that creators can control the use of their works.
Key Aspects of Copyright Law:
- Scope of Protection:
The works covered are literary works, music, films, software, and visual arts, amongst others. The rights granted are reproduction, distribution, performance, display, and creation of derivative works.
- Duration:
The typical term under Copyright protection generally lasts for the life of the creator plus 70 years (in most jurisdictions, such as the United States[1] and European Union[2]). For corporate authorship, the term is typically 95 years from publication or 120 years from creation, whichever is shorter.
- Limitations and Exceptions:
- Fair Use/Fair Dealing: Provides limited exceptions for use without permission for purposes like criticism, comment, news reporting, teaching, scholarship, or research.
- Public Domain: Works that are no longer protected by copyright and can be freely used by anyone.
- ARTIFICIAL INTELLIGENCE (AI)[3]
Artificial Intelligence (AI) refers to computer systems designed to perform tasks that typically require human intelligence, such as understanding natural language, recognizing patterns, and making decisions. AI technologies, including machine learning and neural networks, have advanced significantly, leading to new challenges and opportunities in the realm of copyright law.
1.2 ARTIFICIAL INTELLIGENCE (AI) DEVELOPMENT AND USE IN NIGERIA
Artificial Intelligence (AI) is at the forefront of technological advancement, poised to reshape and evolve various sectors globally, including healthcare, finance, and education and agriculture. Nigeria, being the most populated nation in Africa and regarded as the giant of Africa, has recognized the transformative potentials of AI. However, the current state of AI development in the Nigeria remains in its infancy and formative stage, prompting the National Information Technology Development Agency (NITDA), Nigeria’s primary IT regulatory body, in 2022 to actively seek contributions for the formulation of the National Artificial Intelligence Policy (NAIP).[4] The government’s effort and dedication towards the realization of the significant impacts of AI is reflected by this initiative.
Though Nigeria may at the moment lack a comprehensive AI statute or policy, the government has demonstrated quite the dedication and interest in technological advancement. Several initiatives have been launched to promote digital literacy and to also cultivate a culture of innovation such as the establishment of the National Digital Literacy Framework (NDLF) by NITDA to provide a consistent definition of digital literacy and to develop relevant curricula[5], launching the Digital Nigeria online portal and the NITDA academy, which are self-learning platforms.[6]These initiatives, coupled with Nigeria’s dynamic tech ecosystem, lay the foundation for potential growth in AI.
Nigeria stands at a crossroads in the journey towards AI development. Challenges persist, particularly in education, funding, and infrastructure. However, the country exhibits profound potential for significant growth with the right policies, improved infrastructure, and an education system aligned with the demands of emerging technologies. Nigeria, with concerted efforts and strategic initiatives, could emerge as a notable player in the global AI landscape, contributing to the ongoing evolution of this transformative technology.
2.1 THE AUTHORSHIP AND OWNERSHIP OF AI-GENERATED WORKS[7]
The advent of artificial intelligence (AI) has revolutionized various sectors, including the creative industry. AI’s ability to generate original works has raised complex questions about authorship and ownership. AI’s impact on copyright regulations is great. A look into international legal frameworks such as the Berne Convention, EU Copyright Law, and national legislation highlights the need for legislative updates to address the challenges and opportunities of AI-generated works. It highlights the necessity to adapt legal systems to the realities of the digital age, where AI plays an increasingly significant role in content creation.
In Nigeria, the Copyright Act 2022 provides for works that qualify for copyright protection.[8] The eligible works for copyright protection under the Act are literary works, musical works, artistic works, audiovisual works, sound recordings, and broadcasts. The prerequisite for legal protection of a work under copyright is that it meets the requirement of being original. Originality in this sense means that the work must be the author’s intellectual creation.[9]Thus, the test of originality entails sufficient effort being expended in creating the work to give it an original character.[10] It therefore implies that the work must not have been copied from another source.
Where a literal interpretation of originality is taken, one may ask whether an AI is capable of producing copyright works that have an original character. In this regard, an AI machine can expend time, energy and effort in creating such work without copying; hence, the resultant copyright work can satisfy the requirement of originality under this standard. Consequently, copyrighted works are perceived as a manifestation of the author’s ingenuity. Interestingly, one may wonder if AI systems are capable of expressing their personalities in this way. Does an AI system have feelings or emotions that it may represent through its work? Others may argue that AI is not human at this point in its evolution as it does not possess emotions or a soul to leave its mark on a piece of art. One may object further that, because AI is still human and makes some decisions while creating a work that is protected by copyright, the work still bears the AI’s unique signature.
However, the decisions made by an AI computer are often restricted to the options that were preprogrammed into it. It must be noted that in terms of personality, the Copyright Act[11] has defined an author as in:
- Audiovisual work to mean the person by whom the arrangements for the making of the audiovisual work were made, unless the parties to the making of the audiovisual work provide otherwise by contract between themselves.
- Collective work, to mean the person responsible for the selection and arrangement of the collection. With the expression of an idea and the expansion of sufficient effort being the determining factors for originality in Nigeria, creative works produced by AI systems without human intervention may seem to qualify as original where sufficient effort has been expended by an AI system during the making of a work.
- A photographic work, means the person who took the photograph.
- Sound recording, means the person by whom the arrangements for the making of the sound recording were made.
- A broadcast transmitted from within any country, means the person by whom the arrangements for the making or the transmission from within that country were undertaken.
Also, it is worthy to note that the author of the work must be a Nigerian citizen, a person domiciled in Nigeria, or a company incorporated in Nigeria and the work must have been first published in Nigeria.
Flowing from the above it is deduced that although the expression of an idea and the expansion of sufficient effort being the determining factors for originality in Nigeria, creative works produced by AI systems without human intervention may not seem to qualify as original where sufficient effort has been expended by an AI system during the making of a work. Additionally, AI has no legal personality and it is not recognized under our law, hence, AI related work will not be able to enjoy any proprietary right to copyright in Nigeria.
Furthermore, Copyright protection entitles an author to both the economic and moral rights. The economic right gives the owner the right to exploit their work through reproduction, publication, performance, translations, adaptations, and turning it into a sound recording or film among others.[12] Under section 14 of the Copyright Act, the moral right entitles an author to claim paternity over a work which they have created and aims at preventing the authorship over such work from being attributed to anyone other than the author of such work. It also gives the author the right to object in connection to any distortion of their work, a right that cannot be transferred and also lasts forever. As mentioned above, moral rights are considered to be personal to authors and aim to protect their honour, reputation, and connection to their work. While AI systems have the ability to produce works that are indistinguishable from human creations, they lack honour, reputation, and personality, which raise the question of whether moral rights can be given to them.
2.2 LEGAL ISSUES AND CHALLENGES
In Nigeria, as artificial intelligence (AI) technologies advance, several emerging legal issues related to copyright law are gaining prominence. These issues reflect global trends while also addressing specific local contexts
- Creation of AI-Generated Works:
Authorship and Ownership: Traditional copyright law grants rights to human creators. However, AI systems can autonomously generate creative works, raising questions about who owns the rights. Questions as to whether it is the developer of the AI, the user of the AI, or if the work is even eligible for copyright protection.
- AI Training Data and Copyright Infringement:
Data Use: AI systems often require large datasets for training which may include copyrighted materials. The use of copyrighted materials for training data poses legal questions regarding fair use, especially when such data is used to create new works. The Nigerian Copyright Act includes provisions on fair dealing, but their applicability to AI training is not well-defined.
- Derivative Works and AI:
AI can create derivative works based on existing copyrighted materials or contents. Determining whether AI-generated content qualifies as a derivative work and what rights holders are entitled to can be complex. The application of copyright to derivative works created by AI is still evolving, and courts are grappling with how to apply existing laws to these new technologies. The concept of derivative works is covered in Nigerian copyright law, but its application to AI-generated content is unclear
- International Perspectives:
Different countries have varying approaches to copyright and AI. For example, the European Union has proposed regulations that include considerations for AI and intellectual property, while other jurisdictions may take different stances.
Nigeria is influenced by international copyright norms and regional agreements, which may not yet fully address AI-related issues. Nigeria is a member of international agreements such as the Berne Convention and the World Intellectual Property Organization (WIPO), which guide copyright protection but may not specifically address AI.
- Ethical and Policy Considerations:
Policymakers must balance the protection of creators’ rights with the need to foster innovation and ensure that AI technologies can develop and operate effectively. Ongoing debates and legislative efforts aim to address the challenges posed by AI in the context of copyright law, including the possibility of new frameworks or amendments to existing laws. The Nigerian Copyright Commission and other stakeholders are exploring potential updates to address emerging issues, including those related to AI.
CONCLUSION
The integration of AI into creative industries presents significant challenges for copyright law in Nigeria. As AI technology evolves, Nigerian legal frameworks will need to adapt to ensure that they adequately address issues of authorship, ownership, data use, derivative works, and alignment with international standards. Ongoing discussions and potential legislative reforms will be crucial in shaping how copyright law evolves in response to these technological advancements. In conclusion, determining authorship and ownership of AI-generated works is a complex and evolving issue. It requires a careful balance between protecting individual creativity, acknowledging the capabilities of AI, and ensuring fair access to AI-generated content.
FOOTNOTES:
[1] U.S. Copyright Office: [Copyright Registration for AI-Generated Works] https://www.copyright.gov/
[2] European Union Intellectual Property Office (EUIPO) https://euipo.europa.eu/ohimportal/en/ai-and-ip
[3] Berkman Klein Center for Internet & Society: [AI and Copyright] https://cyber.harvard.edu/
[4] OECD, AI Policies in Nigeria https://oecd.ai/en/dashboards/countries/Nigeria
[5] Luminous Jannamike, “FG targeted 95% digital literacy in Nigeria by 2030’ (12 October 2021) https://www.vanguardngr.com/2021/10/fg-targets-95-digital-literacy-in-nigeria-by-2030/
[6] Na’ankwat Dariem, ‘Nigeria Launches Digital Literacy Framework to Boost Skills, Technology Export’. Voice of Nigeria (VON) https://von.gov.ng/nigeria-launches-digital-literacy-framework-to-boost-skillstechnology-export/
[7] David Ekanem: Artificial Intelligence and Copyright Protection in Nigeria, Legal Impact and Challenges Streamsowers & Khon
[8] Section 1 (1) of the Copyright Act 2022
[9] A. O. Oyewunmi, Nigerian Law of Intellectual Property, (University of Lagos Press; 2015) Pp. 32-33
[10] Section 1 (2) (a) of the Copyright Act 2022
[11] Section 108
[12] Sections 9-13
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