COPYRIGHT LAW IN NIGERIA IN THE ERA OF GENERATIVE ARTIFICIAL INTELLIGENCE; A CRITICAL EXAMINATION OF THE POTENTIAL INTEGRATION INTO NIGERIA’S COPYRIGHT LEGAL FRAMEWORK.
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Abstract
While Artificial intelligence has vast uses that is ubiquitous and indispensable in our everyday life, a popular use in recent times is the generation of works of intellectual property ranging from literary works, musical works to audio-visual works. This study explores the
challenges that surface from this intersection between Artificial Intelligence and intellectual property. There are two major issues that arise as regards these works created by Generative Artificial Intelligence systems. The first issue this study addresses is whether text data mining of copyright works used as training data for the development of Generative Artificial Intelligence systems, to create works of intellectual property without license from the holders
of the copyrights, amounts to copyright infringement. To achieve this, a brief explanation of how text data mining works was given, the defence of fair use was examined with reference to relevant case laws and an appraisal of the legal framework in Nigeria as well as in other
jurisdictions on the subject, with a view of considering the possibility of formulating policies that will protect the rights of copyright holders without stifling the development of Artificial Intelligence in Nigeria. The second issue addressed is whether works created by Generative
Artificial Intelligence can be subjects of copyright. This was done by juxtaposing and critically examining the concepts of authorship and ownership, the position of the law on the legal personality of Artificial Intelligence and the prospects of conferring Artificial Intelligence with legal personality and enforcement of the rights that may be so bestowed to Artificial Intelligence in Nigeria.
challenges that surface from this intersection between Artificial Intelligence and intellectual property. There are two major issues that arise as regards these works created by Generative Artificial Intelligence systems. The first issue this study addresses is whether text data mining of copyright works used as training data for the development of Generative Artificial Intelligence systems, to create works of intellectual property without license from the holders
of the copyrights, amounts to copyright infringement. To achieve this, a brief explanation of how text data mining works was given, the defence of fair use was examined with reference to relevant case laws and an appraisal of the legal framework in Nigeria as well as in other
jurisdictions on the subject, with a view of considering the possibility of formulating policies that will protect the rights of copyright holders without stifling the development of Artificial Intelligence in Nigeria. The second issue addressed is whether works created by Generative
Artificial Intelligence can be subjects of copyright. This was done by juxtaposing and critically examining the concepts of authorship and ownership, the position of the law on the legal personality of Artificial Intelligence and the prospects of conferring Artificial Intelligence with legal personality and enforcement of the rights that may be so bestowed to Artificial Intelligence in Nigeria.
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