Contributor: Janeth Udoka
Introduction
The rapid growth of artificial intelligence (AI) in Nigeria has raised legal challenges, particularly in copyright law. As AI technologies become more autonomous, the existing copyright framework may not apply to AI-generated content. This article explores the ambiguity surrounding authorship and ownership of AI-produced works, highlighting the concerns it poses for creators, businesses, and policymakers. It highlights the need for reform and modernization of intellectual property laws. While AI offers opportunities for innovation and economic development, a lack of clear legal guidance may hinder investment and creative progress. Overly restrictive regulations could suppress innovation. Balancing the interests of human creators, businesses, and the public is crucial to ensure Nigeria’s copyright laws effectively support the integration of AI technologies in its digital economy[1].
Current State of AI Development and Use in Nigeria
Artificial Intelligence (AI) is a significant advancement in technology that can transform sectors like healthcare, finance, and education. Nigeria, the most populous African nation, recognizes its potential in AI development. However, Nigeria’s AI development stage is still nascent. In 2022, the National Information Technology Development Agency (NITDA) initiated a consultative process to gather inputs for the formulation of the National Artificial Intelligence Policy (NAIP)[2]. This initiative signifies the Government’s formal recognition of the importance of Artificial Intelligence (AI) and its commitment to fostering a regulatory and developmental framework that supports AI innovation. Notwithstanding these governmental efforts, evaluations presented during Lagos Startup Week 2023 reveal that AI development in Nigeria remains at an early and underdeveloped stage. Certain experts have characterized the current state of AI as not having reached even preliminary operational phases, underscoring substantial obstacles that continue to impede the nation’s ability to fully harness the benefits and opportunities presented by AI technologies[3].
A significant challenge identified pertains to the educational framework in Nigeria. It is contended by experts that any advancement toward artificial intelligence innovation must legally begin with a comprehensive reform of the existing education system[4]. The integration of AI and emerging technologies into education is crucial for future generations to develop AI skills. Nigeria, despite challenges, has promising AI startups like Uniccon Group, which developed the first humanoid robot[5].
These startups exemplify the nation’s reservoir of talent and its commitment to advancing artificial intelligence (AI). Notwithstanding, they face considerable challenges, including insufficient capital investment and suboptimal infrastructure, which collectively constrain their expansion and impede the broader advancement of AI within the jurisdiction. Issues relating to connectivity, computational capacity, and infrastructural deficiencies constitute significant barriers to the growth of AI in Nigeria. Notably, numerous regions within the country continue to suffer from unreliable internet connectivity, an indispensable prerequisite for effective AI development. Furthermore, the lack of requisite facilities such as data centers and cloud computing services presents substantial impediments to AI research and development initiatives[6].
Who Owns AI-Generated or Assisted Works?
The US Copyright Office has clarified that copyright protection is for works created by human creativity, excluding non-human entities. This aligns with case law, such as the Naruto v. Slater case, where a photograph captured by a non-human subject was deemed ineligible for copyright protection due to a lack of human authorship. Thus, only works created by human authors qualify for copyright protection; AI-generated work based on human prompts is not eligible for copyright protection, as the creative process is attributed to the technology. However, if the work incorporates AI-generated content and significant human contribution, it may qualify for copyright protection. The definition of “sufficient” human involvement is subjective and assessed on an individual basis[7].
The European Union has a legal framework that defines the criteria for defining an output as a “work,” which must fall within literary, scientific, or artistic domains, originate from the author’s intellectual creation, and demonstrate originality. AI-assisted works are attributed to natural persons who exercise creative control and make substantive decisions, ensuring the output meets copyright protection requirements. However, the integration of artificial intelligence in the creative process has introduced complexities in distinguishing between human and machine authorship, complicating the determination of originality and ownership rights.[8].
The Copyright Act 2022 in Nigeria does not address the ownership and copyright protection of AI-generated works. The Act defines copyrightable subject matter as “original creations of the author’s intellect,” requiring human intellectual contribution. However, AI lacks human attributes and legal personality, making it unrecognised as a proprietor of copyright. This lack of regulation suggests the need for legislative reform to effectively regulate and protect intellectual property arising from AI technologies[9].
The legal challenge of determining authorship and ownership of AI-generated works is complex and evolving, requiring a balance between human creativity, AI’s role, and equitable access. As AI technologies advance, legal frameworks must adapt to address these issues. Consultation with a legal professional and reference to the latest statutes, case law, and regulatory developments are recommended. The discourse surrounding AI-generated intellectual property remains unresolved, highlighting the need for continued legal analysis and legislative refinement[10].
Liability in AI-Generated Infringement
AI-generated content poses a legal challenge in determining liability for infringement. AI systems process and synthesize extensive datasets, potentially infringing on copyrighted works. Liability questions arise regarding the responsibility of the user, developer, or AI system. As AI lacks legal personhood, liability is likely on the individual or entity deploying the infringing content. To mitigate the risk of unintentional infringement, developers of generative AI tools should proactively ensure compliance with intellectual property laws, including securing appropriate licenses for copyrighted datasets used in training their models[11].
Legal Challenges and Cases
Several high-profile cases have already highlighted the legal complexities surrounding AI and IP. For example:
- In Thaler v. Commissioner of Patents, Dr. Stephen Thaler sought to have his artificial intelligence system, DABUS, recognised as the inventor on patent applications filed in various jurisdictions. While certain courts, such as an initial decision by the Federal Court of Australia, momentarily accepted the concept of AI inventorship, the Full Court of the Federal Court of Australia later reversed this position in April 2022, affirming that only natural persons may be designated as inventors under existing law. Other jurisdictions, including the United States and the European Union, have consistently maintained this stance. In the United States, Title 35 of the Patent Act provides a clear framework: Section 100(f) defines an “inventor” as an individual who invents or discovers a new and useful process, machine, manufacture, or composition of matter; Section 102 addresses the requirements of novelty and non-obviousness, applying these criteria exclusively to natural persons; and Section 115 mandates that an oath or declaration must be executed by a human inventor. Similarly, under the European Patent Convention (EPC), Article 81 requires that the inventor designated in a European patent application be a natural person. The Patent Cooperation Treaty (PCT) Rule 4.17 likewise stipulates that the named inventor must be a human being. In Nigeria, the Patents and Designs Act of 1970, under Section 1(1), also recognizes the inventor as a “person” who creates or develops an invention, thereby implying a natural person and conferring corresponding rights to such inventors[12].
- In early 2023, Getty Images initiated legal proceedings against Stability AI, alleging that the company unlawfully utilized millions of copyrighted images owned by Getty without authorization to train its AI-based image generation model. The lawsuit highlights significant legal concerns surrounding the use of copyrighted materials in the training of artificial intelligence systems and underscores the potential for intellectual property infringement arising from such practices[13].
These cases highlight the pressing necessity for the development and implementation of updated legal frameworks capable of addressing the distinct and evolving challenges that artificial intelligence presents within the realm of intellectual property law.
Conclusion:
As artificial intelligence continues to reshape creative and technological landscapes in Nigeria and globally, existing copyright and intellectual property frameworks must evolve to address the legal uncertainties it introduces. The absence of clear legislation on AI-generated works, particularly regarding authorship, ownership, and liability, poses significant risks for creators, innovators, and businesses. While AI offers transformative potential, it simultaneously challenges traditional notions of human creativity and legal responsibility. Nigeria must act proactively by reforming its copyright and IP laws to reflect technological realities, ensuring that innovation is both encouraged and adequately protected. Collaborative efforts among lawmakers, legal practitioners, tech stakeholders, and educational institutions will be critical in shaping a balanced, inclusive, and forward-looking legal regime that fosters innovation while safeguarding the rights of creators in the AI era.
REFERENCE
- David Ekanem; Artificial Intelligence and Copyright Protection in Nigeria, Legal Impact and Challenges. Streamsowers & Köhn, Available at https://sskohn.com/wp-content/uploads/2024/05/Artificial_Intelligence_and_Copyright_Issues_in_Nigeria_-_2024.pdf accessed May 2025. ↑
- OECD, AI Policies in Nigeria. Available at https://oecd.ai/en/dashboards/countries/Nigeria accessed May 2025. ↑
- Bolu Abiodun, “AI in Nigeria has not even started crawling” (2023) available at
https://techpoint.africa/2023/07/19/state-of-ai-in-nigeria/ accessed May 2025 ↑
- Ibid. ↑
- Na’ankwat Dariem, Nigeria to unveil Africa’s First Humanoid Robot “Omeife” Voice of Nigeria (VON) (2022)
Available at https://von.gov.ng/nigeria-to-unveil-africas-first-humanoid-robot-omeife/ accessed May 2025
-Omeife stands as the inaugural African humanoid, exhibiting a striking resemblance to humans and possessing proficiency in language, mobility, navigation, and behavioral intelligence through the utilization of AI and Computer Vision capabilities. This multipurpose assistance robot is intricately programmed to possess a
profound understanding of African culture and behavioral norms. Notably, Omeife displays linguistic versatility
by fluently speaking 8 distinct languages beyond English. This linguistic repertoire includes Yoruba, Hausa,
Igbo, French, Arabic, Kiswahili, Pidgin, Wazobia, and Afrikaans. The introduction of Omeife took place at the
Gulf Information Technology Exhibition (GITEX) in Dubai. The unveiling was executed by Professor Isa Pantami,
the Nigerian Minister of Communications and Digital Economy. Professor Pantami commended Uniccon Group
for its dedicated efforts in spearheading technological innovation on the African continent, marking a
significant stride in advancing the field of robotics. ↑
- Bolu Abiodun, “AI in Nigeria has not even started crawling” (2023) Available at
https://techpoint.africa/2023/07/19/state-of-ai-in-nigeria/ accessed May 2025. ↑
- Navigating IP Challenges In An Era Of AI Generated Content; Woye Famojuro & Uzochukwu Kpaduwa. Available at https://www.mondaq.com/nigeria/copyright/1621770/navigating-ip-challenges-in-an-era-of-ai-generated-content accessed May 2025. ↑
- Ibid. ↑
- Ibid. ↑
- Ibid. ↑
- The Adoption Of Artificial Intelligence (Ai) In Nigeria’s Legal Landscape: Examining Intellectual Property, Data Privacy, And Ethical Considerations; Olatomiwa Rhoda Olawole. Available at https://www.mondaq.com/nigeria/privacy-protection/1567242/the-adoption-of-artificial-intelligence-ai-in-nigerias-legal-landscape-examining-intellectual-property-data-privacy-and-ethical-considerations accesed May 2025. ↑
- Ibid. ↑
- Ibid. ↑
