Copyright Law and Artificial Intelligence: A Critique of the Emerging Legal Framework in Nigeria

The question of who owns the intellectual property rights in works generated by artificial intelligence is unsettled. Classic IP arguments state that it would lie with the creator of the intelligent machine, but as Artificial Intelligence becomes more advanced and exhibit more independence of their creators, it may become overstretched to maintain the argument that the creator of the machine has rights over its works. The advancement of AI poses a challenge to jurists and IP enthusiasts alike to reconsider the notions that underpin intellectual property law as a whole. There is an absence of a comprehensive legal regime for the protection of works generated by artificial intelligence in Nigeria. Like in most Intellectual Property Laws, the concept of ownership under the Nigerian Copyright Law is tied to personhood (an individual who is a citizen of or is domiciled in Nigeria or a body corporate incorporated by or under the Laws of Federation of Nigeria).It is proposed that without I.P protection, it would be difficult if not impossible for humans who have used the processing power or learning abilities of A.I to create or invent-to commercialise AI creations or inventions.