ARTIFICIAL INTELLIGENCE AND COPYRIGHT AUTHORSHIP UNDER THE NIGERIAN COPYRIGHT LAW

Abstract

The emergence of artificial intelligence (AI) as a creative force presents unprecedented challenges to traditional concepts of authorship under copyright law. This paper examines the current state of Nigerian copyright law regarding AI generated works, analysing the approach of Copyright Act 2022 to authorship requirements and its implications for AI creativity. Through comparative analysis with other jurisdictions, particularly the United States and India, this paper evaluates the adequacy or otherwise of Nigeria’s existant legal framework in addressing AI authorship. Drawing decisions of the Nigerian Supreme Court in MCSN v Compact Disc Technology Ltd and Adeokin Records v MCSN, which clarified authorship principles under Nigerian law, this paper argues that whilst the Copyright Act 2022 maintains strict human authorship requirements, the rapid advancement of AI technology necessitates legislative reform to accommodate AI as a co-author or through alternative frameworks such as sui generis protection. The paper proposes that Nigeria should adopt a flexible approach that recognises human-AI collaborative works under the joint authorship doctrine whilst developing specific provisions for purely AI-generated content. This would better serve the Act's objectives of promoting creativity and innovation whilst ensuring just rewards for intellectual endeavours in the digital age.