1. ## Introduction
The growth of AI tools over the years raises important legal questions about ownership, authorship and copyright protection. In Nigeria, Copyright is primarily governed by the Copyright Act 2022 (which repealed the Copyright Act 2004) which apparently by its innovations modernised aspects of copyright protection in the digital era, however, it does not expressly address the legal status of AI generated works/contents. The omission creates uncertainty regarding whether AI generated works qualify for copyright protection and who may in fact be regarded as the lawful owner.
This article examines the relationship between AI generated output and copyright protection under the law, highlighting the challenges posed by technologies and potential legal approaches for addressing the issues.
2. ## What Artificial Intelligence (AI) entails
Artificial intelligence (AI) is the capability of computational systems to perform tasks typically associated with human intelligence, such as learning, reasoning, problem-solving, perception, and decision-making. [\[1\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftn1)
Simply put, Artificial Intelligence (AI) means machines or computer programs that can think and act in ways that normally require human intelligence such as learning, writing, analysing patterns, or generating content. AI tools like ChatGPT, Copilot, Midjourney amongst others generate content/data by recombining learned patterns to make new outputs based on prompt given by the users.
It is however important to note that AI does not think like we human, instead it takes in data, processes it and produces it as an output which we know as AI-generated contents/work.
3. ## An overview of Copyright Protection of AI-generated contents under the Nigerian Law
Copyright is a legally established right granted to creators. It is one of the three main branches of intellectual property law which gives the owner the exclusive right to authorise or prohibit certain uses of work by others [\[2\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftn2).
In Nigeria, creators’ rights are protected under the Copyright Act, 2022 which grants rights of reproduction, distribution, distribution and public display to copyrighted works. It is essential to state that technological developments and the realities of modern-day options for creativity and the exploitation of creative works have overtime necessitated the expansion of the scope of copyright both in terms of the nature and subject matter of protection.
According to Section 2(1) [\[3\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftn3) in copyright is classified in various works which are:
Literary works: In University of London Press v. University Tutorial Press [\[4\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftn4), Literary is described as covering a work which is expressed in print or writing. However, a literary work includes, irrespective of literay quality, any of the following works; plays, stage directions, film scenarios and broadcasting scripts; choreographic works; computer programmes; textbooks, treaties, histories, biographies, essays, and articles; encylopedia, dictionaries, directories, and anthologies; letters, reports and memoranda; lectures, addresses and sermons; law reports excluding decisions of the courts.
Musical works: Refer to any musical composition, irrespective of musical quality, and include works composed for musical accompaniment. Essentially, a musical work consists of a combination of sounds arranged in a musical composition. It may also include the lyrics of a song that accompany the musical composition. The protection granted to musical works focuses on the composition itself rather than the performance or recording of the music.
Artistic Works: Artistic works include, irrespective of artistic quality, works such as paintings, drawings, etchings, lithographs, engravings, sculptures, and other similar creations. Like literary works, artistic works cover a wide range of creative expressions. They may include two-dimensional graphic works such as plans and drawings, as well as three-dimensional works such as sculptures and models. While some artistic works possess aesthetic value, others may serve functional purposes. Certain works, such as those of artistic craftsmanship, may combine both artistic and functional elements. Nevertheless, irrespective of these distinctions, all original artistic works are eligible for copyright protection.
Audiovisual works are defined as the aggregate of a series of related visual images, with or without sound, which are capable of being shown as moving pictures by means of mechanical, electronic, or other devices, regardless of the nature of the material on which the images and sounds are carried. Such works include the accompanying soundtrack but do not include broadcasts.
Sound Recordings: Copyright in sound recordings refers to the exclusive rights granted to the copyright owner in relation to recorded sounds. These rights include the right to reproduce the sound recording, broadcast it, communicate it to the public, and make it available to the public by wire or wireless means in such a way that members of the public may access it from a place and at a time independently chosen by them. [\[5\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftn5)
According to the Act, copyright ownership firstly vests in the author of the work, who is also regarded as the first owner of the copyright. Under the Section 108 [\[6\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftn6), the word “Author” was defined based on the type of work. “Author” in the case of:
audiovisual work means 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, means the person responsible for the selection and arrangement of the collection;
“author” in the case of cinematograph film, means the person by whom the arrangements for the making of the film were made, unless the parties to the making of the film provide
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; and
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; otherwise by contract between themselves.
Flowing from the above, an author can generally be regarded as the creator of the work. This implies a natural person. The Copyright Act in Nigeria does not expressly address the concept of a non-human author. Rather, the law is built upon the principle of originality, which presupposes that a work must originate from human intellectual effort. Section 2(1) [\[7\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftn7) states that Copyright subsists only in works where “sufficient effort has been expended” to give the work an original character. This has been interpreted to mean human intellectual effort, not machine autonomy.
Notwithstanding these, AI has rapidly become a driving force in the evolution of the global creative industry, cutting across various sectors and fields of human endeavour. As AI continues to generate creative outputs, the question of ownership becomes increasingly complex. The debate on authorship and ownership of AI-generated works typically revolves around three key actors:
the designer or programmer of the AI system,
the AI company or platform that deploys the technology, and
the data contributors whose works may have been used in training the AI model.
The absence of clear statutory provisions regarding AI-generated works, therefore, creates uncertainty as to their legal status and protection under Nigerian copyright law. Hence, Copyright can be owned only by humans or in limited cases, by legal persons acting through natural persons. AI systems cannot be authors or copyright owners. But the position of the law in Nigeria under the Copyright Act remains that AI outputs or generated contents generally have no copyright protection unless significant human creativity is involved. To prove that significant human creativity is involved, such a creator/author must demonstrate that the originality of a work stems from his/her own intellectual contribution rather than the automated output of an AI system. This typically requires keeping clear records that show genuine human creative judgment throughout the process. Where an AI tool is responsible for the essential creative elements, the resulting work may not qualify for copyright protection and could instead be treated as part of the public domain. [\[8\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftn8)
4. ## Conclusion
Nigeria is still at the early stages of figuring out how to regulate content created with the help of artificial intelligence. There are still many unanswered questions, especially about who should own and be recognized as the author of works produced using AI tools. Under the current Copyright Act 2022, only human beings can be recognized as creators. Because of this, there is a gap in the law when it comes to dealing with the new realities brought about by advanced AI systems.
To address this challenge, Nigeria needs to develop a clear and forward-looking legal framework. Such a framework should protect creators, give innovators certainty about their rights, and help the country confidently navigate the fast-growing digital and creative space. [\[9\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftn9)
[\[1\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftnref1) https://en.wikipedia.org/wiki/Artificial\_intelligence
[\[2\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftnref2) Marshall Leafer, Understanding Copyright Law(3rd Ed., New York: Mathew Bender, 1999) 2.
[\[3\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftnref3) Copyright Act, 2022
[\[4\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftnref4) (1916) 2 Ch 601 at 608
[\[5\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftnref5) Section 12 of Copyright Act, 2022
[\[6\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftnref6) The Copyright Act, 2022
[\[7\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftnref7) The Copyright Act 2022
[\[8\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftnref8) https://ng.linkedin.com/in/aisha-morohunfola-031817113
[\[9\]](https://wiseviewlegal.com/ai-generated-content-and-copyright-protection-under-the-nigerian-law/#_ftnref9) \[barristerng.com\\\]\](https://barristerng.com/who-owns-the-copyright-of-ai-generated-works-in-nigeria-by-o-m-atoyebi-san-fciarb-u-k/
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