The rapid evolution of artificial intelligence (AI) has ushered in a new era of creativity and innovation, but it has also sparked complex legal questions, particularly in the realm of intellectual property (IP). Recent developments, such as the whistleblower allegations against OpenAI for copyright infringement and the growing number of lawsuits globally, highlight the urgent need for legal frameworks to address the unique challenges posed by AI-generated content. For Nigerian lawyers, this is not just a distant concern, it is a pressing issue that demands attention and proactive engagement.

The Core of the Problem

AI systems, such as ChatGPT, DALL·E, and others, are trained on vast datasets that often include copyrighted works. These systems then generate content text, images, music, or code that may bear striking similarities to existing protected works. The question arises, who owns the IP rights to AI-generated content? Is it the developer of the AI, the user who prompted the creation, or the original creators whose works were used to train the AI? Or does the content fall into the public domain by default?

The legal ambiguity is further compounded by the fact that many jurisdictions, including Nigeria, do not have explicit laws addressing AI-generated content. The Nigerian Copyright Act, for instance, was designed with human creators in mind, leaving a gap when it comes to non-human entities like AI. This creates a fertile ground for disputes, as seen in cases like Getty Images v. Stability AI, where the plaintiff alleges that the AI company used copyrighted images without permission to train its model.

Beyond the legal technicalities, there are also ethical questions about the exploitation of creators’ works without compensation.

A Call to Action

The global discourse on AI and IP is evolving rapidly, and lawyers cannot afford to be bystanders. The legal profession must engage in interdisciplinary collaborations, staying abreast of technological advancements and their implications. This includes participating in policy discussions, contributing to the development of local and international frameworks, and representing clients in emerging disputes.