Olaniwun Ajayi LP

Defining Authorship and Ownership in the Age of Artificial Intelligence

AI Generated Works and Copyright Law

Imagine a future where Artificial Intelligence (AI) generates works that rival human creativity. That future is here. Copyright law has long been the cornerstone of intellectual property protection, safeguarding the creative endeavors of human authors and innovators.

As a property right, copyright grants exclusive ownership and control over original works, incentivizing artistic and literary expression. However, the rapid emergence of AI generated works has raised fundamental questions about the nature of authorship and ownership in the digital age. The increasing sophistication of AI algorithms has enabled machines to create complex, original works that rival those produced by humans.
Yet, this newfound machine creativity has created a conundrum. Let’s illustrate this with a story.

Maya creates an AI named Blaze, designed to analyze complex data and produce well-structured answers. John gives Blaze a prompt to write an academic paper, the AI processed vast amounts of data, identified key concepts, and crafted a comprehensive analysis. The resulting paper was coherent and well-reasoned, this resulted in its publication in a prestigious journal. As Blaze’s paper gains academic recognition, a question arose: who owns the rights to this AI-generated masterpiece? Is it Maya, the creator of the AI? Blaze itself, which tapped into the creative zeitgeist? John, who provided prompts and guidance? Or the authors whose works Blaze drew upon? Or perhaps is the work not copyrightable?

This question has significant implications for copyright law, as it challenges traditional notions of authorship, originality, and ownership. As AI generated works become increasingly prevalent, it is essential to redefine the boundaries of copyright protection and clarify the rights and responsibilities of various stakeholders.

This article aims to explore the complexities of AI-generated works and copyright law, seeking to answer the pivotal question: who the author and owner of an AI-generated work with particular focus on the Nigerian legal system.

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