THE LEGAL AND ETHICAL CHALLENGES OF PROTECTING AI-GENERATED WORKS: ADDRESSING GAPS IN CURRENT INTELLECTUAL PROPERTY FRAMEWORKS

This research critically examined the legal and ethical challenges associated with protecting AI-generated works, with a focus on addressing the gaps within existing intellectual property frameworks in both Nigeria and other jurisdictions. As artificial intelligence became increasingly capable of producing literature, music, art, and inventions without direct human input, longstanding assumptions about authorship, creativity, and ownership were challenged. The project explored how major jurisdictions including the United States, the United Kingdom, and the European Union responded to the question of whether AI could be considered an author or inventor. It also evaluated the Nigerian legal system, particularly the Copyright Act and the Patent and Designs Act and identified their inherent reliance on human creativity as a barrier to the recognition of AI-generated content. Through a detailed doctrinal and comparative analysis, the study highlighted key judicial decisions such as Thaler v. Vidal and official policy positions like that of the U.S. Copyright Office, which reiterated that only human-created works are eligible for protection. The ethical dimension was also examined, drawing on philosophical literature to analyse the implications of assigning legal personhood or rights to non-human agents. Furthermore, the study reviewed practical concerns such as data bias, accountability, and moral rights in the context of AI. Ultimately, the research found that current IP laws were outdated and incapable of addressing the nuances of autonomous creativity. It concluded that while human agency remained central to IP protection, legal reform was urgently needed to either expand existing definitions of authorship or create sui generis regimes that acknowledged AI’s growing role in innovation. The project offered concrete recommendations for policymakers, including the introduction of hybrid models that balanced innovation, fairness, and human dignity within the evolving creative ecosystem.