THE MIRROR THEATRE: AI CREATIVITY & THE LAW; CONTEMPORARY PITFALLS AND FORWARD-THINKING SOLUTIONS

1.0 INTRODUCTION

After seeing the popular Marvel movie Iron Man, as an inquisitive child with a steaming interest for science and creativity, I often pictured a world with robots oiling the wheels of man’s endless ambition for comfort and distinction. In the year 1956, a creation whose evolution would surpass my little dream and the imagination of the 21st century denizens was born. John McCarthy one of its founding fathers, called it;

 “The science and engineering of making intelligent machines, especially intelligent computer programs.” He further clarified that intelligence refers to “the computational part of the ability to achieve goals in the world”[1]

Artificial Intelligence has grown to be one of man’s most remarkable creations. Its brilliancy and cognitive adaptability is a trait worthy of the title; 8th wonder of the world. AI has been like a thread which creatives use to weave amazing works of art. Some of these creations are so impressive that people begin to question how deeply androids really are involved in their making. For example, in October 2018, the portrait of “Edmond De Belany,” an AI generated painting, was sold at approximately $432,000 in Christie’s New York.[2] Circumstances like these provoke some dire questions. Who owns AI generated contents? Are there comprehensive legal frameworks governing disputes on copyrights and royalties? What economic effects and threats does the depth of AI pose to humanity? These are all pivotal points which will be addressed in a detailed sequence.

The aim of this essay is to culminate the critical essence of copyright legislation in regulating the evolution of Artificial Intelligence creativity, and the need for these laws to address emerging disputes revolving around this field, ensuring a balanced and effective application of legal protections as well as innovation principles.

2.0 OVERVIEW OF COPYRIGHT LAW IN NIGERIA

 Simply put, copyright is the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something. It is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are several creative works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, et al. In Nigeria, the Copyright Act LFN 2004 is the principal legislation that governs and protects copyrights, while the regulatory agency that supervises copyright registration in Nigeria is the Nigerian Copyright Commission (NCC).[3] 

While the Copyright Act of Nigeria does not explicitly define the term “Copyright," it however states what copyright is by outlining: the types of works that are protected; the rights granted to the creator/owner (like reproduction, distribution, adaptation, etc.); the duration of protection; and conditions for eligibility of work. According to the precedent set in Adeokin Records Ltd. v MCSN[4], the court reiterated that copyright protection is embedded solely in the author or right-holder of a work. Furthermore, the decision emphasized the human-centered nature of copyright laws in Nigeria and its shortcoming in addressing AI generated works that lack clear human authorship. To clarify the scope of materials eligible for copyright protection, Section 1 of the Copyright Act[5] asserts that copyright shall be conferred on the following categories of works:

●      Literary works

●      Musical works

●      Artistic works

●      Cinematograph films

●      Sound recordings and

●      Broadcasts.

A notable grey area in the legislation is its failure to address the copyright status of works created by Artificial Intelligence. The law currently only extends protection to works built by human creatives, thus leaving unanswered an exigent question: “ Who takes accountability or credit for outputs generated by AI prompts including deepfakes and other derivative works?”

2.1 ATTRIBUTION AND LIABILITY FOR AI CREATIONS

This unfolding act will be staged in three pivotal scenes bordering on a trio of pivotal questions. First, the conundrum of attribution: Who takes credit and ownership for AI generated works? Second, the mask of liability: Who is held responsible for harmful contents generated by AI such as fundamental human rights abusing deep fakes and infringement on copyright legislations? Third, the climax: Can AI really be honoured with copyright entitlements without being conferred the status of legal entity?

To commence this inquiry, I approach on the grounds of a common life principle of commending before condemning. Since its first launch, Artificial Intelligence has been of immense help to mankind. From groundbreaking discoveries, to major advances in scientific research, education, and even the legal profession. Amidst this brilliant array of intellectual products lies the question of commendation. Primarily, AI contents are generated through precise prompts tailored to the interest of the prompter. The principle of law in Nigeria is, only works with an investment of human efforts are eligible for copyright. In the landmark case of Li v Lui[6], The plaintiff, Mr. Li, used Stable Diffusion (an artificial intelligence) to generate the image involved in the case and published it on the Xiaohongshu (Little Red Book) platform; the defendant, a blogger on Baijiahao, used the image generated by the plaintiff’s AI to accompany the article, and the plaintiff sued. The Court held that the artificial intelligence-generated image involved in the case met the requirements of “originality” and reflected a human’s original intellectual investment and should be recognized as works and protected by copyright law.[7]A bulwark for this consensus reached by the court is acknowledging AI generated intellectual products to the human prompters and not the AI itself.

Furthermore, the debate on liability concerning faults birthed by AI contents can clearly be resolved considering the fact that the machine didn't act on its own. It was prompted. There are particles of human efforts in every AI generation. Therefore, given that AI has no independent consciousness as established by courts and professional regulatory bodies, the legal burden for any harmful content it produces must lie on the human mind intentionally responsible for its creation and deployment. This principle should be clearly spelt out in the Nigerian Copyright Act in order to distill any ambiguities on the liability factor concerning harmful AI contents especially copyright infringement.

Third, it can be deduced from the rational conclusion that copyright protection can only be granted to individuals or entities recognized as having a legal personality. The debate on granting electronic personhood to AI is a broad topic on its own, considering the fact that it lacks consciousness, intent, and moral agency. In the popular case of Thaler v. Perlmutter,[8] Stephen Thaler attempted to register a piece of visual art called “A Recent Entrance to Paradise”, created entirely by an AI system he developed (called the Creativity Machine). The copyright office of the US rejected his application and he sued. The court held that copyright protection could only be granted to works with an outstanding degree of human effort. Predominantly, AI lacked legal personhood and could not hold copyright or be granted legal authorship. The jurisprudential tenet established in this case, clearly addresses issue three unequivocally.

3.0 NOTABLE EXAMPLES OF AI AND HUMAN CREATIVITY PRODUCING HIGH-VALUE ARTWORKS

❖    Alice and Sparkle (2022) by Ammaar Reshi: This is a children’s picture book created entirely using ChatGPT (text) and Midjourney (art) over one weekend. Its release sparked debate about AI ethics and copyright.[9]

❖    Portrait of Edmond de Belamy: In October 2018, the French art collective Obvious used a Generative Adversarial Network (GAN) trained on 15,000 portraits to create Portrait of Edmond de Belamy. The painting sold at Christie’s New York for US $432,500, well above its US $7,000–10,000 estimate [10].

❖    A.I. God. Portrait of Alan Turing (Ai‑Da Robot): In November 2024, Ai‑Da, the world’s first humanoid robot artist, painted a portrait of Alan Turing titled A.I. God. It sold at Sotheby’s New York for approximately US $1,084,800, smashing its pre-sale estimate of US $120,000–180,000.[11]

❖    Living Architecture: Casa Batlló (Refik Anadol): Casa Batlló, an AI reinterpretation of Gaudí’s iconic building data, sold at Christie’s for US $1.38 million, blending cultural heritage with digital innovation.[12]

❖    Sophia Instantiation (Sophia the Robot & Andrea Bonaceto): In March 2021, Sophia the robot collaborated with artist Andrea Bonaceto to create Sophia Instantiation, a digital portrait that sold as an NFT for US $688,888 on Nifty Gateway.[13]

4.0 PROPOSED REFORMS FOR AI AND COPYRIGHT LEGISLATION IN NIGERIA

A friend of mine out of deep respect for intellectual property, declined a pirated pdf of Chimamanda Adichie’s “Dream Count," during the early release of the novel, insisting instead on purchasing an original copy. Her reverence for intellectual property and copyright is an attitude every consumer needs to possess. This philosophy is the bedrock housing the essence of copyright laws, which is to protect the creative labour of authors. Nevertheless, as the evolution of Artificial Intelligence increasingly poses detrimental effects, our existing laws need to be amended to address the legal dilemmas it creates.

To begin, Nigerian copyright laws should acknowledge the distinct nature of AI creation and succinctly amend the norms to accommodate matters bothering on ownership and copyright infringement. Several international case studies and organizations have taken a common stance on this issue. To ensure its swift application, there must first be crystal clear legislations and policies outlining permissible boundaries and liabilities.

Diving deeper, it is one thing to have laws and it is entirely different having efficient enforcement mechanisms properly placed. The Nigerian Copyright Commission should deploy a counter plagiarism technology, capable of flagging pirated contents including the ones created by AI. This will make it easy to apprehend offenders and dispense justice accordingly.

Moreover, there ought to be a solidarity in legal debates concerning the detriments and possible benefits, if any, of granting AI the status of legal personality which would be a prerequisite to earning entitlement to copyright protection. These are all key areas which must be effectively addressed if the sanity of copyright laws in the age of Artificial Intelligence must be maintained. Nigeria could serve as a pace setter in properly addressing the disputes of copyright laws in the age of Artificial Intelligence for African countries and potentially the international arena. Distilling threads of human prompts from the fabric of AI creation by stating that there would be no AI creation without human intervention is of immense necessity in this sacred mission.

 

 

5.0 CONCLUSION

Drawing the curtains on this stage, my childhood vision of a 21st century thriving on creativity with the assistance of androids and Artificial Intelligence, vividly streams like living waters from a fountain of hope. Despite not being at the forefront of this development in the STEM sector, I believe a comprehensive legislative overhaul is a necessity in striking a balance amidst the rapid surge of this profound innovation. The world is evolving, and I see no reason the law should not. Copyright enactments not just in Nigeria but globally, should be amended to ensure its adaptability and effectiveness in addressing creativity concerns bordering on Artificial Intelligence and creativity. Innovation without regulation is a recipe for chaos. The mandate for the judicious use of AI in beautifying the gallery of ingenuity lies in the mind of every denizen in this century. In summary, I conclude with the famous words of Voltaire when he said; “With great power comes great responsibility.”

 

[1] John McCarthy, What Is Artificial Intelligence? (Stanford University, revised 12 November 2007)

[2] Gabe Cohn, ‘AI Art at Christie’s Sells for $432,500’ The New York Times (25 October 2018). 

[3] Olusola Johnson Jegede and Winifred Idiaru, ‘Overview of Copyright Law and Copyright Registration in Nigeria’ (Mondaq, 9 September 2020) https://www.mondaq.com/nigeria/copyright/983450/overview-of-copyright-law-and-copyright-registration-in-nigeria accessed 7 August 2025

[4] (2011) 5 NWLR (Pt. 1240) 588

[5] (Cap C28 LFN 2004)

[6] Jing 0491 Min Chu No. 11279 (2023)

[7] Beijing Internet Court Releases Translation of Li vs. Liu Recognizing Copyright in Generative AI (China IP Law Update, January 2024) https://www.chinaiplawupdate.com/2024/01/beijing-internet-court-releases-translation-of-li-vs-liu-recognizing-copyright-in-generative-ai/ accessed 8 August 2025.

[8] 2023 WL 5333236 (D.D.C. Aug. 18, 2023)

[9] Luke David, ‘10 Groundbreaking Books Written by Author AI: New Voices in Literature’ Culture.org (20 August 2024) 

[10]Ibid McCarthy (n 1)1

[11] ‘I Ai‑Da’s AI‑Generated Portrait of Alan Turing Sells for $1.08 Million’ CNN (8 November 2024).

[12] Refik Anadol, ‘Living Architecture: Casa Batlló Sells for $1.38 Million at Christie’s’ Tatler Asia (2025).

[13] Andrea Bonaceto, ‘Sophia Instantiation’, Nifty Gateway (NFT sale, March 2021).

ABOUT THE AUTHOR

Denzel Friday is a Nigerian law undergraduate, mental health coach, and emerging voice in Artificial Intelligence Law, driven by a deep commitment to leadership, innovation, and social impact.  His pursuit of excellence is evident in his accomplishments, including being recognized as a Savannah Energy Scholar, ALX Africa Scholar, and an Aspire Institute Scholar. He is also a United Nations Academic Impact Millennium Fellow and Campus Director, where he leads initiatives focused on youth development, education, and social impact.

Denzel is a multiple award-winning writer with an Academy Oscar including a Nobel Prize for Literature in view; and a certified Mental Health Coach with the American Association of Christian Counselors, using his voice to promote awareness and meaningful change. His dedication to growth and distinction earned him a Gold Award in the Queen’s Commonwealth Essay Competition, First-runner Up in the Prestigious Professor Trenchard Ibia’s poetry contest and Fourth-runner up in the National Stories from Nigeria short story contest.

Driven by purpose and a global outlook, Denzel is committed to advancing solutions that promote inclusion, innovation, and sustainable development.