COMPARATIVE ANALYSIS OF THE LEGAL FRAMEWORK FOR THE PROTECTION OF AI-GENERATED PRODUCTS IN UK, USA, AUSTRALIA, CHINA, EU & NIGERIA

Abstract

The rapid evolution of Artificial Intelligence (AI) has transformed the global landscape of creativity, obscuring the traditional boundaries of human authorship and innovation. Through the use of machine learning and algorithmic processes, AI now independently produces literature, music, designs, and inventions, challenging the central principles of Intellectual Property (IP) law that have traditionally been centered on human creativity and authorship. The research aims at studying the extent to which other jurisdictions protect works that are AI generated, highlighting their varied legislative, judicial, and policy responses. Employing a qualitative doctrinal approach, complemented by comparative legal analysis and policy evaluation, this study examines how AI-generated products are protected under the intellectual property regimes of the United Kingdom, United States, Australia, China, the European Union, and Nigeria. The study finds that while jurisdictions such as the UK and China are making significant strides in adapting their legal frameworks through statutory provisions, judicial interpretation, and policy innovation, Nigeria remains bound by traditional human-centered legal framework that recognizes only human creators. The work further identifies emerging judicial inclinations, particularly in China, towards a hybrid model that recognizes AI-assisted works where substantial human input was demonstrated. The study concludes that Nigeria’s current IP laws are inadequate to address the intricacies of AI-generated works. It recommends dedicated legislative reform to protect AI-generated and AI-assisted works, capacity-building for judges and stakeholders. These measures are necessary to ensuring that Nigeria’s IP law advances simultaneously with global technological advancements, thereby promoting innovation, creativity, and sustainable economic growth.