Is Fair Dealing protection enough for Gen-AI related infringement claims?

In this publication, TEMPLARS Partner, Emmanuel Gbahabo, CCEP-I, and Senior Associate, Oyeyemi Aderibigbe, address the complexities of protecting creative works amid the rise of generative AI (GenAI) and copyright laws in Nigeria. As AI systems evolve, they pose significant challenges to defining creative rights associated with training data and foundational models.

The article emphasises the urgent need for Nigeria’s legal framework, including the Copyright Act and forthcoming AI legislation, to adapt to these complexities. It advocates for clearer guidelines on copyright, transformative use, and fair use defences to ensure that both creatives and AI developers receive adequate recognition and compensation.

Citing the European Union’s Copyright Directive, the authors stress that outdated laws could stifle innovation and economic benefits, particularly for businesses with extensive creative portfolios. A balanced approach is necessary to protect personal rights while accommodating public interests in copyright works.

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