Artificial Intelligence (AI), defined as the stimulation of human intelligence processes by machines through computer systems programmed to think like humans, suffers from intellectual property protection more so on the copyright protection in Kenya.
The Copyright Act, as amended in 2022, and the Copyright Regulations (2020), provide that copyright protections are only accorded to human work which constitute original authorship.
Since the adoption of artificial intelligence which serves to complement human innovation, copyright laws have maintained the status quo; only protecting original authorship by the humans.
The question of copyright protection on the use of artificial intelligence remains unanswered to date risking the protection of original authorship for published work.
Integrating AI poses mind-provoking and one doesn’t stop but wonder; Who between me and the AI owns the copyright? Who stands to be protected from copyright infringement?, and who has the right to seek redress in case of a violation?
Until we resolve these concerns, innovation in the artificial intelligence era will face uncertainties in so far as copyright ownership/protection is concerned.
There is therefore need for amendments of the Kenyan laws to provide for the copyright ownership/protection where published work entails artificial intelligence.
Providing for these safeguards will help bridge the gap on the place of authorship through artificial intelligence and rights accorded to the copyright owner.
Susan Mute is a lawyer and legal researcher.
