LLB Research Projects (2024)

Permanent URI for this collection

http://hdl.handle.net/11071/15698

Browse

Browsing LLB Research Projects (2024) by Author "Gumba, G. P."

Now showing 1 - 1 of 1
  • Thumbnail Image
    Item
    Mending the authorship dilemma: assigning authorship rights to ai-generated works
    (Strathmore University, 2024) Gumba, G. P.
    This study focuses on the analysis and determination of what would amount to necessary arrangements under the Copyright Act of Kenya to assess where authorship rights of AI-generated works fall. This study employed qualitative research that will emanate from secondary sources such as scholarly works and case law while examining relevant legal provisions. Through this research, the study has established that there is no clear definition as to what constitutes ‘necessary arrangements’. While many authors have tried to dissect what this entails, when faced with these questions, the courts from jurisdictions such as the UK have adopted the approach of dealing with the matter on a case-by-case basis. In this instance, the court looks at the level of human involvement required to produce the work and sees where to grant the authorship rights. The study went on to draw lessons from Australia as well whose standard of originality in granting protection is much higher. The courts determined this standard to be upheld and that there must be direct human involvement in the production of AI-generated work. Based on these findings, the research proposes recommendations for judges, legislators, the regulatory body of copyright in Kenya (KECOBO), parties who might generate copyrightable works through AI, and legal practitioners. These recommendations suggest that courts determine the question of authorship on a case-by-case basis by identifying the level of human involvement and how much was significant in the production of the work, and to accord a higher standard of originality in order to avoid mistakenly granting authorship rights. The study further recommends that legislators consider clearly defining what computer-generated works are because that would cover AI-generated works as well. Furthermore, the act should be reviewed regularly in light of new technical developments. As AI systems grow more powerful and autonomous, and machine learning becomes more complex, the copyright protection of works created by AI will soon need to be evaluated.