DEVELOPMENTS IN THE IP ARENA: AI X COPYRIGHT AND A NEW IP POLICY
INTRODUCTION
Ever since the emergence of AI, there has been the issue of copyright between the creator and the AI tool itself, and the one question on every IP enthusiast's mind is, “What does this pose to the protection of IP rights?” More so, this question has been a huge contention in the minds of Nigerian Creatives, since the country still has a long way to go in terms of its IP regulations.
However, the recent ruling in The Fave V Urban Choir Chords (an AI Choir) might have just been the change every Nigerian IP lawyer or enthusiast has been expecting.
AI IN NIGERIA
In late 2024, Nigerian Afropop artist Fave released a single titled “Intentions.” Shortly after, an AI-generated choral remix, popularly referred to as the AI Choir / Urban Chords version, went viral on TikTok and Instagram.
The remix composition:
● Used the original composition and lyrics of Intentions
● Replaced background vocals with AI-generated choral harmonies
● Was created without prior authorization from Fave
● Gained more traction than the original release
This instantly raised legal questions around copyright infringement, derivative works, and AI-assisted creativity within Nigeria’s existing Intellectual property framework. This also brought up the issue of AI Identity Appropriation, where the vibe and sonic identity of an artist are used as data without their creative consent. In Fave’s case, so many people were confused as to whether Fave had released a Gospel or Choir Version of her song “Intentions.”
But a major issue still exists, “What does this pose for Fave (the original creator) and any other creators?”
Most people thought that a traditional legal battle would ensue between Fave and the creators of the AI Choir; however, Fave made a strategic IP decision no one ever saw coming.
She:
● Engaged with the creators of the AI choir
● Authorized and officially released a revised version
● Took ownership of the viral momentum
● Became the first Nigerian artist to formally incorporate an AI choir into an official release
This singular action of hers legitimized the track, ensuring that streaming royalties flowed back to her as the original copyright holder, thus ensuring she didn’t lose her creative rights as a result of the AI’s viral production.
IMPLICATION FOR ORIGINALITY AND COPYRIGHT PROTECTION
The Fave case exposed several critical gaps in the Nigerian legal framework:
1. Derivative Works vs. AI Outputs: Under the Copyright Act 2022, an "adaptation" or "derivative work" requires the owner's consent. However, because the "Choir" was 100% AI-generated, it sat in a grey area. If it lacks human authorship, can it be copyrighted at all?
2. AI Does Not Dilute Copyright Protection: The case firmly establishes that AI-assisted creation does not bypass copyright, as original human creators still retain enforceable rights and that “Viral” does not mean “free to use”.
3. Nigeria might be entering AI-IP Enforcement Territory
Although Nigeria lacks AI-specific copyright statutes, this incident shows that the existing copyright law can still apply to IP infringement cases involving AI.
4. Creators Must Pair Creativity with Legal Awareness
The Fave case has become a reference point for Musicians, Content creators, AI developers, and Digital platforms, helping them to see that an infringer need not be human anymore for an IP infringement to be carried out. This also signals a shift from passive tolerance of AI misuse to active rights management in Nigeria’s creative economy.
THE NEW IP POLICY: A UNIFIED FRONTIER
Recognizing the speed of these IP changes, the Federal Executive Council approved the National Intellectual Property Policy and Strategy (NIPPS) on November 6, 2025. This landmark framework represents Nigeria’s first cohesive attempt to transition from a subsistence creative economy to a structured, knowledge-driven powerhouse.
What is the NIPPS?
Developed over five years in partnership with the World Intellectual Property Organization (WIPO), the NIPPS 2025 is a “whole-of-government” framework that unifies the mandates of the Ministries of Industry, Trade and Investment; Justice; and Arts, Culture, and the Creative Economy. It is built upon five strategic pillars, namely: Knowledge, Policy, Infrastructure, Innovation/Capital, and Trade.
Unlike previous fragmented approaches, the NIPPS aims to move IP from the courtroom to the boardroom. It establishes a National IP Commercialization Framework designed to treat intellectual assets as “bankable” capital. By providing clear protocols for valuation and collateralization, the policy enables creators to use their copyrights or patents to secure traditional bank financing.
Administratively, it mandates the modernization of registries through digital automation and the establishment of an Inter-Ministerial Steering Committee to eliminate the bureaucratic bottlenecks that historically stifled IP registration in Nigeria.
What it Means for the Nigerian IP Landscape
The NIPPS transforms the Nigerian IP landscape from a reactive system into a proactive one. For the creative and tech sectors, it provides a “predictable environment” for investment. By aligning national practice with the African Continental Free Trade Area (AfCFTA) Protocol on Digital Trade, Nigeria has positioned itself as the regional hub for West and Central Africa. The policy ensures that as we export Afrobeats and Fintech solutions, our IP remains protected under a regime that understands modern digital value chains, electronic transactions, and cross-border data flows.
Setting a New Precedent: The Call for Vocal Protection
However, for the NIPPS to fully address the Fave vs. AI scenario, our legislative structure must evolve. While the policy encourages innovation, we must guard against digital identity theft. Nigeria should look toward precedents like the Ensuring Likeness Voice and Image Security (ELVIS) Act 2024 in Tennessee. By enacting a similar “Nigerian ELVIS Act,” our laws would explicitly recognize a person’s voice as a distinct property right. This would prevent unauthorized AI vocal clones from entering the marketplace, ensuring that the unique sonic identity of Nigerian artists remains an exclusive asset that cannot be synthesized without a license.
CONCLUSION
The intersection of AI and copyright is not a threat to be feared, but a frontier to be managed. The Fave scenario proved that artists can thrive alongside AI through strategic adaptation, while the NIPPS 2025 provides the legal scaffolding to turn creativity into capital. As Nigeria implements this unified strategy, we are not just protecting art; we are building an infrastructure where the machine may provide the chords, but the human always owns the song.
References:
1. Copyright Act 2022 (Nigeria).
2. National Intellectual Property Policy and Strategy (NIPPS) 2025 (Federal Republic of Nigeria).
3. World Intellectual Property Organization, 'Nigeria Adopts National Intellectual Property Policy and Strategy' (WIPO News, 12 November 2025).
4. Ensuring Likeness Voice and Image Security (ELVIS) Act 2024 (Tennessee).
5. O Kayode, 'Protecting Creativity: Navigating IP in Nigeria's Creative Economy' (O. Kayode & Co, 29 April 2025).
6. Federal Ministry of Industry, Trade and Investment, ‘FG Unveils National Intellectual Property Policy to Boost Innovation’ (The Journal Nigeria, 22 December 2025).