As we ride the wave of technological advancement, we must ensure that innovation does not come at the cost of exploitation.
As artificial intelligence (AI) continues to astonish the world with its capabilities, from writing articles and generating images to composing music and producing reports, there is an urgent, overlooked reality that demands our attention — the silent, systematic exploitation of intellectual property by AI systems.
While society celebrates innovation, many creators remain muted, their voices drowned out by the roar of technological progress. Their books, music, artwork and more are being used to train machine learning models; the data informs the patterns the algorithms learn, often without the creators’ consent, credit or compensation.
Behind the promise of technological advancement is a quiet but pervasive form of abuse: AI masquerades as innovation. The legal, ethical and cultural implications of AI unchecked require urgent policy responses.
Generative AI systems, such as large language models (LLMs) and image generators, rely on data, much of which is derived from human-created books, articles and artworks. Most of these systems are trained on large datasets containing copyright content scraped from the internet, including subscription-based platforms and pirated sources. Although this is done under the legal doctrine of “fair use”, which is peculiar to the United States, the fairness of that usage is indeed questionable. When a creator’s life work is repurposed to drive a billion dollar AI enterprise without their awareness or permission, this raises serious concerns of intellectual property (copyright) infringement.
Recent legal battles in the US have brought this issue to the forefront. Authors, including David Baldacci and John Grisham, have acted against OpenAI for using their books in training datasets. The plaintiffs allege that OpenAI copied their works wholesale, without permission. As of now, the case remains unresolved, but it has already sparked global debate about ownership, consent, and compensation in the AI era.
It is commendable that countries in the European Union have resorted to making use of the “Opt-in” system. The European Union’s General Data Protection Regulation, or GDPR, is a prime example of the opt-in consent regime. The DPR requires a data subject’s consent to be freely given, specific, informed and unambiguous. It is a framework that contrasts sharply with the “opt-out” model, which treats silence as consent (European Commission, 2023). The EU’s approach affirms the creator’s right to decide how their work is used. This model offers a compelling blueprint that African countries should seriously consider adopting.
Africa’s creative industries, from our musicians and poets to fashion designers and filmmakers are unique and increasingly recognised on the global stage. Yet, they remain underprotected. We lack comprehensive AI policies, and enforcement of our copyright laws is weak. If we do not act now, our artists’ voices may be digitised, globalised and monetised without them ever knowing or benefiting.
We must demand and get involved in making sure that AI systems trained on African content ensure transparency, compensation and consent. Our lawmakers should champion an “opt-in” regime that aligns with ethical standards being proposed in other parts of the world. If African creativity is valuable enough to train billion-dollar platforms, then it is valuable enough to protect.
This issue is not only legal, it is ethical. Creativity is not merely data. Every poem, painting or photograph represents hours of human thought, feeling and labour. To treat such expressions as mere raw material for machines, without recognition or reward, is to devalue the soul of human creativity.
Africa, often excluded from global intellectual property conversations, must not remain silent. Our policymakers must strengthen copyright laws, create ethical frameworks for AI development and prevent the exploitation of African content by international tech firms.
To strike a balance between AI innovation and intellectual property protection, clear legal frameworks that promote responsible AI development while safeguarding creators’ rights must be developed. This includes transparent licencing systems such as opt-in or opt-out mechanisms for the use of copyrighted content in training datasets; mandating disclosure of data sources; and creating fair compensation models for creators.
Yes, AI can empower us but only if it respects the very people who make creativity possible. As we ride the wave of technological advancement, we must ensure that innovation does not come at the cost of exploitation.
Rachelle Anesu Chaminuka is a legal professional with expertise in entrepreneurship and intellectual property.