Journal of Intellectual Property and Information Technology Law (JIPIT)

The Cannibalization of Culture: Generative AI and the Appropriation of Indigenous African Musical Works

Michael Dugeri — 2024-11-28

Generative Artificial Intelligence (AI) advancements amplify concerns about the potential to appropriate Indigenous African cultural expressions such as songs, dances, and other forms of art. Generative AI systems autonomously generate diverse content, including music and art, but the supply chain of this new technology presents a complex challenge that may exacerbate cultural appropriation practices. Scholarship on the intersection of technology and Africa’s art and culture is animated by the theme of cultural appropriation and the need for protection against commercial exploitation. Likewise, there is a need for more research on how the unique nature of Indigenous African musical works increases their vulnerability to appropriation in the face of entrenched content digitalization practices and the cannibalization of these works as inputs to, and outputs from, generative AI systems. Therefore, this paper attempts to fill this literature gap by exploring the interplay of generative AI training datasets, Indigenous creative works, and the risk of cultural appropriation, with a particular focus on African music. The author argues that if unaddressed, generative AI systems have the potential to significantly erode the data and proprietary rights of various Indigenous communities in Africa, thereby undermining their ability to derive value from the protection of their intellectual property and sustainability of their cultural identity. Through a doctrinal analysis of extant and emerging policy, legal, and regulatory frameworks, this paper establishes the proprietary nature of Indigenous African music and its vulnerabilities in generative AI’s supply chain. The author makes recommendations that serve as a vital bridge between technology and cultural integrity, offering a pathway for responsible engagement with Indigenous cultural expressions and respectful utilization of Indigenous African musical works for generative AI systems to safeguard against misappropriation.

Rights in Traditional Cultural Expressions: Weaving Intellectual Property Protections into Àdìrẹ Textiles

Temitope Olorunnipa — 2024-11-28

Traditional communities possess creative expressions that tell their story and embody traditional knowledge. These creative expressions also form the basis for businesses which are as unique as the cultural heritage preserved from past generations. Hence, these expressions serve as a means of livelihood for members of the communities involved in the creativity. In addition, the cultural products maintain specific standards and represent the image of the communities, thus necessitating their protection through different aspects of intellectual property law. However, rights in Àdìrẹ, a traditional Yoruba hand-dyed textile characterized by intricate patterns and cultural significance, have been infringed by the production of their counterfeits for commercial reasons, to the detriment of the community originally producing and marketing them. Using Àdìrẹ textiles as a case study, this paper argues that the laws protecting the ingenuity in heritage products need to be set in motion to ensure the moral and economic interests of the communities while not undermining the interests of the public. As a qualitative research, this paper involves a doctrinal method that adopts analysis of both primary and secondary sources of the law and finds that Àdìrẹ textile is a tangible expression within the copyright framework that is of great cultural and economic benefit and deserving of adequate protection. It also finds that other intellectual property laws, such as trademark and/or ‘geographical indication’ are integral to preserving the integrity and cultural standard of Àdìrẹ. The authors recommend, among others, that the Copyright Commission investigates and redresses the infringement of the cultural intellectual property right in Àdìrẹ as an expression of folklore as enshrined in 78 of the Copyright Act.

Navigating the Web3 Revolution: Regulatory Strategies for Kenya

Victoria Kariithi — 2024-11-28

The integration of technology into daily human lives has become indispensable, shaping society and emphasizing the role of humans in the development of society. This indispensable integration is illustrated by the global rise of Web3, a decentralized application ecosystem that utilizes advanced technologies, such as crypto assets, non-fungible tokens (NFTs), decentralized finance (DeFi), decentralized autonomous organizations (DAOs), and the Metaverse. These technologies offer significant benefits alongside unique risks and challenges, necessitating innovative regulatory strategies to address them. The inherent tension between promoting innovation and safeguarding citizens’ interests requires a flexible and comprehensive regulatory framework for Web3 in Kenya, capable of adapting to the rapidly evolving technological landscape while simultaneously managing emerging risks. This research aims to identify key principles for developing effective Web3 regulations and argues for Kenya’s regulatory recognition of Web3 technologies, emphasizing potential benefits such as increased innovation, digital sovereignty, financial independence, and economic development. It also explores different regulatory strategies, such as self-regulation, co-regulation, and the implementation of co-regulatory tools like public-private dialogue (PPD). The findings propose that Kenyan regulators should adopt flexible, forward-thinking regulatory strategies that can navigate the complexities introduced by these transformative technologies.

Privacy in Displacement: Data Protection for Refugees in Sudan

Teresia Munywoki — 2024-11-28

This paper examines the data protection challenges faced by refugees in Sudan with significant focus on how these challenges disproportionately affect the female refugees. Sudan hosts a significant refugee population; however, it lacks a comprehensive data protection legislation. By focusing on the intersection of gender, refugee status, and digital vulnerability, this paper discusses how the personal data of refugees can be protected. The author highlights identity theft, discrimination, marginalization, privacy breaches, and data exploitation as challenges that arise from the activities of humanitarian organizations within and without refugee camps. As recommendations, the author advocates for effective Data Protection Impact Assessment (DPIA) to be integrated into the activities of humanitarian organizations, enactment and enforcement of a data protection law, and the establishment of a national data protection authority in Sudan. These measures aim to protect the digital rights of refugees and mitigate their exposure to data related risks.

Legal Prospects for Achieving Epistemic Data Justice for Rural Women in Tanzania and Kenya

Nelson Okeyo — 2024-11-28

Integrating digital technologies in agriculture helps to address the gender gap in the economic sector; however, it also raises a challenge of epistemic data injustices. Epistemic data injustices in this context occur when the production and processing of rural women's data through agricultural technologies potentially results in disregarding their legitimate knowledge. Contemporary experiences show that legal regimes for data protection in Tanzania and Kenya can address the problem, although not fully and effectively. Against this backdrop, this article discusses how additional legal principles of the rule of law, best practice, and respect for human rights could complement and reshape the legal regimes to better oblige technology developers to address epistemic data injustices experienced by rural women more effectively. Using a decolonial theoretical lens, the article critically analyzes key data protection safeguards in Kenya and Tanzania and proposes complementary principles to enhance them. The author concludes that these additional legal principles offer new pathways toward achieving epistemic data justice for rural women in the context of digital agricultural technologies.

Editorial

Collins Okoh — 2024-11-28

Foreword

Melissa Omino — 2024-11-28