Finding “Balance” Between AI and Culture as Drivers of Development in Burkina Faso

Abstract In achieving development objectives, the balance between innovation and protection is perceived as a lever or seesaw in AI policies, as in intellectual property law. However, innovation in the technology sector that uses online content without consent or attribution poses risks to both innovation and rights protection in the culture sector. Generative AI technologies have fundamentally altered the economic and social context for cultural production and practice. Communal cultural identity and meaning maintained through intangible cultural heritage, such as traditional knowledge, music, craft, and performance, are affected by increased opportunities for misrepresentation, misappropriation, and misattribution. Strengthening intellectual property protections and/or extending them to cultural heritage in sui generis regimes are insufficient to address these problems. This article analyzes African continental policy to understand how culture is represented in AI policy and what challenges are faced in addressing generative AI risks. The article suggests that to foster development that benefits the culture sector, “balance” could be better understood as a four-legged chair than a lever, supporting not only innovation and rights protection (including human rights to cultural participation) but also access to technologies and empowerment of creators. Examples from Burkina Faso are used to illustrate the need to supplement sui generis intellectual property rights protection for national cultural heritage with more direct support, such as subsidies or tailored marketing and capacity-building training programs.