In cases where mixed human and non-human authorship is claimed, copyright protection is available only for the human-authored selection and arrangement of the elements of the work. Copyright Office will not register a claim if it determines that a human being did not create the work. Courts consistently interpret the phrase “works of authorship” as being limited to works of human authorship. Copyright Act, works may be registered for copyright protection if they are “original works of authorship fixed in any tangible medium of expression.” The Supreme Court has explained that an “original” work must (1) be independently created by an author and (2) possess a minimal degree of creativity. Importantly, however, copyright law predominantly focuses on protecting the tangible expression of the ideas, i.e., the compositions, rather than the underlying ideas themselves. While the web of rights involved in the music industry is somewhat complicated, for purposes of discussing the role of artificial intelligence (AI) in the music industry, it is sufficient to say that copyright law grants exclusive rights to the artists and related parties, who hold these various copyrights, enabling them to control their works’ reproduction, distribution, and public performance. UMG states that it is not against the technology itself, but rather AI that is so advanced that it can recreate melodies and even music artists’ voices in seconds, which could threaten UMG’s deep library of music and artists that generate billions of dollars in revenue.Ī spokesperson for UMG, brought this issue to the fore, noting, “ begs the question as to which side of history all stakeholders in the music ecosystem want to be on: the side of artists, fans and human creative expression, or on the side of deepfakes, fraud and denying their due compensation… These instances demonstrate why platforms have a fundamental legal and ethical responsibility to prevent the use of their services in ways that harm artists.” Ĭopyright law is the primary tool for artists to legally protect their creative works, including music composition, sound recording, synchronization, mechanical, performance, print, and digital rights as well as rights to the masters, usually owned by the studios where the original audio was recorded. Īrtificial intelligence, specifically AI music, learns by either training on existing works on the internet or through a library of music given to the AI by humans. An AI-synthesized bop went viral recently when Drake and The Weeknd seemingly collaborated to sing “Heart On My Sleeve.” In response to the track taking the internet by storm, music industry giant Universal Music Group (“UMG”) sent urgent letters to streaming platforms, including Spotify and Apple Music, asking them to block AI companies from collecting melodies and lyrics from copyrighted songs to create new AI-generated songs, citing a “moral and commercial responsibility” to prevent unauthorized use of artists’ voices.
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