Do you feel like the subject of AI has entered almost every conversation?

This month’s issue of the Ping® Newsletter looks at the Copyright Implications of AI-Generated Music.

For creative professionals and especially musicians, trying to evaluate the impact of AI on both creative and commercial rights and music, raises more questions than it answers. For our quick and by no means exhaustive summary of some of these questions, read more below.

The Copyright implications of AI-generated music is fast becoming a major issue as AI tools capable of creating music that mimics human artists have proliferated. Some key questions include whether AI-generated music can be copyrighted, who owns the rights to AI-generated music, and whether using copyrighted works to train AI models constitutes infringement.

1. Current Legal Stance. The first question – whether AI-generated music can be copyrighted – is complex and currently unresolved. Current the general rule In the United States is that music generated entirely by AI cannot be copyrighted. the Copyright Office has generally denied copyright protection for works created entirely by AI without human authorship.

2. Human Involvement is Necessary. The second question has to do with human creativity. The critical issue is the amount of human creative input or intervention required for copyright protection. Works with significant human involvement in the AI-assisted creative process may be eligible for copyright protection.

3. The Originality Requirement. Another question gets to the heart of “creativity.” When discussing music, it is important to recognize that both the written lyrics and musical recording itself are eligible for copyright protection. For a song or lyrics to be protected, they must be “original.” There is uncertainty about whether AI-created works without human authorship can meet the originality standard required for copyright protection.

4. Ongoing Debate.

Lastly, there are no simple answers at the moment. The legal landscape for AI-generated music copyright is still evolving, with many unresolved questions. There are ongoing discussions and potential legal challenges regarding copyright for AI-generated works.

Please do not hesitate to contact us with any questions, comments or concerns you may have around this issue.