You may have read my recent article about creative AI. At the end of that piece, I made a wise crack about who gets paid, the algorithm or the person who uses it to compose “original” music
The legal complications stemming from AI music composition mainly revolve around copyright and trademark laws. The questions of authorship, originality, and ownership of AI-generated music are not yet fully settled by legal precedent. There is debate over whether AI can be considered a “creator” or if the human programmer or training data source should be considered the creator. Additionally, the use of AI in music production may infringe on existing copyrighted material if the AI-generated composition is similar to existing works. In some cases, AI may also generate content that is deemed harmful or defamatory, further complicating the legal landscape. These issues highlight the need for clearer laws and regulations surrounding AI and creative works. Let’s investigate.
Copyright Issues
The first potential legal issue when it comes to AI music is copyright. It’s unclear who owns the rights to a song composed by an AI – the AI itself, or the company that created it?
But the confusion doesn’t stop there. What about songs composed by AI and then “tweaked” by a human composer? Who owns the rights to that song?
Royalty Payments
The second potential legal issue when it comes to AI music is royalty payments. Who should be receiving royalties for songs composed by AI? Is it the AI itself, or the company that created it?
What’s more, if an AI-composed song is used in a movie or TV show, who should be receiving the royalties? The AI, the company that created the AI, or the human composer who tweaked the song?
Music Licensing
The third potential legal issue when it comes to AI music is music licensing. Who should be granted the right to use an AI-composed song? Is it the AI itself, or the company that created it?
What’s more, if a song composed by AI is used in a commercial, who should be granted the right to use it? The AI, the company that created the AI, or the human composer who tweaked the song?
As you can see, AI music composition brings with it a number of potential legal complications. While we have only scratched the surface here, it’s clear that there are still many questions that need to be answered. Until then, we can only wait and see how the legal system will handle this new technology.
But one thing’s for sure; the biggest winners in this legal quagmire will be the lawyers. Always. Sounds very familiar.
