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- AI-generated music will present a new set of legal challenges for artists and copyright owners.
- As AI songs proliferate, copyright and publicity laws are top of mind for entertainment lawyers.
- Here are the four most recent takeaways control panel AI music hosted by law firm Manatt.
AI-generated tracks emulate artists such as drake and the weekend The spread on social media in recent weeks has forced record labels, publishers and streaming platforms to consider its potential commercial impact on musicians.
some artists like grimes are embrace technology Trying to monetize the use of their voices by setting up AI content creation tools.Others, like the Ice Cube, are reject Thorough technology.
Regardless of the artist’s point of view, adoption of the technology is on the rise. Entertainment attorneys are planning strategies for how to protect their clients, including using existing technologies to detect and enforce copyright protections under the Digital Millennium Copyright Act (DMCA) and invoking right of publicity laws.
“Unfortunately, music is sometimes the canary in the coal mine and sometimes the New technology emerges.” control panel Hosted by the company.
Manatt’s panel included Bromley; his colleagues Nathaniel Bach and Sarah Moses; Mitch Glazer, president and CEO of the Recording Industry Association of America; and Hollywood actors and music Jeffrey Bennett, general counsel for the artists’ union SAG-AFTRA.
Here are four key takeaways from the panelists regarding the legal and business challenges of AI in music:
1. Understanding AI training models is important for enforcing copyright law
Technology exists today to identify copyright infringement in songs after they have been released.
edge Report For example, Universal Music Group used the DMCA detection tool to submit a takedown request to remove an AI-generated parody of Drake and The Weeknd that included a trackable tag from producer Metro Boomin.
However, the specific ways in which AI-generated music is trained on the work of human artists to violate copyright law are still to be determined.
“We don’t always have information about how a particular AI song was written and how the software worked,” Manatt’s Bach said. What, and for what purpose, will be the real core.”
Copyright rules surrounding AI-trained models are currently being litigated elsewhere in the art world. Getty Images and several visual artists own prosecute AI image generators such as Stable Diffusion, Midjourney, and Stability AI have swirled around alleged use of their work in training programs.
During Manatt’s panel discussion, the RIAA’s Mitch Glazier floated the idea that AI models trained on existing songs should be legally defined as mechanical reproduction, which would require a license.
2. Publicity rights could play an important role in AI legal cases
Right-of-publicity laws protect the right of individuals to control the commercial use of their personal characteristics, which could be a useful tool for lawyers looking to protect artists from AI-generated parodies.
If a song containing an AI-generated voice parodying a well-known artist is making money, it could violate some states’ right-of-publicity laws.
“You have to look at what the intentions and commercial interests of the person releasing it are, and then what are the commercial consequences of the market itself and other works that the artist puts on the market,” said RIAA’s Glazier.
Because right-of-publicity laws are enacted at the state level, they can be more time-consuming to enforce and not a perfect solution, lawyers said.
“It’s a bit of a patchwork of state laws,” said SAG-AFTRA’s Bennett. “It’s time to take it out and see what we can do with it.”
3. Streaming platforms like Spotify and YouTube will play a big role in the future of artificial intelligence
The sheer volume of AI songs being spat onto streaming platforms could present detection challenges for rights holders. Music platforms such as Spotify and YouTube could set limits on how much AI music can be distributed, lawyers said.
“Even if we get the tools, we need to think very carefully about enforcement because it’s a whole new game of whack-a-mole,” Manatt’s Bromley said.
Additionally, commercial incentives may not align between platforms and rights holders.
Some streaming apps may push to add AI-generated tracks to their libraries as a way to cut costs by reducing royalties paid to human artists, labels and publishers.
“If you are a [digital streaming platform] And you want to increase your bottom line, you create AI technology that can make functional music, and then put all of that in your playlist, you’re shifting 10% of the total content cost to your bottom line,” said Bu. “If a company wanted to work with the music industry and be on the right side of history, they weren’t going to do that,” Romley said. “
Record labels are already looking for ways to regulate how streaming platforms work with AI tools. Universal Music Group wrote to Spotify and Apple Music in March asking them to block AI companies from using their catalogs to train AI models, Billboard Report.
4. AI isn’t bad per se and can inspire new ideas in music
While much of the talk on Manatt’s panel focused on the risks AI poses to the music industry, there were some who were more optimistic about how the technology could benefit musicians.
“The other side of this coin is that it’s a wonderful creative tool when embraced correctly and used appropriately and responsibly,” Bromley said.
AI-generated productions that share revenue with artists, such as Grimes’ Elf.tech tool, could eventually create a new revenue line for performers.universal music group Announce Tuesday partnered with AI music startup Endel to help its artists and labels “use the power of AI to create soundscapes for everyday activities like sleep, relaxation and focus.”
“If you look at history, those who decided to become partners and work with the music industry thrived with the music industry,” said RIAA’s Glazier. “Those who decided to exploit a legal loophole and try to pay less or not pay, you don’t really hear about them today.”
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