Dr. Johan Axhamn, one of the founders of FIDMA, in this blog post analyses the interaction between copyright law and AI in the music sector. The blog post is a re-worked version of his article Axhamn, J. (2021). Copyright and Artificial Intelligence – with a focus on the area of music. In M. Rosenmeier, T. Riis, J. Schovsbo, & H. Udsen (Eds.), Festskrift til Jørgen Blomqvist (1 ed., Vol. 1, pp. 33-86). Ex Tuto Publishing.
Artificial Intelligence (AI) is rapidly reshaping the creative landscape, particularly in the music industry. From composing original songs to mimicking the styles of legendary musicians, AI systems are becoming increasingly sophisticated. But as AI-generated music becomes more prevalent, fundamental legal questions arise: Who owns AI-generated music? Should AI compositions be protected under copyright law? And does training AI on existing copyrighted music constitute infringement?
The Rise of AI in Music Creation
AI’s role in music creation dates back decades, but recent advancements have taken its capabilities to unprecedented levels. Early examples include Illiac Suite (1957), a composition created using stochastic rules, and Musikalisches Würfelspiel, an 18th-century dice-based system for randomly generating music. Today, AI-driven software like Google’s Magenta, IBM’s Watson Beat, and AIVA can analyze thousands of musical works and produce compositions that sound as if they were crafted by human artists.
These AI models rely on deep learning algorithms that identify patterns in existing music, such as chord progressions, rhythms, and melodies. The AI then uses these learned patterns to generate new compositions. Some systems, like Amper and Jukedeck, allow users to guide the AI’s output by selecting genres, moods, and tempos. Others, like AIVA, have been recognized as composers and are even registered with rights management organizations.
While these technological advances open exciting creative possibilities, they also challenge the legal framework governing music copyrights.
Who Owns AI-Generated Music?
Copyright law is built on the principle that a human author must create a work for it to receive protection. This raises the question: if AI composes a song with minimal human intervention, who—if anyone—owns the copyright?
- The AI Developer: Some argue that the programmers who develop AI music systems should be recognized as the copyright holders, since they design the algorithms that generate the music.
- The AI User: Others contend that the individuals who input data, select parameters, and guide the AI’s output should be considered the rightful owners.
- No Copyright at All: Another perspective is that AI-generated works should not receive copyright protection, as they lack the human creativity traditionally required for authorship.
Several countries have started addressing this issue. The UK, for example, grants copyright to the person who arranges the AI’s creation, while US law currently does not recognize AI as an author. However, as AI-generated content becomes more common, more jurisdictions may introduce specific legal protections for such works.
Copyright Infringement Risks: Is AI Stealing Music?
AI music generators rely on vast amounts of training data—often consisting of existing songs and compositions. This raises another major legal issue: does training an AI on copyrighted music violate copyright law?
When an AI analyzes a piece of music, it makes digital copies of it, even if only temporarily. Copyright law grants rights holders control over reproduction, meaning that, in some cases, the act of copying a song for AI training could be considered infringement. However, exceptions exist:
- Text and Data Mining Exemptions: Some legal frameworks, such as the EU Copyright Directive, allow AI to analyze works for research and innovation purposes.
- Fair Use and Fair Dealing: In countries like the US and UK, limited use of copyrighted material for purposes such as education, research, and criticism may be legally permissible. Whether AI training qualifies under these doctrines is still an open question.
The debate over whether AI’s learning process constitutes infringement is ongoing, with some arguing that AI merely extracts patterns rather than copying original works.
The Future of AI and Copyright in Music
As AI-generated music continues to evolve, copyright laws must adapt to ensure fair compensation for artists while fostering innovation. Potential legal solutions include:
- Recognizing AI-Generated Works Under a New Copyright Category: Some propose introducing a special copyright framework that grants limited protection to AI-generated content.
- Requiring Licensing for AI Training: Just as streaming services pay royalties to rights holders, AI developers could be required to obtain licenses for the music used in training datasets.
- Defining Human-AI Collaboration More Clearly: Many AI compositions involve some level of human intervention. Laws could evolve to clarify when AI-assisted works qualify for copyright.
Conclusion
The intersection of AI and copyright is one of the most complex legal challenges in today’s digital world. While AI has the potential to revolutionize music, its growing role as a creator demands urgent legal clarification. Should AI-generated compositions receive copyright protection? Who should benefit financially from AI-created works? And how do we balance innovation with artists’ rights? These questions will shape the future of music and copyright law in the AI era.
For now, AI remains a powerful tool that enhances human creativity—but as it becomes more autonomous, the legal system must keep pace with its evolution.