Generative AI is rapidly becoming, if not already, the most talked about new technology in the world. Its potential is far-reaching with scope which is at times difficult to comprehend. The legal questions surrounding music and generative AI are extensive and no longer hypothetical.
My dissertation addresses some of the key considerations for copyright law in the musical context as a result the AI revolution. In Part One, I discuss whether AI-generated music should be afforded copyright protection. This involves considering whether it is ‘creative’ and ‘valuable’. As I found throughout my research, these are thought-provoking questions which have been subject to heated debate with compelling arguments on both sides. They are complex and evidently not absolute. However, the clock is ticking to pinpoint some conclusions in order to enact legislation which acts in line with some of the major theories underpinning copyright law, and therefore its fundamental purpose. These decisions must not be taken lightly as, in time, they will be the ones which shape the future of music, a fundamental part of our culture.
In Part Two of my dissertation, I take a closer look at some of the key considerations in anticipated court cases regarding music, AI and copyright infringement. I explore the significance of Fair Use, an exception in copyright law which cancels claims of copyright infringement deemed fair in the eyes of the law. Tech companies and creators are equally apprehensive about trying to influence public opinion to sway jury outcomes. On the one hand, generative-music systems have the potential to exploit the work of human creators, a concern at the heart of musicians’ plea to protect their rights. How this will be considered in light of AI companies’ likely defence regarding their exciting and unprecedented potential for innovation, is yet to be determined.