The integration of Artificial Intelligence (AI) into creative processes has sparked debates about copyright protection. As AI tools for various stages of artistic creation are developed and optimized, the boundaries of human authorship within this new technological context are beginning to be defined.
Protection of Works Fully Generated by AI
The United States Copyright Office has declared that works entirely generated by Artificial Intelligence are not eligible for protection under current legislation, as explained in the second installment of a series of reports published following a 2023 investigation. However, works where AI is used as a tool to assist and support the creative process may be eligible for such protection.
In other words, the element for determining whether a work involving AI can be protected or not will depend on human intervention in its creation. Human participation must be substantial enough for the resulting work to reflect their authorship and not be autonomously created by AI.
Measuring Human Participation
In this regard, the Copyright Office points out that commands or prompts, no matter how complete or detailed, are not enough to attribute authorship of the result to a user. Protection will only apply to the original contribution of a human creator, even if the work includes some elements generated by Artificial Intelligence.
Therefore, to properly meet this requirement, each case should be evaluated individually. This is an area in which most stakeholders, such as ASCAP (American Society of Composers, Authors and Publishers) or Universal Music, agree: simply entering commands does not make a user the author.
An example where copyright protection could still apply is when a user introduces a human-created work and then uses AI to modify or optimize it. In this case, if the original work is still present in the final version, it would be protected under copyright, but only for the originally introduced elements.
The Copyright Exception in the United Kingdom
The United Kingdom is also addressing the impact of AI on copyright. The government has opened a consultation on the regulation of copyright in relation to Artificial Intelligence, with the goal of balancing the interests of both creators and tech companies.
One key aspect of this consultation is the possible introduction of a copyright exception that would allow AI development companies to use protected material to train models without needing prior authorization, unless copyright holders decide to exclude it.
This measure has raised concerns within the music industry and other creative sectors, particularly regarding the potential weakening of protection for works and the ability to negotiate fair licenses for creators. In addition to licensing issues, there are ongoing questions about who would have the authority to grant these permissions: record labels (as the owners of the rights), creators, or performers appearing in each work.
The Council of Music Creators (CMM) has urged that the rights of individual artists be prioritized in these decisions, demanding that their consent be required for the use of their works in AI training, along with fair compensation. In light of these concerns, the government is considering the creation of licensing mechanisms that include creators in the process.
At the same time, various creative industries have formed the AI Creative Rights Coalition, aiming to protect and defend the interests of authors, ensuring that any updates or legislative reforms benefit human creators.
Convergence Between AI and the Music Industry
The protection of works generated by Artificial Intelligence is still a developing area, where these legal decisions will shape the future of copyright in an increasingly digital and automated context.
As AI continues to establish itself as an increasingly useful tool in the creative process, it is crucial to continue recognizing human intervention as an essential element, preventing technological advancements from undermining copyright. The legislative framework must strike a balance that protects human creativity while fostering the integration of Artificial Intelligence in the music industry and other artistic sectors.
Continue reading: Impact of AI on music production
