The music business is no stranger to disruptive technology. The industry’s apparent comeback from the devastating downturn caused by illegal file sharing seems to have arrived just in time for what may be an even more disruptive technological phenomenon: artificial intelligence (“AI”). Much has been said about the implications of AI-generated music, ranging from issues of ownership, to rights of publicity. However, there has been surprisingly little discussion of infringement in the AI systems’ outputs. By examining the functionality of AI music generators through the lens of de minimis use case law, this paper will explain how the outputs of AI music generators potentially infringe the exclusive reproduction right granted to musical work and sound recording copyright owners. Going forward, courts and policymakers must not ignore AI’s capacity to undermine our incentives for human authorship, and craft rules that promote a mutually beneficial AI music ecosystem for technology companies and copyright owners alike.
Sounds of Science: Copyright Infringement in AI Music Generator Outputs,
Cath. U. J. L. & Tech
Available at: https://scholarship.law.edu/jlt/vol29/iss2/9