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AI vs Copyright in the music industry

The definition of Artificial Intelligence (AI) relies on the non-existence of human, the work of artificial intelligence should be defined as a work lacking an ‘identifiable human author’. It is a method of making a computer, a computer-controlled robot, or a software think intelligently like the human mind.
AI is accomplished by studying the patterns of the human brain and by analyzing the cognitive process. The outcome of these studies develops intelligent software and systems.
 
To contextualize AI, One of the main issues is the ethical and legal implications of using the voices of musicians to create new music.
Who owns a copyright to music produced by AI? Should AI-generated music be considered original, or is it just a derivative work based on existing music?

AI can be used to compose new music, create unique mashups, and also help create robotic actors. There are potential risks. Among the main fears is that AI-powered mu
at were stolen, the secure defense would be that the AI itself was inspired by listening to the songs of these artists, therefore it’s not a copy.
Nevertheless, other alternatives do exist for similar situations since till this day there is no clear Law that protects artists from deepfake vocal synthesizers. For example, Californian law recognizes that when a "distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort" (Midler v Ford Motor Co.).
Not only that but also, if an AI tool copied specific melodies or lyrics, for example, that would likely constitute copyright infringement. However, it may be difficult to identify such specific examples of copying, with well-built AI tools generally designed to copy the general sound and feel of music, in part to avoid allegations of copyright infringement.
 
Despite the potential implications in the US of the 'Blurred Lines' case Williams v. Gaye, 885 F.3d 1150 (9th Cir. 2018), infringement of the feel of a song is unlikely to be sufficient. A new composition that is composed with an AI tool or sung using an AI-generated voice may not incorporate any "substantially similar" element or "substantial part" of any previous work that is actually protected by copyright.
 
The law doesn’t have a clear stance against the use of musicians voices by the AI as the AI appeared very recently. However there are other alternatives on which we can relay to protect their voices. The musicians voices are protected not by copyright laws as the sounds are not fixed. However, according to intellectual property law if the generated songs are used for commercial purposes, it requires the relevant authorization by the voice owner.


Moreover, in similar cases, the musicians voices are protected by rights of publicity and property right as the voice is as distinctive and personnel as a face. When a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs. Additionally, in a case, the “voice misappropriation” was a ground for unauthorized use of musician voice.
 
The law should have a clear stance on the lawful use of musician voices by artificial intelligence strictly. The AI should require authorization by the voice owner and if the voice owner is a professional performer, he should be fairly compensated.
 
From what has been exposed, it is believed that legislators should organize AI affairs to prevent AI from invading our art world without limit because the danger of AI uses of artists' sounds will kill artists’ sense of independence who seek protection through copyright.
 
AI in music and ethical issues:
- Intellectual property and copyright:
We are only at the beginning in this phenomenon, and this already raises many questions. AI can generate music that closely resembles that of human artists. This raises the question of who owns the copyright and how to assign credit for the creation. Additionally, there can be issues if the AI generates music that infringes the copyrights of an existing work.
 
- Authenticity and originality:
AI can challenge notions of authenticity and originality in music. If a composition is primarily created by a machine, one may wonder whether it has the same artistic value as a work created by a human.
 
- Labor and income distribution:
The widespread adoption of AI in music creation can threaten the jobs of musicians, composers and other music professionals. It can also lead to an uneven distribution of income in the music industry, where AI developers and big tech companies could grab a disproportionate share of the profits.
- Bias and discrimination:
AI algorithms can be biased depending on the training data used to train them. If the data reflects biases or stereotypes, AI can perpetuate these biases in the music it generates, leading to discrimination and marginalization of certain groups or musical styles.
 
- Cultural homogenization:
The widespread use of AI to create music can lead to cultural homogenization, where musical styles become increasingly similar and lose their diversity. This can weaken cultural richness and harm artistic expression.
 
- Consent and confidentiality:
AI-based music generators can use data from artists or musical works without their consent, which can raise confidentiality and privacy concerns.

To address the ethical issues, it is important to establish clear regulations and guidelines on the use of AI in music creation, and to foster an open dialogue between researchers, musicians, legislators and the public.
 
AI in Music: Opportunities and Challenges for Musicians:
 
The use of AI in music offers exciting opportunities for musicians and the music industry. Think of AI music generators as a new way to create music, allowing musicians to work faster and more efficiently. AI algorithms can also help improve the quality of music production, by recognizing and correcting errors.
However, keep in mind that creating original music is an artistic process that can be difficult to fully automate. Musicians must therefore be aware of the limits of AI and continue to develop their own creativity.

The use of artificial intelligence in the fields of creation, whether musical, artistic or editorial, also raises questions of intellectual property and copyright. AI-generated compositions can be considered a collective work, which can pose legal issues in terms of ownership and profit sharing.

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