AI
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Cutting Edge Group (“CEG” or the “Group”), an investor in and manager of niche media music rights encompassing more than 2,000 titles across soundtrack albums, completed a $500 million debt refinancing with four banks led by Fifth Third Bank and Northleaf Capital Partners. The new credit facility will be used for corporate purposes as well as the acquisition of music rights from the roughly $1.5 billion pipeline of possible investments already identified by Cutting Edge.
“Cutting Edge has become a world leading music partner to the film and tv industries,” said Philip Moross, CEO of Cutting Edge Group, in a statement. “During that time, the structural trends driving our industries have accelerated exponentially, delivering a proliferation of digital platforms and content, matched by an increase in demand for media music usage. Prior to the pandemic, we identified a similar opportunity in the global wellness market, which is now projected to grow at 10% per annum to a US$7 trillion market by 2025. This refinancing will enable us to execute our growth strategy to take full advantage of these trends in our usual disciplined way.”
TikTok partnered with global ticketing platform AXS, enabling certified artists on the social platform to use its in-app ticketing feature to promote their AXS live dates while allowing fans to buy tickets for events through AXS within TikTok.
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Universal Music Greater China (UMGC) struck a new strategic agreement with TF Entertainment, the company behind Chinese idols TFBOYS and Teens In Times. Under the deal, UMGC will handle global distribution of TF’s roster, targeting markets outside Mainland China.
ASM Global Acts, the corporate social responsibility platform of ASM Global, partnered with reuse platform r.World to introduce reusable service ware — including reusable cups and food containers — in venues throughout the company’s North American portfolio, beginning with the Long Beach Convention and Entertainment Center and select hospitality locations at the forthcoming Acure Grand Prix in Long Beach, Calif.
Audacy and Super Hi-Fi, which provides AI-powered radio services for broadcast and digital media companies, announced an expanded partnership that will streamline Audacy’s digital content programming, production and broadcasting processes “while creating stickier listener environments and more opportunities for advertisers to engage with them,” according to a press release. Audacy additionally announced that five of its highest-rated HD radio stations are transitioning to use Super Hi-Fi’s program director radio operating system, allowing programmers and staff to spend less time on production. The stations include WWBX-HD2 in Boston, WLKK-HD2 in Buffalo, KILT-HD2 in Houston, KROQ-HD2 in Los Angeles and KNRK-HD2 in Portland.
Leading classical music artist agencies IMG Artists and TACT Artists Management formed a strategic alliance through which their vocal departments will work together to pool expertise and resources. With the partnership, the companies hope to ensure a broader international network for their rosters, among other benefits.
Sony Music‘s global podcast division acquired podcast production company Neon Hum, whose founder/CEO Jonathan Hirsch joins Sony Music as vp of global podcasts/head of U.S. creative. Sony will utilize Neon Hum’s production expertise to continue developing podcasts for its subscription channel, The Binge, and across its entertainment slate. Sony will also expand its work-for-hire business to provide more services beyond audio production for its client and branded podcasts. Before the acquisition, Sony made a strategic investment in Neon Hum in 2019, with the two jointly launching podcasts including Dinners on Me with Jesse Tyler Ferguson, Smoke Screen and My Fugitive Dad.
Merlin announced a licensing deal with streaming platform Audiomack, giving Merlin members access to Audiomack’s listenership. Merlin members will now also be able to claim their artists’ Audiomack accounts, enabling them to send messages to their fans and more. The deal encompasses Audiomod, a new Audiomack tool that allows fans to customize their listening experience via pre-set filters including “sped up,” “slowed down,” “nightcore” and “daycore” and/or custom listening filters they create themselves.
Secretly announced new distribution deals with Jazz Is Dead and its sister label, Linear Labs. Founded by Adrian Younge, Ali Shaheed Muhammad (A Tribe Called Quest), Andrew Lojero and Adam Block, Jazz Is Dead is dedicated to “honoring the legacies of musical heroes and luminaries,” according to a a press release, having released albums by Rob Ayers, Lonnie Liston Smith and more. Linear Labs focuses on “new progressive music” and has worked with artists including Ghostface Killah, The Delfonics and Angela Muñoz while releasing scores and soundtracks for CBS, Hulu and Netflix. Past and future releases on both labels will now be distributed by Secretly.
Image-Line — the developer of popular digital audio workstation (DAW) FL Studio and FL Cloud — acquired MSXII Sound Design, a manufacturer of sample packs and sonic tools. MSX’s more than 200G sample library is now available to FL Studio users through FL Cloud.
Udio, a new platform developed by former Google DeepMind researchers that allows users to create music using AI using text prompts and then share their creations with the app’s community of users for feedback and collaboration, has raised a seed funding round from investors incluidng a16z, Instagram co-founder/chief technology officer Mike Krieger, will.i.am, Common, Kevin Wall, Tay Keith, UnitedMasters and Oriol Vinyals, head of Gemini at Google.
Entertainment, hospitality and investment holding company Palm Tree Crew — founded by Kygo and Myles Shear — closed a strategic investment in Medium Rare, valuing the company at $50 million. Medium Rare partners with artists, celebrities and athletes to create live entertainment properties; examples include Travis Kelce’s Kelce Jam and Guy Fieri’s Flavortown Tailgate. As part of the deal, Medium Rare will partner on select events and festivals within the Palm Tree Crew holding company. The two companies will also work together on developing new festivals and live experiences.
Oak View Group signed a partnership with the University of Kansas to be the stadium operator for the Gateway District — the future home of Kansas Football and convention center events and conferences — and the reimagined David Booth Kansas Memorial Stadium. Oak View Group will additionally manage food and beverage services and suite catering for all Kansas Athletics venues. It will oversee the day-to-day operations of both the football stadium and conference center when the first phase of the Gateway District opens in August 2025, leading bookings of conference events, concerts and more. Oak View Group will additionally play a key role in the current Allen Fieldhouse upgrades, managing all food and beverage and hospitality in the arena.
AI-driven funding platform beatBread partnered with Kobalt Music Group for publishing administration in the United States and amra for digital licensing and collections internationally. The agreements allow beatBread to extend its existing funding of publishing rights to artists who are currently unpublished and under-collecting their performance and mechanical revenues.
Entertainment company NTERTAIN and The Official Latino Film Festival merged to form the NVISION Film & Music Festival. The festival will feature a mix of film screenings, music performances, art exhibitions, technology showcases and conference-style panels and presentation. It’s set to take place Oct. 10-12 at the Palm Springs Art Museum in Palm Springs, Calif.
The city council of McKinney, Tex. approved the development of the Sunset Amphitheater being built in the town by Notes Live. The agreement includes a public-private partnership between Notes Live, the city, the McKinney Economic Development Corporation and the McKinney Community Development Corporation. The project is estimated to be bringing in more than 1,300 direct and indirect jobs to the community, with an economic impact of around $3 billion to the area over the first 10 years.
Musically Fed, which redistributes surplus backstage and VIP meals to veterans and those facing homelessness and food insecurity in the United States, will once again partner with Live Nation-Hewitt Silva (LNHS) to handle surplus catering at forthcoming LNHS events at the Hollywood Bowl. The organization will also re-team with TaDa! Events to repurpose unused catering for communities in need via several L.A. nonprofits.
Feed.fm partnered with AI company Cyanite for AI-based tagging and music search to enhance discoverability on its platform. Under the deal, Feed.fm will use Cyanite’s technology to enhance the metadata Feed.fm’s compliance and recommendation engine uses to stream curated music for each listener.
Amazon Music has announced a new AI-powered playlist feature that allows users to turn text prompts into entire playlists. Called Maestro, the offering is still in beta and available only to a small number of Amazon Music users on all tiers in the United States on iOS and Android. It can be found on the […]
Representative Adam Schiff (D-Calif.) introduced new legislation in the U.S. House of Representatives on Tuesday (April 9) which, if passed, would require AI companies to disclose which copyrighted works were used to train their models, or face a financial penalty. Called the Generative AI Copyright Disclosure Act, the new bill would apply to both new models and retroactively to previously released and used generative AI systems.
The bill requires that a full list of copyrighted works in an AI model’s training data set be filed with the Copyright Office no later than 30 days before the model becomes available to consumers. This would also be required when the training data set for an existing model is altered in a significant manner. Financial penalties for non-compliance would be determined on a case-by-case basis by the Copyright Office, based on factors like the company’s history of noncompliance and the company’s size.
Generative AI models are trained on up to trillions of existing works. In some cases, data sets, which can include anything from film scripts to news articles to music, are licensed from copyright owners, but often these models will scrape the internet for large swaths of content, some of which is copyrighted, without the consent or knowledge of the author. Many of the world’s largest AI companies have publicly defended this practice, calling it “fair use,” but many of those working in creative industries take the position that this is a form of widespread copyright infringement.
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The debate has sparked a number of lawsuits between copyright owners and AI companies. In October, Universal Music Group, ABKCO, Concord Music Group, and other music publishers filed a lawsuit against AI giant Anthropic for “unlawfully” exploiting their copyrighted song lyrics to train AI models.
“In the process of building and operating AI models, Anthropic unlawfully copies and disseminates vast amounts of copyrighted works,” wrote lawyers for the music companies at the time. “Publishers embrace innovation and recognize the great promise of AI when used ethically and responsibly. But Anthropic violates these principles on a systematic and widespread basis.”
While many in the music business are also calling for compensation and the ability to opt in or out of being used in a data set, this bill focuses only on requiring transparency with copyrighted training data. Still, it has garnered support from many music industry groups, including the Recorded Industry Association of America (RIAA), National Music Publishers’ Association (NMPA), ASCAP, Black Music Action Coalition (BMAC), and Human Artistry Campaign.
It is also supported by other creative industry groups, including the Professional Photographers of America, SAG-AFTRA, Writers Guild of America, International Alliance of Theatrical Stage Employees (IATSE) and more.
“AI has the disruptive potential of changing our economy, our political system, and our day-to-day lives,” said Rep. Schiff in a statement. “We must balance the immense potential of AI with the crucial need for ethical guidelines and protections. My Generative AI Copyright Disclosure Act is a pivotal step in this direction. It champions innovation while safeguarding the rights and contributions of creators, ensuring they are aware when their work contributes to AI training datasets. This is about respecting creativity in the age of AI and marrying technological progress with fairness.”
A number of rights groups also weighed in on the introduction of the bill.
“Any effective regulatory regime for AI must start with one of the most fundamental building blocks of effective enforcement of creators’ rights — comprehensive and transparent record keeping,” adds RIAA chief legal officer Ken Doroshow. “RIAA applauds Congressman Schiff for leading on this urgent and foundational issue.”
“We commend Congressman Schiff for his leadership on the Generative AI Copyright Disclosure Act,” NMPA president/CEO David Israelite said. “AI only works because it mines the work of millions of creators every day and it is essential that AI companies reveal exactly what works are training their data. This is a critical first step towards ensuring that AI companies fully license and that songwriters are fully compensated for the work being used to fuel these platforms.”
“Without transparency around the use of copyrighted works in training artificial intelligence, creators will never be fairly compensated and AI tech companies will continue stealing from songwriters,” ASCAP CEO Elizabeth Matthews said. “This bill is an important step toward ensuring that the law puts humans first, and we thank Congressman Schiff for his leadership.”
“Protecting the work of music creators is essential, and this all begins with transparency and tracking the use of copyrighted materials in generative AI,” Black Music Action Coalition (BMAC) co-chair Willie “Prophet” Stiggers said. “BMAC hopes Rep. Schiff’s Generative AI Copyright Disclosure Act helps garner support for this mission and that author and creator rights continue to be protected and preserved.”
“Congressman Schiff’s proposal is a big step forward towards responsible AI that partners with artists and creators instead of exploiting them,” Human Artistry Campaign senior advisor Dr. Moiya McTier said. “AI companies should stop hiding the ball when they copy creative works into AI systems and embrace clear rules of the road for recordkeeping that create a level and transparent playing field for the development and licensing of genuinely innovative applications and tools.”
Spotify has launched a new AI playlist feature for premium users in the United Kingdom and Australia, the company revealed in a blog post on Sunday (April 7). The new feature, which is still in beta, allows Spotify users in those markets to turn any concept into a playlist by using prompts like “an indie […]
Stability AI has launched Stable Audio 2.0, adding key new functions to the company’s text-to-music generator. Now, users can generate tracks that are up to three minutes long at 44.1 KHz stereo from a natural language prompt like, “A beautiful piano arpeggio grows to a full beautiful orchestral piece” or “Lo-fi funk.” Stable Audio 2.0 […]
Recording Industry Association of America (RIAA) COO Michele Ballantyne has been promoted to president, the organization has announced. She will continue to serve as COO, running daily operations and managing RIAA’s 56-person team.
A 2024 Billboard Women in Music honoree, Ballantyne serves on the RIAA executive leadership team alongside chairman/CEO Mitch Glazier while spearheading daily operations and helping lead advocacy efforts across the industry. During her tenure, she’s played a key role in the passage of the landmark Music Modernization Act as well as the PRO-IP Act, which established the first U.S. intellectual property enforcement coordinator in the executive office; and the Higher Education Opportunity Act, which provided colleges and universities with tools to reduce the illegal downloading of copyrighted works on campuses.
“I love my job, and I feel really lucky to have it,” Ballantyne tells Billboard in an exclusive interview (full Q&A below). “Music is something that is so important to everyone, and there are obviously lots of challenges…AI, TikTok, COVID. But one thing I’m really proud about is that at RIAA we’re nimble and we punch above our weight and I think that speaks a lot to the team we have in place. I really feel grateful to be at the helm with Mitch and see where we can take things.”
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Mitch Glazier, Busta Rhymes and Michelle Ballantyne
Daniel Swartz
More recently, Ballantyne has focused particular attention on the growing use of artificial intelligence in music and its ethical implications for creators. Under her leadership, the RIAA became a founding member of the Human Artistry Campaign, a coalition of music and entertainment organizations supporting ethical standards around AI that launched in August. The organization also supported the ELVIS Act, the landmark law designed to protect creators from AI deep fakes that was signed into law in March. On the federal level, the RIAA is supporting bills including the No AI FRAUD Act in the House and the NO FAKES Act in the Senate.
“Michele and I have had the privilege of guiding RIAA and supporting our member companies through amazing celebrations and challenges in the industry,” said Glazier in a statement. “I am grateful for her remarkable leadership and genuine care for people. Our playlists may not always be in sync, but our determination for a thriving and equitable community for music creators is.”
Ballantyne earned her law degree from the Georgetown University Law Center and started her career in government, serving in roles including general counsel for Sen. Tom Daschle, special assistant for President Bill Clinton and special counsel for former White House chief of staff John Podesta. She joined RIAA in 2004 as senior vp of federal government and industry relations. A Black female executive, Ballantyne’s work at the organization has also focused on social justice advocacy, including mobilizing RIAA members to support police reform bills, guiding the implementation of members’ social change commitments and managing the most diverse RIAA board of directors in its history.
On the occasion of her promotion, Billboard spoke with Ballantyne about her new role, the importance of combatting AI deep fakes, Universal Music Group’s dispute with TikTok and the possible implications of the upcoming presidential election.
You’ve been COO for several years now, but you’ve now added “president” to your title. How will your purview at the RIAA change?
It will change a little bit, but maybe not that much. It does catch up to the way we’ve been working, especially Mitch and I, who sort of approach things as a partnership. But the COO part, which is the sort of the nuts and bolts of running the organization and dealing with the internal stuff, it’s not all that I do. I do a lot of industry relations and coordinating with outside groups and coordinating with our member companies and making sure everything runs smoothly, that people are communicating. And so I think it reflects that piece of it too. I’m grateful for the recognition because I enjoy the work, and the title makes it clear to everybody.
You’ve been with the RIAA for around two decades now, and you’ve helped tackle some of the biggest issues in recorded music over that time. What do you see as some of the biggest issues facing the RIAA and its members currently?
No question it’s AI. AI has sort of supercharged everyone’s work. I am not the lead on it, but it’s everybody’s issue. We’re out talking about it and thinking about it and trying to figure out, “How are we gonna meet the challenges that it brings for artists and for labels and everyone in music?” It’s such a challenging time and everything is moving so fast. We’re just trying to figure out how we’re going to navigate all of it. And it’s an exciting time. It brings a lot of innovations to the table.
I think that the music industry in general is usually, in the time that I’ve been at RIAA, in the front. We’re the — I’m not fond of the saying — but the canary in the coal mine. All of these issues are ones that we confront first, the same as with file-sharing or any of those other issues that happened way back when. And the policymakers are grappling with how to handle these changes confronting society with AI, so it’s so multifaceted and very challenging.
We’ve been working on the deep fakes issue. That is one thing that pretty much everyone can come together around. We had that bill pass in Tennessee last week [the ELVIS Act] and we’re working on some federal bills as well. So, this is, I think, where all the focus is going to be. But in general, I think things are good, the industry is moving in a positive direction. You probably saw our revenue numbers came out earlier this week. One of the things that we’re so excited about, and I think that music companies have really embraced, is offering so much choice to fans. And I think that’s really positive.
I was curious about the year-end report. One interesting takeaway is that the record labels may have become almost too reliant on paid subscriptions for revenue and revenue growth. Do you think that revenue mix needs to be more dynamic? And if so, how do you feel labels can get there?
That’s a very tricky question. I’m not sure I can really answer that one. There are a lot of different components that go into it. And a lot of the pieces that are business issues, we aren’t at RIAA going to be able to see into those. It is a concern, for sure, and something that our folks are paying attention to.
I will say that one of the things that I have noticed that has changed most over the time that I’ve been at RIAA is this willingness to innovate and pivot. When I first came to RIAA in 2004, the focus was on how do we address file sharing? It was the Grokster case, and I think that within the companies, the old guard has sort of shifted out and the folks who are there now and have come in have very successfully navigated those challenges to the place we are today.
Today, everyone streams and anybody can get the music they want, whenever they want it. And it is not something that even occurs to young folks. I have a 16-year-old. He doesn’t even think about like, “I can just go on Spotify and listen.” To me, watching that change has been really impactful. And I’m just trying to think about it, like, something exciting will happen next. I’m not sure what it is. But I think it will happen.
One of the other big stories in the last few months was UMG pulling its catalog from TikTok and the ripple effect that that’s had on the industry. What do you think needs to happen to resolve that dispute?
I don’t know. TikTok has has grown so fast, and even among our companies and among policymakers, there’s differing opinions on how to handle that. Universal certainly put their marker down, and we haven’t commented because our companies aren’t all in the same place about it. So I don’t know how that’s going to resolve and I also don’t know what’s going to happen with the federal bill that policymakers are pursuing to say that they’re going to ban TikTok. I mean, it passed the House. It’s very tricky.
We have a big election coming up. What should RIAA members be on the lookout for when either candidate wins, whether it’s Trump or Biden?
We used to go, Mitch and myself, to our companies and board meetings and we would talk to them about what’s happening in D.C. and how it’s all gonna shake out and what we think will happen based on what we know and our experiences working both in the House and the Senate. It’s really hard to tell now. We gave up some years ago on doing our own punditry. The polling doesn’t seem to be as reliable and, as a D.C. person, even some of my colleagues from prior administrations or from the Hill, they’re like, “It’s really hard to tell.”
The good news for everyone in the music industry, not just RIAA, is that largely music issues are bipartisan, and on the committees that handle intellectual property, policy and copyright issues, the Judiciary Committee, they are dealing with many more complex issues such as guns and immigration and reproductive rights and so on. So a lot of times they are more willing to come to the table to talk about music issues, for a variety of reasons. One is that they can get to an agreement, there can be some bipartisan action, and, you know, music touches everyone. And policymakers are no different.
I think that hopefully we can get some action on making sure that we continue to protect the rights of artists and labels and songwriters and others in the music community, and not roll back any rights. We’ll be paying particular attention to AI and deep fakes and making sure that their rights are protected there. But it’s not clear how things will go, either from the standpoint of the election, but also getting bills passed is really hard nowadays. But can we get some engagement? Yes, we’ll get engagement. A lot of times what we try to do too, is if members feel like bills won’t pass, there are other ways to get them to engage, to help bring parties, stakeholders to the table to talk through issues and see if we can get some resolutions and things like that. I expect that to continue. But, you know, D.C. is…it’s tricky.
This interview has been edited and condensed.
In November, I quit my job in generative AI to campaign for creators’ right not to have their work used for AI training without permission. I started Fairly Trained, a non-profit that certifies generative AI companies that obtain a license before training models on copyrighted works.
Mostly, I’ve felt good about this decision — but there have been a few times when I’ve questioned it. Like when a big media company, though keen to defend its own rights, told me it couldn’t find a way to stop using unfairly-trained generative AI in other domains. Or whenever demos from the latest models receive unquestioning praise despite how they’re trained. Or, last week, with the publication of a series of articles about AI music company Suno that I think downplay serious questions about the training data it uses.
Suno is an AI music generation company with impressive text-to-song capabilities. I have nothing against Suno, with one exception: Piecing together various clues, it seems likely that its model is trained on copyrighted work without rights holders’ consent.
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What are these clues? Suno refuses to reveal its training data sources. In an interview with Rolling Stone, one of its investors disclosed that Suno didn’t have deals with the labels “when the company got started” (there is no indication this has changed), that they invested in the company “with the full knowledge that music labels and publishers could sue,” and that the founders’ lack of open hostility to the music industry “doesn’t mean we’re not going to get sued.” And, though I’ve approached the company through two channels about getting certified as Fairly Trained, they’ve so far not taken me up on the offer, in contrast to the 12 other AI music companies we’ve certified for training their platforms fairly.
There is, of course, a chance that Suno licenses its training data, and I genuinely hope I’m wrong. If they correct the record, I’ll be the first to loudly and regularly trumpet the company’s fair training credentials.
But I’d like to see media coverage of companies like Suno give more weight to the question of what training data is being used. This is an existential issue for creators.
Editor’s note: Suno’s founders did not respond to requests for comment from Billboard about their training practices. Sources confirm that the company does not have licensing agreements in place with some of the most prominent music rightsholders, including the three major label groups and the National Music Publishers’ Association.
Limiting discussion of Suno’s training data to the fact that it “decline[s] to reveal details” and not explicitly stating the possibility that Suno uses copyrighted music without permission means that readers may not be aware of the potential for unfair exploitation of musicians’ work by AI music companies. This should factor into our thoughts about which AI music companies to support.
If Suno is training on copyrighted music without permission, this is likely the technological factor that sets it apart from other AI music products. The Rolling Stone article mentions some of the tough technical problems that Suno is solving — having to do with tokens, the sampling rate of audio and more — but these are problems that other companies have solved. In fact, several competitors have models as capable as Suno’s. The reason you don’t see more models like Suno’s being released to the public is that most AI music companies want to ensure training data is licensed before they release their products.
The context here is important. Some of the biggest generative AI companies in the world are using untold numbers of creators’ work without permission in order to train AI models that compete with those creators. There is, understandably, a big public outcry at this large-scale scraping of copyrighted work from the creative community. This has led to a number of lawsuits, which Rolling Stone mentions.
The fact that generative AI competes with human creators is something AI companies prefer not to talk about. But it’s undeniable. People are already listening to music from companies like Suno in place of Spotify, and generative AI listening will inevitably eat into music industry revenues — and therefore human musicians’ income — if training data isn’t licensed.
Generative AI is a powerful technology that will likely bring a number of benefits. But if we support the exploitation of people’s work for training without permission, we implicitly support the unfair destruction of the creative industries. We must instead support companies that take a fairer approach to training data.
And those companies do exist. There are a number — generally startups — taking a fairer approach, refusing to use copyrighted work without consent. They are licensing, or using public domain data, or commissioning data, or all of the above. In short, they are working hard not to train unethically. At Fairly Trained, we have certified 12 of these companies in AI music. If you want to use AI music and you care about creators’ rights, you have options.
There is a chance Suno has licensed its data. I encourage the company to disclose what it’s training its AI model on. Until we know more, I hope anyone looking to use AI music will opt instead to work with companies that we know take a fair approach to using creators’ work.
To put it simply — and to use some details pulled from Suno’s Rolling Stone interview — it doesn’t matter whether you’re a team of musicians, what you profess to think about IP, or how many pictures of famous composers you have on the walls. If you train on copyrighted work without a license, you’re not on the side of musicians. You’re unfairly exploiting their work to build something that competes with them. You’re taking from them to your gain — and their cost.
Ed Newton-Rex is the CEO of Fairly Trained and a composer. He previously founded Jukedeck, one of the first AI music companies, ran product in Europe for TikTok, and was vp of audio at Stability AI.
Tennessee governor Bill Lee signed the ELVIS Act into law Thursday (Mar. 21), legislation designed to further protect the state’s artists from artificial intelligence deep fakes. The bill, more formally named the Ensuring Likeness Voice and Image Security Act of 2024, replaces the state’s old right of publicity law, which only included explicit protections for one’s “name, photograph, or likeness,” expanding protections to include voice- and AI-specific concerns for the first time.
Gov. Lee signed the bill into law from a local honky tonk, surrounded by superstar supporters like Luke Bryan and Chris Janson. Lee joked that it was “the coolest bill signing ever.”
The ELVIS Act was introduced by Gov. Lee in January along with State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lambert (R-44), and it has since garnered strong support from the state’s artistic class. Talents like Lindsay Ell, Michael W. Smith, Natalie Grant, Matt Maher and Evanescence‘s David Hodges have been vocal in their support for the bill.
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It also gained support from the recorded music industry and the Human Artistry Campaign, a global initiative of entertainment organizations that pushes for a responsible approach to AI. The initiative has buy-in from more than 180 organizations worldwide, including the RIAA, NMPA, BMI, ASCAP, Recording Academy and American Association of Independent Music (A2IM).
Right of publicity protections vary state-to-state in the United States, leading to a patchwork of laws that make enforcing one’s ownership over one’s name, likeness and voice more complicated. There is an even greater variation among right of publicity laws postmortem. As AI impersonation concerns have grown more prevalent over the last year, there has been a greater push by the music business to gain a federal right of publicity.
The ELVIS Act replaces the Personal Rights Protection Act of 1984, which was passed, in part, to extend Elvis Presley‘s publicity rights after he passed away. (At the time, Tennessee did not recognize a postmortem right of publicity). Along with explicitly including a person’s voice as a protected right for the first time, the ELVIS Act also broadens which uses of one’s name, image, photograph and voice are barred.
Previously, the Personal Rights Protection Act only banned uses of a person’s name, photograph and likeness “for purpose of advertising,” which would not include the unauthorized use of AI voices for performance purposes. The ELVIS Act does not limit liability based on context, so it would likely bar any unauthorized use, including in a documentary, song or book, among other mediums.
The federal government is also working on solutions to address publicity rights concerns. Within hours of Gov. Lee’s introduction of the ELVIS Act in Tennessee back in January, a bipartisan group of U.S. House lawmakers revealed the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act (No AI FRAUD Act), which aims to establish a framework for protecting one’s voice and likeness on a federal level and lays out First Amendment protections. It is said to complement the Senate’s Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES Act), a draft bill that was introduced last October.
While most of the music business is aligned on creating a federal right of publicity, David Israelite, president/CEO of the National Music Publishers’ Association (NMPA), warned in a speech delivered at an Association of Independent Music Publishers (AIMP) meeting in February that “while we are 100% supportive of the record labels’ priority to get a federal right of publicity…it does not have a good chance. Within the copyright community, we don’t even agree on [it]. Guess who doesn’t want a federal right of publicity? Film and TV. Guess who’s bigger than the music industry? Film and TV.”
The subject of AI voice cloning has been a controversial topic in the music business since Ghostwriter released the so-called “Fake-Drake” song “Heart On My Sleeve,” which used the AI technology without permission. In some cases, this form of AI can present novel creative opportunities — including its use for pitch records, lyric translations, estate marketing and fan engagement — but it also poses serious threats. If an artist’s voice is cloned by AI without their permission or knowledge, it can confuse, offend, mislead or even scam fans.
There is no shortage of AI voice synthesis companies on the market today, but Voice-Swap, founded and led by Dan “DJ Fresh” Stein, is trying to reimagine what these companies can be.
The music producer and technologist intends Voice-Swap to act as not just a simple conversion tool but an “agency” for artists’ AI likenesses. He’s also looking to solve the ongoing question of how to monetize these voice models in a way that gets the most money back to the artists — a hotly contested topic since anonymous TikTok user Ghostwriter employed AI renderings of Drake and The Weeknd‘s voices without their permission on the viral song “Heart On My Sleeve.”
In an exclusive interview with Billboard, Stein and Michael Pelczynski, a member of the company’s advisory board and former vp at SoundCloud, explain their business goals as well as their new monetization plan, which includes providing a dividend for participating artists and payment to artists every time a user employs their AI voice — not just when the resulting song is released commercially and streamed on DSPs. The company also reveals that it’s working on a new partnership with Imogen Heap to create her voice model, which will arrive this summer.
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Voice-Swap sees the voice as the “new real estate of IP,” as Pelczynski puts it — just another form of ownership that can allow a participating artist to make passive income. (The voice, along with one’s name and likeness, is considered a “right of publicity” which is currently regulated differently state-to-state.)
In addition to seeing AI voice technology as a useful tool to engage fans of notable artists like Heap and make translations of songs, the Voice-Swap team also believes AI voices represent a major opportunity for session vocalists with distinct timbres but lower public profiles to earn additional income. On its platform now, the company has a number of session vocalists of varying vocal styles available for use; Voice-Swap sees session vocalists’ AI voice models as potentially valuable to songwriters and producers who may want to shape-shift those voices during writing and recording sessions. (As Billboard reported in August, using AI voice models to better tailor pitch records to artists has become a common use-case for the emerging technology.)
“We like to think that, much like a record label, we have a brand that we want to build with the style of artists and the quality we represent at Voice-Swap,” says Stein. “It doesn’t have to be a specific genre, but it’s about hosting unique and incredible voices as opposed to [just popular artists].”
Last year, we saw a lot of fear and excitement surrounding this technology as Ghostwriter appeared on social media and Grimes introduced her own voice model soon after. How does your approach compare to these examples?
Pelczynski: This technology did stoke a lot of fear at first. This is because people see it as a magic trick. When you don’t know what’s behind it and you just see the end result and wonder how it just did that, there is wonder and fear that comes. [There is now the risk] that if you don’t work with someone you trust on your vocal rights, someone is going to pick up that magic trick and do it without you. That’s what happened with Ghostwriter and many others.
The one real main thing to emphasize is the magic trick of swapping a voice isn’t where the story ends, it’s where it begins. And I think Grimes in particular is approaching it with an intent to empower artists. We are, too. But I think where we differentiate is the revenue stream part. With the Grimes model, you create what you want to create and then the song goes into the traditional ecosystem of streaming and other ways of consuming music. That’s where the royalties are made off of that.
We are focused on the inference. Our voice artists get paid on the actual conversion of the voice. Not all of these uses of AI voices end up on streaming, so this is important to us. Of course, if the song is released, additional money for the voice can be made then, too. As far as we know, we are the first platform to pay royalties on the inference, the first conversion.
Stein: We also allow artists the right to release their results through any distributor they want. [Grimes’ model is partnered exclusively with TuneCore.] We see ourselves a bit like an agency for artists’ voices.
What do you mean by an “agency” for artists’ voices?
Stein: When we work with an artist at Voice-Swap we intend to represent them and license their voice models created with us to other platforms to increase their opportunities to earn income. It’s like working with an agent to manage your live bookings. We want to be the agent for the artists’ AI presence and help them monetize it on multiple platforms but always with their personal preferences and concerns in mind.
What kinds of platforms would be interested in licensing an AI voice model from Voice-Swap?
Stein: It is early days for all of the possible use cases, but we think the most obvious example at the moment is music production platforms [or DAWs, short for digital audio workstation] that want to use voice models in their products.
There are two approaches you can take [as an AI voice company.] We could say we are a SaaS platform, and the artist can do deals with other platforms themselves. But the way we approach this is we put a lot of focus into the quality of our models and working with artists directly to keep improving it. We want to be the one-stop solution for creating a model the artist is proud of.
I think the whole thing with AI and where this technology is going is that none of us know what it’s going to be doing 10 years from now. So for us, this was also about getting into a place where we can build that credibility in those relationships and not just with the artists. We want to work with labels, too.
Do you have any partnerships with DAWs or other music-making platforms in place already?
Pelczynski: We are in discussions and under NDA pending an announcement. Every creator’s workflow is different — we want our users to have access to our roster of voices wherever they feel most comfortable, be that via the website, in a DAW or elsewhere. That’s why we’re exploring these partnerships, and why we’ve designed our upcoming VST [virtual studio technology] to make that experience even more seamless. We also recently announced a partnership with SoundCloud, with deeper integrations aimed at creators forthcoming.
Ultimately, the more places our voices are available, the more opportunities there are for new revenue for the artists, and that’s our priority.
Can some music editing take place on the Voice-Swap website, or do these converted voices need to be exported?
Pelczynski: Yes, Dan has always wanted to architect a VST so that it can act like a plug-in in someone’s DAW, but we also have the capability of letting users edit and do the voice conversion and some music editing on our website using our product Stem-Swap. That’s an amazing playground for people that are just coming up. It is similar to how BandLab and others are a good quick way to experiment with music creation.
How many users does Voice-Swap have?
Pelczynski: We have 140,000 verified unique users, and counting.
Can you break down the specifics of how much your site costs for users?
Pelczynski: We run a subscription and top-up pricing system. Users pay a monthly or one-off fee and receive audio credits. Credits are then used for voice conversion and stem separation, with more creator tools on the way.
How did your team get connected with Imogen Heap, and given all the competitors in the AI voice space today, why do you think she picked Voice-Swap?
Pelczynski: We’re very excited to be working with her. She’s one of many established artists that we’re working on currently in the pipeline, and I think our partnership comes down to our ethos of trust and consent. I know it sounds trite, but I think it’s absolutely one of the cornerstones to our success.
Nearly 300 artists, songwriters, actors and other creators are voicing support for a new bipartisan Congressional bill that would regulate the use of artificial intelligence for cloning voices and likenesses via a new print ad running in USA Today on Friday (Feb. 2).
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The bill — dubbed the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act (“No AI FRAUD” Act) and introduced in the U.S. House on Jan. 10 — would establish a federal framework for protecting voices and likenesses in the age of AI.
Placed by the Human Artistry Campaign, the ad features such bold-faced names as 21 Savage, Bette Midler, Cardi B & Offset, Chuck D, Common, Gloria Estefan, Jason Isbell, the estate of Johnny Cash, Kelsea Ballerini, Lainey Wilson, Lauren Daigle, Lamb of God, Mary J. Blige, Missy Elliott, Nicki Minaj, Questlove, Reba McEntire, Sheryl Crow, Smokey Robinson, the estate of Tomy Petty, Trisha Yearwood and Vince Gill.
“The No AI FRAUD Act would defend your fundamental human right to your voice & likeness, protecting everyone from nonconsensual deepfakes,” the ad reads. “Protect your individuality. Support HR 6943.”
The Human Artistry Campaign is a coalition of music industry organizations that in March 2023 released a series of seven core principles regarding artificial intelligence. They include ensuring that AI developers acquire licenses for artistic works used in developing and training AI models, as well as that governments refrain from creating “new copyright or other IP exemptions that allow AI developers to exploit creators without permission or compensation.”
In addition to musical artists, the USA Today ad also bears the names of actors such as Bradley Cooper, Clark Gregg, Debra Messing, F. Murray Abraham, Fran Drescher, Laura Dern, Kevin Bacon, Kyra Sedgwick, Kristen Bell, Kiefer Sutherland, Julianna Margulies and Rosario Dawson.
The No AI FRAUD Act was introduced by Rep. María Elvira Salazar (R-FL) alongside Reps. Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Joe Morelle (D-NY) and Rob Wittman (R-VA). The bill is said to be based upon the Senate discussion draft Nurture Originals, Foster Art, and Keep Entertainment Safe Act (“NO FAKES” Act), which was unveiled in October.
“It’s time for bad actors using AI to face the music,” said Rep. Salazar in a statement at the time the legislation was announced. “This bill plugs a hole in the law and gives artists and U.S. citizens the power to protect their rights, their creative work, and their fundamental individuality online.”
Spurred in part by recent incidents including the viral “fake Drake” track “Heart On My Sleeve,” the No AI FRAUD Act would establish a federal standard barring the use of AI to copy the voices and likenesses of public figures without consent. As it stands, an artist’s voice, image or likeness is typically covered by “right of publicity” laws that protect them from commercial exploitation without authorization, but those laws vary state by state.
The bill was introduced on the same day a similar piece of legislation — the Ensuring Likeness Voice and Image Security (ELVIS) Act — was unveiled in Tennessee by Governor Bill Lee. That bill would update the state’s Protection of Personal Rights law “to include protections for songwriters, performers, and music industry professionals’ voice from the misuse of artificial intelligence (AI),” according to a press release.
Since its unveiling, the No AI Fraud Act has received support from a range of music companies and organizations including the Recording Industry Association of America (RIAA), Universal Music Group, the National Music Publishers’ Assocation (NMPA), the Recording Academy, SoundExchange, the American Association of Independent Music (A2IM) and the Latin Recording Academy.
You can view the full ad below.