artificial intelligence
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A U.K. Parliament committee is calling on the British government to ensure that artificial intelligence (AI) developers are prevented from the free use of copyright-protected musical works for training purposes — and to commit to abandoning much-criticized plans that opponents say would significantly weaken copyright protections for artists and rights holders.
A report from the Culture, Media and Sport (CMS) Committee published Wednesday (Aug. 30) says that any future legislation governing the use of AI technology in the United Kingdom, the world’s third-biggest music market, must not risk “reducing arts and cultural production to mere ‘inputs’ in AI development.”
Committee members also state that urgent action must be taken to improve protections for artists and creators against the misuse of their likenesses, image rights and performances by emerging technologies such as generative AI.
The report comes more than a year after U.K. government body The Intellectual Property Office (IPO) first proposed the introduction of a new text and data mining (TDM) exception allowing AI developers to freely use copyright-protected works for commercial purposes.
Those plans, announced by the IPO last June, gave rights holders no option to opt out of the TDM exception, although they did state that tech developers would still require “lawful access” to any copyright-protected data, enabling rights holders to agree to license fees and charge for access.
The proposals drew strong criticism from across the creative industries, with Jamie Njoku-Goodwin, CEO of umbrella trade body UK Music, describing them as a “green light to music laundering.” In response, the government announced in February that it had listened to the objections and would no longer be proceeding with the original plans.
The CMS Committee welcomed the change of course but warned that the government’s handling “shows a clear lack of understanding of the needs of the U.K.’s creative industries.”
“The chorus of warnings from musicians, authors and artists about the real and lasting harm a failure to protect intellectual property in a world where the influence of AI is growing should be enough for ministers to sit up and take notice,” said CMS Committee chair Dame Caroline Dinenage in a statement.
Dinenage said the government must follow through on its pledge to abandon plans for a text and data mining exception to copyright-protected works and regain the trust of the creative industries by developing “a copyright and regulatory regime that properly protects them” from the potential risks of AI.
The U.K.’s current legal framework, which contains TDM allowances for non-commercial research purposes while also allowing rights holders to commercially license their work, “provides an appropriate balance between innovation and creator rights,” said the committee report.
The U.K.’s moves to police the rapidly evolving AI sector comes as other countries and jurisdictions, including the United States, China and the European Union, explore their own paths toward regulating the nascent technology.
The EU’s Artificial Intelligence Act, which was first proposed in April 2021 and is now being negotiated among politicians in different branches of government, is leading the way as the world’s first comprehensive legislation around AI. It states that generative AI systems will be forced to disclose any content that they produce that is AI-generated — helping differentiate computer-created works from those authored by humans — and provide detailed, publicly available summaries of any copyright-protected music or data they have used for training purposes.
Other provisions in European law, most notably those contained in 2019’s EU Copyright Directive, also deal with AI and text and data mining exceptions of copyrighted content, such as music, although these are more robust than those initially proposed — and since abandoned — by the U.K. government. These EU provisions include allowing rights holders to stop AI systems from using their content for training purposes, or to limit which ones can in order to license that right.
Responding to the CMS Committee’s recommendations, BPI chief executive Jo Twist said it was “essential that artists and rightsholders can work in partnership with technology and that policies do not allow AI to get a free ride, but to always respect human creativity by seeking permission and remunerating the use of creative content.”
Grimes is among the first wave of featured speakers for the 2024 South by Southwest (SXSW) conference, an event which promises to lean into AI-focused programming.
Announced today (Aug. 29), the multidisciplinary artist will join a session dubbed “AI and the Independent Artist,” which will explore how artificial intelligence is changing the way artists create and market their music, engage with their fans, and, of course, the challenges and responsibilities for the music industry that come with it.
The Canadian artist is known for pushing boundaries in the creative space. She enhanced that reputation by unveiling her Elf.Tech project earlier in the year, an open-source software program which encourages fans to make music (and money) with replications of her voice.
TuneCore CEO Andreea Gleeson and CreateSafe CEO Daouda Leonard are also confirmed for the panel, on which they will “present principles for companies to consider” and share results and lessons learned from early AI pilot programs, according to a SXSW statement.
The conversation on AI is only getting started. Just last week, streaming giant YouTube and Universal Music Group, the world’s biggest music company, announced a new initiative with artists and producers for an “AI Music Incubator,” and YT unveiled its own set of principals as it promised to “embrace” AI “responsibly together” with its music partners.
Other SXSW daytime discussions will drill into “AI and Humanity’s Co-evolution,”” with speakers venture partner at SignalFire Josh Constine and OpenAI’s VP of consumer product and head of ChatGPT Peter Deng; “Building the Next Era of the Internet” with author, general partner at Andreessen Horowitz, and founder/managing partner at a16z crypto Chris Dixon; and a conversation with creator, host, and executive producer of the podcast Call Her Daddy Alex Cooper and founder and CEO of ACE Entertainment Matt Kaplan.
Also slated for the conference schedule, CEO of the Future Today Institute and professor at NYU Stern School of Business Amy Webb will launch the 2024 Emerging Tech Trend Report.
SXSW 2024 will take place March 8–16 in Austin, TX.
Established in 1987, SXSW celebrates the convergence of tech, film and television, music, education, and culture and is recognized as an important destination for professionals who play in those spaces.
SXSW 2024 is sponsored by Porsche, C4 Energy, and The Austin Chronicle.
Visit sxsw.com for more.
Ask 100 people how they feel about AI-generated songs and you will likely get 100 different answers. But ask Selena Gomez how she feels about someone who cobbled together an AI version of The Weeknd‘s “Starboy” featuring her computer-generated vocals layered next to those of her ex and, well, her answer is swift and succinct. […]
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A federal judge rules that works created by A.I. are not covered by copyrights; an appeals court revives abuse lawsuits against Michael Jackson’s companies; Smokey Robinson beats a lawsuit claiming he owed $1 million to a former manager; SoundExchange sues SiriusXM for “gaming the system” on royalties; and much more.
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No Copyrights For A.I. Works – But Tougher Questions Loom
The rise of artificial intelligence will pose many difficult legal questions for the music business, likely requiring some combination of litigation, regulation and legislation before all the dust settles. But on at least one A.I. issue, a federal judge just gave us a clean, straightforward answer.
In a decision issued Friday, U.S. District Judge Beryl Howell ruled that American copyright law does not cover works created entirely by artificial intelligence – full stop. That’s because, the judge said, the essential purpose of copyright law is to encourage human beings to create new works.
“Non-human actors need no incentivization with the promise of exclusive rights under United States law, and copyright was therefore not designed to reach them,” the judge wrote.
Though novel, the decision was not entirely surprising. Federal courts have long strictly limited copyrights to content created by humans, rejecting it for works created by animals, by forces of nature, and even those claimed to have been authored by divine spirits, like religious texts.
But the ruling was nonetheless important because it came amid growing interest in the future role that could be played in the creation of music and other content by so-called generative AI tools, similar to the much-discussed ChatGPT. The issue of copyright protection is crucial to the future role of AI, since works that are not protected would be difficult to monetize.
Trickier legal dilemmas lie ahead. What if an AI-powered tool is used in the studio to create parts of a song, but human artists then add other elements? How much human direction on the use of AI tools is needed for the output to count as “human authorship”? How can a court filter out, in practical terms, elements authored by computers?
On those questions, the current answers are much squishier – something that Judge Howell hinted at in her decision. “Undoubtedly, we are approaching new frontiers in copyright as artists put AI in their toolbox to be used in the generation of new visual and other artistic works. The increased attenuation of human creativity from the actual generation of the final work will prompt challenging questions.”
“This case, however, is not nearly so complex.”
Other top stories this week…
MJ ABUSE CASES REVIVED – A California appeals court revived lawsuits filed by two men who claim Michael Jackson sexually abused them as children, ruling that they can pursue negligence claims against his companies. A lower court dismissed the cases on the grounds that staffers had no power to control Jackson, who was the sole owner of the companies. But the appeals court called such a ruling “perverse” and overturned it: “A corporation that facilitates the sexual abuse of children by one of its employees is not excused from an affirmative duty to protect those children merely because it is solely owned by the perpetrator.”
SMOKEY ROBINSON TRIAL VICTORY – The legendary Motown singer won a jury trial against a former manager who claimed he was owed nearly $1 million in touring profits, capping off more than six years of litigation over the soured partnership. Robinson himself took the stand during the case, telling jurors that the deal was never intended to cover concert revenue.
“GAMING THE SYSTEM” – SoundExchange filed a lawsuit against SiriusXM claiming the satellite radio giant is using bookmaking trickery in order to withhold more than $150 million in royalties owed to artists. The case centers on allegations that SiriusXM is manipulating how it bundles satellite services with web streaming services to “grossly underpay the royalties it owes.”
TIKTOK JUDGE RESPONDS – A judge in New Jersey defended himself against misconduct allegations over TikTok videos in which he lip-synced to Rihanna’s “Jump” and other popular songs, admitting “poor judgment” and “vulgar” lyrics but saying he should receive only a light reprimand for what intended as “silly, harmless, and innocent fun.”
LAWSUIT OVER TAKEOFF SHOOTING – Joshua Washington, an assistant to the rapper Quavo, filed a lawsuit over last year’s shooting in Houston that killed fellow Migos rapper Takeoff. He claims injuries sustained during the attack are the fault of the bowling alley where the shooting took place, which he says failed to provide adequate security, screening or emergency assistance.
GUNPLAY FACING FELONY COUNTS – The rapper Gunplay was arrested in Miami and hit with three felony charges over an alleged domestic violence incident in which he is reportedly accused of drunkenly pointing an AK-47 assault rifle at his wife and child during an argument.
FRENCH DIDN’T CLEAR SAMPLE? – The rapper French Montana was hit with a copyright lawsuit claiming his 2022 song “Blue Chills” features an unlicensed sample from singer-songwriter Skylar Gudasz. She claims he tentatively agreed to pay her for the clip – both in an upfront payment and a 50 percent share of the publishing copyright — but then never actually signed the deal.
YOUTUBE FRAUDSTER SENTENCED – Webster “Yenddi” Batista Fernandez, one of the leaders of the largest-known YouTube music royalty scam in history, was sentenced to nearly four years in prison after pleading guilty to one count of wire fraud and one count of conspiracy. Under the name MediaMuv, Batista and an accomplice fraudulently collected roughly $23 million in royalties from over 50,000 songs by Latin musicians ranging from small artists to global stars like Daddy Yankee.
Universal Music Group announced on Monday (Aug. 21) a partnership with YouTube to create a set of principles and best practices around the use of artificial intelligence within the music community, as well as a Music AI Incubator bringing together several UMG artists and producers to help study the effect of the technology, including Anitta, Juanes, Yo Gotti, Louis Bell, ABBA’s Björn Ulvaeus, Ryan Tedder and the estate of Frank Sinatra, among others.
In announcing the new incubator and the three principles — which boil down to embracing the new technological possibilities while protecting creators and establishing content and safety policies — UMG chairman/CEO Lucian Grainge penned an op-ed for YouTube’s blog, in which he acknowledged both the possibilities and the potential dangers of AI.
“Given this tension, our challenge and opportunity as an industry is to establish effective tools, incentives and rewards – as well as rules of the road – that enable us to limit AI’s potential downside while promoting its promising upside,” Grainge writes. “If we strike the right balance, I believe AI will amplify human imagination and enrich musical creativity in extraordinary new ways.”
In reference to the collaboration with YouTube, Grainge points to the video streamer’s development of its ContentID system, which helps screen user-generated content uploaded to the service for copyrighted works, and helps get creators (and copyright owners, such as UMG) paid for their use on the platform. That type of collaboration between DSP and music companies is foundational to the work YouTube and UMG are beginning with respect to AI, Grainge says.
“The truth is, great entertainment doesn’t just reach audiences on its own,” he writes. “It also requires the global infrastructure, new business models, scaled distribution, innovative partnerships and effective safeguards that enable talented artists to create with freedom and receive fair compensation. … Today, our partnership is building on that foundation with a shared commitment to lead responsibly, as outlined in YouTube’s AI principles, where Artificial Intelligence is built to empower human creativity, and not the other way around. AI will never replace human creativity because it will always lack the essential spark that drives the most talented artists to do their best work, which is intention. From Mozart to The Beatles to Taylor Swift, genius is never random.”
Read his full op-ed here.
YouTube announced a new initiative with artists and producers from Universal Music Group on Monday (August 21): An “AI Music Incubator” that will include input from Anitta, Juanes, Ryan Tedder, Björn Ulvaeus from Abba, Rodney Jerkins, d4vd, Max Richter, and the estate of Frank Sinatra, among others.
“This group will explore, experiment and offer feedback on the AI-related musical tools and products they are researching,” Universal CEO Lucian Grainge wrote in a blog post. “Once these tools are launched, the hope is that more artists who want to participate will benefit from and enjoy this creative suite.”
Grainge added that “our challenge and opportunity as an industry is to establish effective tools, incentives and rewards — as well as rules of the road — that enable us to limit AI’s potential downside while promoting its promising upside.”
In a statement, Ulvaeus said that “while some may find my decision controversial, I’ve joined this group with an open mind and purely out of curiosity about how an AI model works and what it could be capable of in a creative process. I believe that the more I understand, the better equipped I’ll be to advocate for and to help protect the rights of my fellow human creators.”
Juanes noted in a statement of his own that “artists must play a central role in helping to shape the future of this technology” so “that it is used respectfully and ethically in ways that amplify human musical expression for generations to come.”
This sentiment was echoed by Richter: “Unless artists are part of this process, there is no way to ensure that our interests will be taken into account,” the composer said in a statement. “We have to be in this conversation, or our voices won’t be heard.”
Neal Mohan, YouTube’s CEO, also published the company’s “AI music principles” on Monday. The company promised to “embrace” AI “responsibly together with our music partners” and noted that any AI initiatives “must include appropriate protections and unlock opportunities for music partners who decide to participate.”
YouTube’s “AI music principles” as posted:
AI is here, and we will embrace it responsibly together with our music partners.
AI is ushering in a new age of creative expression, but it must include appropriate protections and unlock opportunities for music partners who decide to participate.
We’ve built an industry-leading trust and safety organization and content policies. We will scale those to meet the challenges of AI.
A federal judge ruled Friday (Aug. 18) that U.S. copyright law does not cover creative works created by artificial intelligence, weighing in on an issue that’s being closely watched by the music industry.
In a 15-page written opinion, Judge Beryl Howell upheld a decision by the U.S. Copyright Office to deny a copyright registration to computer scientist Stephen Thaler for an image created solely by an AI model. The judge cited decades of legal precedent that such protection is only afforded to works created by humans.
“The act of human creation — and how to best encourage human individuals to engage in that creation, and thereby promote science and the useful arts — was … central to American copyright from its very inception,” the judge wrote. “Non-human actors need no incentivization with the promise of exclusive rights under United States law, and copyright was therefore not designed to reach them.”
In a statement Friday, Thaler’s attorney Ryan Abbot said he and his client “disagree with the district court’s judgment” and vowed to appeal: “In our view, copyright law is clear that the public is the main beneficiary of the law and this is best achieved by promoting the generation and dissemination of new works, regardless of how they are created.”
Though novel, the decision was not entirely surprising. Federal courts have long strictly limited to content created by humans, rejecting it for works created by animals, by forces of nature, and even those claimed to have been authored by divine spirits, like religious texts.
But the ruling was nonetheless important because it came amid growing interest in the future role that could be played in the creation of music and other content by so-called generative AI tools, similar to the much-discussed ChatGPT. The question of copyright protection is crucial to the future role of AI since works that are not protected would be difficult to monetize.
“Undoubtedly, we are approaching new frontiers in copyright as artists put AI in their toolbox to be used in the generation of new visual and other artistic works,” the judge wrote. “The increased attenuation of human creativity from the actual generation of the final work will prompt challenging questions.”
The current case, however — dealing with a work that was admittedly created solely by a computer — “is not nearly so complex,” the judge wrote. Given the lack of any human input at all, she said, Thaler’s case presented a “clear and straightforward answer.”
Though Friday’s ruling came with a clear answer, more challenging legal dilemmas will come in the future from more subtle uses of AI. What if an AI-powered tool is used in the studio to create parts of a song, but human artists add other elements to the final product? How much human direction on the use of those tools is needed for the output to count as “human authorship”?
Earlier this year, a report by the U.S. Copyright Office said that AI-assisted works could still be copyrighted, so long as the ultimate author remains a human being. The report avoided offering easy answers, saying that protection for AI works would be “necessarily a case-by-case inquiry,” and that the final outcome would always depend on individual circumstances.
Read the full opinion here:
As artificial intelligence remains the hottest topic of 2022, last month President Biden stood alongside big tech leaders as they pledged impotent “voluntary commitments” to control the emerging technology. Those leaders did so fully comprehending the dangers posed by the rapid and unrestricted penetration of AI through society — which are especially grave for artists and creators.
None of the commitments can give anyone in the music or creative industries comfort. They are as basic and malleable as “prioritizing research” and “sharing information on managing AI risks.” It is impossible to monitor big tech’s compliance with them. Even worse, all of the commitments are unenforceable.
We are already experiencing the consequences of the unbridled development and use of AI. Copyrighted material is being routinely ingested and used by AI conglomerates without the consent or even knowledge of rights holders. AI-generated vocals and deepfakes — given prominence by the Fake Drake and The Weeknd’s “Heart On My Sleeve” saga — are prevalent and becoming more realistic by the day. “Artificial streaming” — whereby AI bots create and upload songs, and then artificially inflate streaming numbers — is a massive issue for the streaming industry. Misinformation and inaccuracies in AI output are rampant. Generative AI programs suffer from what experts call “hallucination” — where they make up or misrepresent facts. The victims are widespread, ranging from lawyers given fake legal cases to cite in court papers, to a professor named as the accused in a sexual harassment scandal fabricated by AI.
Nicholas Saady
The lacuna of AI regulation and long wait for decisions in significant AI court cases leaves rights holders, and broader society, at the mercy of big tech. That includes the protagonists of the 2016 Cambridge Analytica scandal (where there were laws in place prohibiting such misconduct), Frances Haugen’s 2021 revelations about Facebook and its platforms’ impact on issues such as teen health and even human trafficking, as well as those being investigated by the FTC for engaging in unfair or deceptive practices causing harm to consumers. Some in this group have recently shown immense hostility to lawmakers, and threatened to leave the EU if it regulates AI. None are those whose history or current actions compel public trust.
We also have minimal, if any — a point recently illustrated by the California Stability AI lawsuit, in which key issues are copyright infringement and data scraping — transparency around the ingestion and scraping of data by companies that own generative AI. Content and data protections were not formulated with current forms of AI in mind. Nor were copyright and right of publicity laws. It is unclear whether they provide sufficient protections, and in any case, are difficult to enforce amidst the black box of AI data ingestion.
Draconian regulation is not the answer to these issues. Nor is inaction. Congress has been exceptionally slow to move. While some lawmakers have proposed legislation, held a few congressional hearings, and suggested new federal agencies to deal with AI, nothing meaningful has resulted. The significant AI litigation is also not progressing quickly. Recently, a Federal Judge indicated that he was inclined to dismiss the California Stability AI lawsuit, but would give the plaintiffs a chance to reformulate their case. This means any decision or guidance is unlikely this year. Similar court cases will not provide definitive guidance soon, and many may settle. Even if decisions are released, they will not be universally applicable.
U.S. Congress’ inaction starkly contrasts the European Union’s continued development of its “AI Act,” which includes important guardrails for the use of AI. For generative AI such as ChatGPT, the AI Act requires disclosure of content generated by AI; prohibitions on the ability to generate illegal content; and publication of copyrighted data used for training. It also prohibits real-time and remote biometric identification systems and cognitive behavioral manipulation using AI. While the final form of the Act is being negotiated, the EU hopes to “reach an agreement by the end” of 2023.
However, the EU AI Act is not a panacea — especially not for artists and creators, as music industry organizations like GESAC, ICMP, IFPI, IMPALA and IMPF recently pointed out to the EU. To properly protect human creativity and rights in creative output, more can be done to increase transparency regarding the data on which AI is trained and record keeping of the same — particularly content which is protected by registered copyrights. Such publicly accessible information will enable artists and creators to determine if their content has been ingested by AI, and also to make fully informed assessments as to whether AI outputs constitute infringement or fair use of their content. Stronger protections around the use of video and audio deepfakes and digital recreations of humans, particularly celebrities, are becoming an increasing priority to protect privacy, creativity and livelihoods.
The stakes are too high for a wait and see approach. We saw what happened when that approach was employed with cryptocurrency: FTX and other similar debacles. The potential impact of generative AI is greater because of its universal application and almost limitless potential. As history and the cacophony of current AI lawsuits make clear, big tech has little regard for the intellectual property, livelihoods and creativity of artists and creators, nor for individuals’ privacy and personal information.
The recent “voluntary commitments” won’t change a thing. Congress should take swift action. It has a unique opportunity to lead the world in AI regulation by passing an enhanced version of the EU AI Act. The risks of inaction amidst the rapid development and use of generative AI — like AI’s capabilities — are in many respects, existentially threatening.
Nicholas Saady is a U.S. and Australian lawyer, who represents high-profile organizations and individuals — including major artists, labels and agents — regarding complex intellectual property, technology and commercial matters. He has also published widely on issues relating to technology, AI, NFTs and cryptocurrency.
Futureverse — a multi-hyphenate AI company — published a new research paper on Thursday (June 9) to introduce its forthcoming text-to-music generator. Called Jen-1, the unreleased model is designed to improve upon issues found in currently available music generators like Google’s MusicLM, providing higher fidelity audio and longer, more complex musical works than what is on the market today.
“Jen is spelled J-E-N because she’s designed to be your friend who goes into the studio with you. She’s a tool,” says Shara Senderoff, co-founder of Futureverse and co-founder of Raised in Space, about the model in an exclusive first-look with Billboard. Predicted to release in early 2024, Jen can form up-to three minute songs as well as help producers with half-written songs through offering ‘continuation’ and ‘in-painting’ as well.
‘Continuation’ allows a music maker to upload an incomplete song to Jen and direct the model to create a plausible idea of how to finish the song, and ‘in-painting’ refers to a process by which the model can fill in spaces of a song that are damaged or incomplete in the middle of the work. To Aaron McDonald, the company’s co-founder, Jen’s role is to “extend creativity” of human artists.
When asked why Jen is a necessary invention during a time in which producers, songwriters and artists are more bountiful than ever, McDonald replied, “I think musicians throughout the ages have always embraced new technology that expands the way they can create music,” pointing to electronic music as one example of how new tools shape musical evolution. “To imply that music doesn’t need [any new] technology to expand and become better now is kind of silly… and arbitrary.”
He also sees this as a way to “democratize” the “high end of music [quality],” which he says is now only accessible to musicians with the means to record at a well-equipped studio and with trained technicians. With Jen, Johnson and Senderoff hope to satisfy the interests of professional musicians and to encourage newcomers to dabble in songwriting, perhaps for the first time. The two co-founders imagine a world in which everyday people can create music, and have nicknamed the products of this type of user as ‘AIGC,’ a twist on the term User Generated Content (or ‘UGC’).
Futureverse was formed piecemeal over the last 18 months, merging eleven different pre-existing AI and metaverse start-ups together into one company to make a number of creative AI models, including those that produce animations, music, sound effects and more. To power their inventions, the company employs the AI protocol from Altered State Machine, a company that was founded by Johnson and included in the merger.
Senderoff says Jen will also be a superior product because Futureverse created it with the input of some of music’s top business executives and creators, unlike its competitors. Though Senderoff does not reveal who the industry partners are or how Jen will be a more ethical and cooperative model for musicians, but she assures an announcement will be released soon providing more information.
Despite its proposed upgrades, Futureverse’s Jen could face significant challenges from other text-to-music generators named in the new research paper, given some were made by the world’s most established tech giants and have already hit the market, but McDonald is unperturbed. “That forces us to think differently. We don’t have the resources that they do, but we started our process with that in mind. I think we can beat them with a different approach: the key insight is working with the music industry as a way to produce a better product.”
Universal Music Group is in the early stages of talks with Google about licensing artists’ voices for songs created by artificial intelligence, according to The Financial Times. Warner Music Group has also discussed this possibility, The Financial Times reported.
Advances in artificial-intelligence-driven technology have made it relatively easy for a producer sitting at home to create a song involving a convincing facsimile of a superstar’s voice — without that artist’s permission. Hip-hop super-fans have been using the technology to flesh out unfinished leaks of songs from their favorite rappers.
One track in particular grabbed the industry’s attention in March: “Heart On My Sleeve,” which masqueraded as a new collaboration between Drake and the Weeknd. At the time, a Universal Music spokesperson issued a statement saying that “stakeholders in the music ecosystem” have to choose “which side of history… to be on: the side of artists, fans and human creative expression, or on the side of deep fakes, fraud and denying artists their due compensation.”
“In our conversations with the labels, we heard that the artists are really pissed about this stuff,” Geraldo Ramos, co-founder and CEO of the music technology company Moises, told Billboard recently. (Moises has developed its own AI-driven voice-cloning technology, along with the technology to detect whether a song clones someone else’s voice.) “How do you protect that artist if you’re a label?” added Matt Henninger, Moises’ vp of sales and business development.
The answer is probably licensing: Develop a system in which artists who are fine with having their voices cloned clear those rights — in exchange for some sort of compensation — while those acts who are uncomfortable with being replicated by technology can opt out. Just as there is a legal framework in place that allows producers to sample 1970s soul, for example, by clearing both the master and publishing rights, in theory there could be some sort of framework through which producers obtain permission to clone a superstar’s voice.
AI-driven technology could “enable fans to pay their heroes the ultimate compliment through a new level of user-driven content,” Warner CEO Robert Kyncl told financial analysts this week. (“There are some [artists] that may not like it,” he continued, “and that’s totally fine.”)
On the same investor call, Kyncl also singled out “one of the first official and professionally AI-generated songs featuring a deceased artist, which came through our ADA Latin division:” A new Pedro Capmany track featuring AI-generated vocals from his father Jose, who died in 2001. “After analyzing hundreds of hours of interviews, acappellas, recorded songs, and live performances from Jose’s career, every nuance and pattern of his voice was modeled using AI and machine learning,” Kyncl explained.
After the music industry’s initial wave of alarm about AI, the conversation has shifted, according to Henninger. With widely accessible voice-cloning technology available, labels can’t really stop civilians from making fake songs accurately mimicking their artists’ vocals. But maybe there’s a way they can make money from all the replicants.
Henninger is starting to hearing different questions around the music industry. “How can [AI] be additive?” he asks. “How can it help revenue? How can it build someone’s brand?”
Reps for Universal and Warner did not respond to requests for comment.