guest column
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As a musician, educator, and author, I’ve spent the last few years examining AI’s challenges to the music ecosystem. But recently, after a comical misunderstanding on a U.S. podcast, I ended up playing devil’s advocate for the AI side of the AI and music equation. The experience was thought-provoking as I took on the role of an accidental AI evangelist, and I started to refocus on the question of, “Why are we fighting for ethical use of AI in music in the first place? What are the benefits, and are they worth the time and effort?”
As we hurtle from the now-quaint AI chatbot ChatGPT, to the expected text-to-video and text-to-music capabilities of GPT 5 (rumoured to drop in December), to Microsoft’s acknowledgment that AGI is feasible (artificial general intelligence, or a sentient AI being, or Skynet to be alarmist), to viral AI-generated hits with vocals in the style of Drake & The Weeknd and Bad Bunny & Rihanna, it can be easy to focus on the doom and gloom of AI. However, doing so does us a disservice, as it shifts the conversation from “how do we harness AI’s benefits ethically” to “how do we stop AI from destroying the world?” There are many, with a cheeky chappie nod to Ian Dury, “Reasons to Be Cheerful” (or at least not fearful) about music and AI. Here are nine reasons why we need to embrace it with guardrails, rather than throwing the baby out with the bathwater.
Fun: Yes, damn the ethics – temporarily. Generative AI technologies, which ingest content and then create new content based on those inputs, are incredibly fun. They tease and capture our curiosity, drawing us in. We might tell our employers that we use text-to-image services like DALL-E and Stable Diffusion or chat and search bots like ChatGPT and Jasper to optimise workflow to stay ahead of the technological curve, but they are also so seductively entertaining. Elementary AI prohibition won’t work; our solutions must be at least as stimulating as our challenges.
Time-saving: According to a survey by Water & Music, this is what music makers desire most. Many musicians spend countless hours managing social media accounts, wishing they could focus on music-making instead. AI solutions promise to grant that wish, allowing them to auto-generate text for social posts and announcements, and providing inspiration and potential starting points for new tracks, giving them the gift of time and helping them write, record, and release music more quickly. Let’s use automation wisely to free up musicians for their art and their economics.
Education: Despite dwindling funds for music education, technology offers new ways to make music accessible to everyone. Affordable AI tools can help students break through privileged barriers, providing access to personalised learning. I work with Ableton, which makes a variety of music production hardware and software. Successful initiatives such as the Ableton Push 1 campaign, which provided discounts to those who traded in their Push 1 midi controller and then refurbished and provided them for free to schools that needed them, demonstrate how digital tools can empower the economically marginalised, enable them to explore new musical styles and techniques, and nurture their passion for music.
Imperfect charm: AI’s imperfections and quirks make it endearing and relatable. AI’s unpredictable nature can lead to happy accidents and repurposing technologies for new musical uses. The fact that LMMs (large language models), which analyze huge swaths of text and then generate new text based on the patterns it learns, can be flawed retains a touch of human magic and humour in our interactions with them. Let’s enjoy this fleeting VHS fuzziness before it’s gone.
Affordable: Setting aside the environmental costs for a moment, AI has become exponentially accessible. AI allows creators to produce incredible results with basic tools. Last July, I purchased an expensive GPU-filled MacBook with dreams of making mind-blowing AI musical creations, but by September, I was doing just that using only my old phone’s browser. This so-called “democratisation” of music production can level the playing field for musicians worldwide, allowing more people to pursue their passion. Can we get it to increase their income too?
Tech Stacking: Experimenting with new combinations of generative AI APIs (application programming interfaces) opens up a world of DIY creativity. APIs are essentially pre-made functionality that developers can slot into their code easily, allowing them to focus on innovation rather than spending their time creating generative AI applications from scratch. This collision of technologies can encourage collaboration between musicians and developers, fostering a dynamic and innovative environment that crucially must be aligned with new licensing and rights payment models.
Elevated Chatter: As AI becomes more prevalent, the quality of conversations surrounding it has improved. People are starting to debate the legality of using copyrighted material to train AI, particularly in the music world, with a variety of strong arguments being made on behalf of human creators. In my research, I tried to address the complexities of AI in the music ecosystem, and now, I find these discussions happening everywhere, from John Oliver to barber shops. This elevated discourse can help us as a global industry make informed and necessarily swift decisions about AI’s role in our lives, better integrating its reasonably cheerful benefits and not being overwhelmed by its many chilling implications.
Inspiring the next generation: Introducing AI to young minds can be inspiring and terrifying. In my undergraduate module at Windmill Studios Dublin, I tasked students with inventing new music IP using existing cutting-edge technologies, with one rule of thumb: they could use a hologram but not bring someone back from the dead. Initially, I felt terrible about presenting such a potentially dystopian vision to young minds. But what happened next amazed me: all 40-odd students (from two classes) came up with outstanding commercial ideas. Their creativity and enthusiasm reminded me that the adage, “no one knows anything,” holds as true for music as it ever did.
Time to adapt: Perhaps the biggest reason to be cheerful at the moment, we still have enough time to address AI’s challenges. As Microsoft announces the “first sparks of AGI” and we face a saturated streaming market, we must work quickly together to ensure an equitable future for music makers. In my book, “Artificial Intelligence and Music Ecosystem,” my fellow contributors and I delve into the pressing issues surrounding AI, and now, more than ever, we need to take action to steer the course of music’s evolution. As AI continues to develop, it’s crucial for musicians, industry professionals, and policymakers to engage in open dialogue, collaborating to create a sustainable and equitable music ecosystem. Otherwise, what looks like Drake and sounds like Drake may not actually be Drake in the future.
The Human Artistry Campaign is the first step in this direction and interlinks with the concerns of MIT’s Max Tegmark’s “Pause Giant AI Experiments Open Letter” (which currently has 27,000+ signatures and called for a pause in the development of AI to give governments the chance to regulate it) for a big-vision picture. As we work together, we can ensure that AI serves as a tool for artistic growth and sustainability. But we must move fast and nurture things as AI’s growth is exponential. Do you remember back when ChatGPT was on the cutting edge of AI? Well, that was only five months ago, and we’re now talking about the possibility of sentience. That’s why I am working with some of the biggest companies in music and big tech to create AI:OK, a system to identify ethical stakeholders and help to create an equitable AI music ecosystem. If you are human and would like to help shape this future, it might be the most significant reason to be cheerful of all.
Dr. Martin Clancy, PhD is a musician, author, artist manager and AI expert. He is a founding member of Irish rock band In Tua Nua, chairs the IEEE Global AI Ethics Arts Committee, serves as an IRC Research Fellow at Trinity College Dublin, and authored the book Artificial Intelligence and Music Ecosystem. He also manages Irish singer Jack Lukeman and is a leading voice in advocating ethical use of AI in music.
Pick a lane. How many times have you heard that? For me, I’ve lost count. I’ve never been one for labels, boxes, or genre assignments. I feel that extends to every vertical of my life – down to how I live, work, love, and find joy.
In some ways, I took the whole “dances to the beat of my own drum” as far as I could. Just call me an Avril Lavigne lyric, because I am “anything but ordinary,” honey! Maybe that has stifled some of my success, but I would argue that it’s helped me more than it’s hurt me. I am resourceful, adaptable, resilient, and I relate to so many different human experiences – which in my line of work(s) has been nothing short of an asset.
For example I’ve been a songwriter for over 19 years professionally, a performer since the age of three, a major label signed artist at the age of 19, and I’ve worked behind the scenes as an industry professional since 2014. That being said, even as someone with years of professional experience it took me years to land a mid-to-senior level role working for a reputable music company. No one wanted to hire me, because I didn’t have a college degree and I never worked as a coordinator. For some reason that never applied to the men I used to tour with, but that’s a story for another day.
The question is… why aren’t we looking at future employees with a holistic viewpoint? Why are we assigning only one genre tag and then disregarding their potential because we can’t place them?
When I pitch music, the more metadata tags the better; I want to know the song can fit many opportunities, not just when all the stars align. Why are we afraid when a future teammate offers layers? Often in my interview process, I would get asked if “being an artist” was going to get in the way of my prospective job. It’s such an odd question to me, because as a freelancer most of my life was and is about time allocation. No one is more mindful of how I spend my time… than me. There’s also no one way to be an artist.
I see a lot of fear when it comes to hiring in the music industry. Hands-on experience in the creative music space is a huge asset and shouldn’t be looked at as a liability. Often, a potential employee goes to college, scores an internship, lands an assistant gig, and then shoots up the ladder… but they’ve never been to the factory. They don’t know how the product is made.
Here’s the thing – traditional music industry folk can’t empathize with the talent, because they have never lived it. They don’t speak the language.
When we don’t understand each other, can’t relate to each other’s experiences, and have no visibility in the day to day functions of each other’s jobs it can become a breeding ground for miscommunication.
Miscommunication is the enemy of progress and productivity aka the enemy of getting sh*t done.
Not to say there’s anything wrong with taking a traditional route to the top of the music business, but it shouldn’t be the only path and at the very least… go to the factory y’all!
When I received the opportunity to work for other companies (not just my own) – I jumped at it! To me, it’s just another tool in my arsenal. I had a front row seat to look into how the other side strategizes, rationalizes, moves mountains, and builds winning campaigns on behalf of their roster.
I got to hear the worst and the best from peers and senior executives that would have never kept it real with me as the talent/creative. I listened to everything intensely. What I heard motivated me to get to work. I saw how both sides need each other, that it’s a marriage and that marriage is rocky at best.
How do we save this union? Like anything in life… we seek to understand and we find better ways to communicate effectively. A strong tool I can offer you? Hire a former creative or active creator. Let them help fix what’s not working – they know how to. They’ve been small businesses for years. They’ve been on the road, they’ve had the odds stacked against them and they still got on that stage and SERVED. That’s someone I want on my team. The show must go on and they know how to deliver the goods.
As a songwriter I listen, internalize, and then externalize. I aim to understand and have others find themselves in the work. I create. I am a little big problem solver, so why would this be any different in behind the scenes business?
Open up your doors to creators and allow them to bring the positive tension this industry desperately needs. We only grow when we allow ourselves to be uncomfortable, so embrace the fear.
Creatives are builders, let them build. They may show up with big dreams, but they’re going to have the know-how to see it through. Give them a chance to bring home the bacon. They’ve been singing for their (YOUR) supper anyways, now let them sit at the table.
Jessica Vaughn is the head of sync at Venice Music and president of Head Bitch Music. Before breaking into the business side of the industry, Jessica began her career as an artist under the name Charlotte Sometimes, releasing a debut album on Geffen Records and later appearing on season 2 of NBC’s hit series The Voice.
During my first visit to New Orleans for Jazz Fest many years ago, I experienced a profound moment that changed everything for me. The best way to describe it would be the sensation of deja-vu; like I had been here before, or more specifically that I had returned “home.” That day, the city spoke to me, and thankfully I heeded the call.
Shortly after that auspicious Jazz Fest, New Orleans became my home, and I’ve worked in the music industry here since then — at WWOZ, at Tipitina’s, in the classrooms of Tulane and with so many of our city’s talented artists. This city has provided me with a sense of purpose, a feeling of belonging, and a community of like-minded folks who share the same passion for music. It’s also given me the foundation for a meaningful life.
But the same elements that spoke so deeply to me — our rich cultural heritage and vibrant music scene — often go hand-in-hand with the city’s reputation for partying. It’s a story with which the music industry, my industry, is all too familiar, and one that often leads to addiction.
Addiction is a particularly serious issue in the music world. A 2020 study by Tulane’s Graduate School of Social Work paints a staggering picture: 56% of music industry professionals cite problematic substance use, and 80% met the cut-off for serious or moderate mental health concerns — both far above any national average.
Bill Taylor
Singer-songwriter Anders Osbourne, my good friend who helped me find the path to sobriety after I bottomed out with drugs and alcohol, had an idea about how to tackle this within the music industry. Together, we created “Send Me A Friend,” a national network of sober individuals who were “on call” to support struggling musicians and industry professionals at their gigs.
The effort was an overnight success, with more people asking for help and wanting to volunteer than we could handle. Anders and I wondered what it would take to create a cultural shift so that sobriety was embraced, supported and celebrated on a larger scale?
Our vision is shared by The Phoenix, a national sober community that embraces connection through a shared, active lifestyle that enhances and helps maintain each other’s recovery journeys. During the pandemic, we joined forces with them with a mission of creating sober-supportive change in the music space.
Today, we’re blown away to see how this movement has progressed all the way to a New Orleans institution: JazzFest. This year, I’ll be there alongside The Phoenix and Stand Together Foundation at the 1 Million Strong Wellness Retreat, a sober-supportive wellness lounge where festival attendees can relax between sets, enjoy mocktail happy hours and meet up with people in recovery and others to catch performances together.
And this isn’t about making the festival sober. It’s about giving people an opportunity to bring their whole selves to the festival, free of shame and fear. Together, we can transform the way people think about addiction by supporting new ways for sober fans to enjoy shows, ensuring touring musicians and crews have access to resources on the road, and engaging in conversations about sobriety that are free from shame and stigma and full of possibilities.
I’m proud of how far we’ve come in changing the way we approach recovery and sobriety, turning it into a celebration of inclusivity and togetherness. At this year’s Jazz Fest, we’ll continue to change the landscape not only for those who work in the music industry, but also for our audience members who want a way to engage and enjoy all this beautiful city has to offer while feeling safe, supported, and connected.
Bill Taylor is the director of music programs and strategy at The Phoenix, where he leads music activations all over the country and works with the Stand Together team on the 1 Million Strong campaign.
As a kid, I dreamed of being a unicorn. Now that I am one, I recognize I’m just one of the herd. When I gaze at festival lineups, skirt cables backstage, log onto Zoom meetings with labels or give the post-COVID elbow bump before settling down for an in-person, women are still scarce. We make up a fraction of the music industry, both in presence and recognition. However, we are here and always have been.
The world of jazz is a microcosm within the industry, but it mirrors the greater whole. While the majority of celebrated titans are men, the smattering of women in the pantheon are often finely coiffed, smiling behind mics and backed by an entirely male band. However, people need to take a closer look. For example, Louis Armstrong wouldn’t be an international icon without wife Lillian ‘Lil’ Hardin Armstrong. She was a celebrated pianist, composer/arranger, bandleader and singer in her own right long before taking Louis under her wing. Yet, few know her name.
There are countless other women in front of and behind the scenes who remain obscured, despite the valuable contributions they’ve made to the music and business. How do we bring the overlooked to center stage and expand the spotlight? Enter Grammy- and Tony Award-winning singer-songwriter-actress Dee Dee Bridgewater and The Woodshed Network.
Bridgewater launched this artists residency in 2019 with me as co-artistic director and program curator. We‘re steadily building community, providing support and educating cohorts of women in jazz. The annual 10-day program (Feb. 27-March 10 this year) is bolstered by a who’s who of women executives, creatives and legends including Sheila E., Lizz Wright, Regina Carter, Maria Schneider and more. Alumnae are busy topping charts (Lakecia Benjamin’s “Phoenix”), releasing albums (Candice Hoyes’ “Nite Bjuti”) and winning Grammys for arrangements and compositions (Marta Sanchez’s “Unchanged” on Terri Lyne Carrington’s New Standards. Vol. 1).
However, this is just one piece of a very large puzzle. Before you can hold space, you have to create it. The most enduring line from the 1989 movie Field of Dreams can be applied to jazz and the industry more broadly: “If you build it, (s)he will come.” Across the world, various programs are creating spaces for women in all sectors of the industry … and women are joining in droves.
Here are a few tangible examples of those fields plus several accompanying myths that spring to mind. So let’s get down to busting those myths, shall we?
Myth 1: There are no women sound engineers.
Women may make up only 2.1% of engineers, but they’re flipping all the right switches and turning award-winning knobs. Examples: Woodshed mentors Jett Galindoand Grammy winner Jaclyn “Jackie Boom” Sanchez. This dynamic duo has been with the program since its launch, breaking down process, equipment and production in all formats from recording to release. Organizations like Women in Vinyl, SoundGirls and Women’s Audio Mission are also training, supporting and getting gigs for women in sound recording, mixing and mastering.
Myth 2: No women run labels or produce music.
Betty Carter launched BetCar Records in 1970. Dee Dee Bridgewater launched DDB Records in 2006. Jazzmeia Horn launched Empress Legacy Records in 2020. Lizz Wright launched Blues & Greens Records in 2022. All produce and release projects on their own labels with distributors. Some 15% of women in the industry overall run labels, while even fewer produce their own material at 2.6%. Throw in songwriting and they figure into that 12.5%. These are just four examples among countless others.
Myth 3: People don’t care about jazz.
Tell that to the Nice Jazz Festival (founded in 1948, France), Monterey Jazz Festival (f. 1957, USA), Festival International de Jazz de Montreal (f. 1959, Canada), Montreux (f. 1967) and New Orleans & Jazz Heritage Festival (f. 1970). They’re all going strong. Globally, jazz is one of the most sought-after genres. Ella Fitzgerald said it best: “Music is the universal language.” Yet, when you turn up to one of these festivals, only 14% of the headliners are women.
Considering that women comprise over 49% of the world’s population, influence more than 80% of purchases and are set to hold 66% of consumer wealth in the coming years, this is not a demographic to ignore.
Something is amiss.
So how do we fix it?
1. Start at the beginning organizationally and include women.
When Woodshed took the Keychange pledge (the global campaign committed to gender equality in the music industry), we realized that we’d already surpassed the goal line. Women make up 90% of our team and 100% of our mentees, mentors and speakers. We have precisely zero problems finding leaders in every category and facet of the music industry who are women. There is so much pent-up desire to mentor and pay it forward that we have a year’s-long list of women who have approached Woodshed to participate on both sides of the table.
2. Make larger tables and bring folding chairs.
When organizations make it central to their mission to include women, not for tokenism, but in acknowledgment of their contributions, experience and expertise, they’re stronger for it. Echo chambers may be good for vocal effects, but they’re terrible for healthy businesses and communities. A quick internet search yields pages of results for women in various fields of the music industry. Let your fingers do the walking and hire more women in all positions. It’s not a capitulation, it’s a sound investment in your organization’s future.
3. Free the unicorns.
Once individuals and organizations take stock of their own houses, they can look outward to the community. The ripple effect is positive in all aspects. By creating, maintaining and ensuring the health of spaces inclusive of and specifically for women, The Woodshed Network is investing in the future. A thriving jazz community fosters dynamic exchanges of ideas and, in its highest form, democracy. Women belong on the bandstand, behind the scenes, and in C-suites. We’re providing support, resources, visibility … and space. What will you do? It’s time to crossfade into the thundering hooves of unicorns.
Tulani Bridgewater-Kowalski is the founder and president of Bridgewater Artists Management and co-artistic director and program curator of The Woodshed Network.
Sources: USC Annenberg Inclusion Initiative’s “Inclusion in the Recording Studio?” by Dr. Stacy L. Smith, Dr. Katherine Pieper, Hannah Clark, Ariana Case & Marc Choueiti, Jan. 2020. Berklee Institute for Creative Entrepreneurship’s “Women in the U.S. Music Industry: Obstacles and Opportunities” by Becky Prior, Erin Barra, Sharon Kramer, Ph.D. “Music Festivals’ Glaring Woman Problem” by Alanna Vagianos, Huffington Post. “Tracking the Gender Balance of This Year’s Music Festival Lineups” by Rob Mitchum and Diego Garcia-Olano, Pitchfork. Keychange PRS Foundation’s “Keychange Manifesto: Recommendations for a gender-balanced music industry”; designed by Ian Robson and Infographics by Jon Stanbrook.
Generative AI is hot right now. Over the last several years, music artists and labels have opened up to the idea of AI as an exciting new tool. Yet when Dall-E 2, Midjourney and GPT-3 opened up to the public, the fear that AI would render artists obsolete came roaring back.
I am here from the world of generative AI with a message: We come in peace. And music and AI can work together to address one of society’s ongoing crises: mental wellness.
While AI can already create visual art and text that are quite convincing versions of their human-made originals, it’s not quite there for music. AI music might be fine for soundtracking UGC videos and ads. But clearly we can do much better with AI and music.
There’s one music category where AI can help solve actual problems and open new revenue streams for everyone, from music labels, to artists, to DSPs. It’s the functional sound market. Largely overlooked and very lucrative, the functional sound market has been steadily growing over the past 10 years, as a societal need for music to heal increases across the globe.
Sound is powerful. It’s the easiest way to control your environment. Sound can change your mood, trigger a memory, or lull you to sleep. It can make you buy more or make you run in terror (think about the music played in stores intentionally to facilitate purchasing behavior or the sound of alarms and sirens). Every day, hundreds of millions of people are self-medicating with sound. If you look at the top 10 most popular playlists at any major streaming service, you’ll see at least 3-4 “functional” playlists: meditation, studying, reading, relaxation, focus, sleep, and so on.
This is the market UMG chief Sir Lucian Grainge singled out in his annual staff memo earlier this year. He’s not wrong: DSPs are swarmed with playlists consisting of dishwasher sounds and white noise, which divert revenue and attention from music artists. Functional sound is a vast ocean of content with no clear leader or even a clear product.
The nuance here is that the way people consume functional sound is fundamentally different from the way they consume traditional music. When someone tunes into a sleep playlist, they care first and foremost if it works. They want it to help them fall asleep, as fast as possible. It’s counterintuitive to listen to your favorite artist when you’re trying to go to sleep (or focus, study, read, meditate). Most artist-driven music is not scientifically engineered to put you into a desired cognitive state. It’s designed to hold your attention or express some emotion or truth the artist holds dear. That’s why ambient music — which, as Brian Eno put it, is as ignorable as it is interesting — had its renaissance moment a few years ago, arguably propelled by the mental health crisis.
How can AI help music artists and labels win back market share from white noise and dishwasher sounds playlists? Imagine that your favorite music exists in two forms: the songs and albums that you know and love, and a functional soundscape version that you can sleep, focus, or relax to. The soundscape version is produced by feeding the source stems from the album or song into a neuroscience-informed Generative AI engine. The stems are processed, multiplied, spliced together and overlaid with FX, birthing a functional soundscape built from the DNA of your favorite music. This is when consumers finally have a choice: fall asleep or study/read/focus to a no-name white-noise playlist, or do it with a scientifically engineered functional soundscape version of their favorite music.
This is how Generative AI can create new revenue streams for all agents of the music industry, today: music labels win a piece of the the market with differentiated functional content built from their catalog; artists expand their music universe, connect with their audience in new and meaningful ways, and extend the shelf life to their material; DSPs get ample, quality-controlled content that increases engagement. Once listeners find sounds that achieve their goals, they often stick with them. For example, Wind Down, James Blake’s sleep soundscape album, shows a 50% listener retention in its seventh month after release. This shows that, when done right, functional sound has an incredibly long shelf life.
This win-win-win future is already here. By combining art, generative AI technology and science, plus business structures that enable such deals, we can transform amazing artist-driven sounds into healing soundscapes that listeners crave. In an age that yearns for calm, clarity, and better mental health, we can utilize AI to create new music formats that rights holders can embrace and listeners can appreciate. It promises AI-powered music that not only sounds good, but improves people’s lives, and supports artists. This is how you ride the functional music wave and create something listeners will find real value in and keep coming back to. Do not be afraid. Work with us. Embrace the future.
Oleg Stavitsky is co-founder and CEO of Endel, a sound wellness company that utilizes generative AI and science-backed research.
To clear up questions about the copyrightability of AI in music, the U.S. Copyright Office (USCO) recently signaled that copyrighting songs is about to get a lot more complicated.
Last week the USCO released guidance on the copyright-ability of works made using AI, saying that a work that is a combination of both AI generation and human creation can be eligible for copyright protection, with any purely AI made portions carved out. Essentially, it takes the position that copyright only extends to the portions of the work that are attributable to human authorship.
This sounds logical however often such clear boundaries do not exist in music. The USCO acknowledges this by leaving space for copyrighting AI-generated content if it gave form to an author’s “original mental conception,” as opposed to being a purely “mechanical reproduction.”
Giving form to an idea is something songwriters are familiar with. Whether for writer’s block, inspiration, or organization, many if not most current creators use some form of AI tools to a certain extent, and how that informs their process often is not clearly defined.
To address this, the policy caveat is that the copyrightability of any given work will depend on its specific circumstances and will need to be determined on a case-by-case basis. It’s worth noting copyright does not protect ideas, only expression, and these distinctions will no doubt be complex when addressed in practice. Specifically, it states,
“This policy does not mean that technological tools cannot be part of the creative process. Authors have long used such tools to create their works or to recast, transform, or adapt their expressive authorship. For example, a visual artist who uses Adobe Photoshop to edit an image remains the author of the modified image, and a musical artist may use effects such as guitar pedals when creating a sound recording. In each case, what matters is the extent to which the human had creative control over the work’s expression and ‘‘actually formed’’ the traditional elements of authorship.”
The USCO has been engaging with the relevant parties on this topic for some time, and there is great pressure to chart the path on AI as platforms become increasing advanced. Across the art world, AI is already pushing boundaries.
This most recent policy guidance also likely was prompted by a pending lawsuit on the question of whether any human authorship is required for copyrightability. The case was brought against the Copyright Office by an AI developer whose registration for a visual work of art was rejected since he listed AI as the author.
The lawsuit argues that the Copyright Act does not require human authorship. While it is true that the Copyright Act does not explicitly include the word human authorship and instead refers to “original works of authorship,” the Copyright Office’s decision not to grant the copyright is bolstered by decades of caselaw that interpret “author” to mean “human.” A few years ago a selfie taken by a monkey was deemed ineligible for copyright protection on the basis that the monkey was not a human author.
The USCO has authority to prescribe application requirements and to “establish regulations not inconsistent with law for the administration of the functions and duties made the responsibility of the Register.” (17 U.S.C. 702). However, the Copyright Office will be subject to the courts ruling on this case.
As far as the current rule limiting copyrightability to human expression goes, the exact amount of human involvement necessary to merit copyright protection in a work created using AI remains to be seen. This untested line raises significant questions for the music industry and the foreseeable future of AI-assisted songwriting.
The primary example we have from the Copyright Office is fairly straightforward, however it is not a song. An author submitted an application for registration of a comic book where the text was written by the human author but the images were generated by AI, through a tool called Midjourney.
The Copyright Office determined that while the work was copyrightable, the copyright only extended to the human-authored text, and to the human authorship involved in the selection and arrangement of the images but did not extend to the AI-generated images themselves.
Clearly a comic book allows for easy differentiation between images and text. That may be analogous to, for example, a melody created purely by AI combined with lyrics created purely by a human or vice versa. In cases like this, foreseeable questions would arise around remixing and sampling—is it fair game to remix and sample portions of a song that were created by AI and excluded from copyright protection?
While it’s easier to discern how the Copyright Office will rule on some hypotheticals, it’s extremely unclear how these lines will be drawn when the human and AI contributions are more intertwined.
AI is often used as a collaborative partner in the creative process. For example, a human songwriter might use an AI tool to generate a midi file containing a few bars of melody, or a text-generator to suggest few stanzas of lyrics, and then substantially edit and revise the AI-generated content and combine it with entirely original lines and melodies from their own imagination.
In that situation, it is unclear how the Copyright Office would begin to distinguish between the human authorship and AI authorship involved. At what point, if any, of editing and changing lyrics generated by AI would they become lyrics generated by a person? What determines significant enough change to be considered original? How will registrars investigate these questions when reviewing a copyright application? The USCO advises,
“applicants have a duty to disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author’s contributions to the work. As contemplated by the Copyright Act, such disclosures are ‘‘information regarded by the Register of Copyrights as bearing upon the preparation or identification of the work or the existence, ownership, or duration of the copyright.’”
It’s clear how copyright registration could immediately become more complicated and time consuming with these new considerations. One must question whether the USCO has the manpower and resources to take on what is in some ways an entirely new evaluation process for any registrations involving AI.
And aside from registration, these big questions will shape future licensing practices—is a license for a work that is only partially copyrightable worth the same as a license for a fully copyrighted work? What about a work that doesn’t have enough human contribution and doesn’t receive copyright protection—is it free to use, or stream? How will this affect royalty administration?
Beyond the ability to differentiate what is AI and what is human created, there are even larger questions looming around this space. AI works by continually ingesting, or copying, works across the Internet to “teach” its platform to create. To what extent does ingestion need to be generally licensed?
Whether they like it or not, the work of human creators is essentially “training” the computer programs trying to replace them, or some would argue, assist them. AI will continue to be integrated into the creative process, and in an era where the value of human-created music continues to be challenged, it is crucial that the music industry decides how to approach these issues in a way that ultimately ensures the long-term value and quality of human-made songs. After all, there would be no AI generated music without them.
David Israelite is the President & CEO of the National Music Publishers’ Association (NMPA). NMPA is the trade association representing American music publishers and their songwriting partners.
It is time for all music industry professional to reflect on the ways in which our industry has perpetuated a system that benefits a select few at the expense of marginalized communities. It is time for us to embrace a new paradigm, one that values skill and merit over relationships and aristocratic privilege.
In today’s rapidly changing world, the music industry finds itself on the brink of disruption. We must recognize that our long-standing history of exploiting disenfranchised groups is incompatible with our espoused values of social justice and inclusivity. The hesitance to be proactive and embrace change is no longer acceptable. The data clearly shows the consequences of our delayed reaction. We must act now to ensure that the pendulum swings in the right direction.
Our participation in an aristocracy-based system allows white men with access to rights ownership to hijack black and brown stories. This approach is no longer effective in today’s music economy. As independent artist services have grown, ownership has increasingly been placed in the hands of artists, and a focus on “artist-preneurship” has emerged. This growth in the independent sector has led to decentralized systems that cut out middlemen and gatekeepers, promoting transparency and accountability.
We must recognize that the music industry is no longer a playground for profit-driven oligarchs who lack leadership skills and contribute to revolving door politics, loss of job fulfillment, and opportunities. In every other industry, a minimum level of skill, education, or experience is required to advance. It is essential to evaluate how the music industry holds its leaders accountable.
Aristocracy drives a wedge between culture and progression, and limited access to BIPOC at both the creative and executive levels makes the industry slow to change, perpetuating a “boys club” culture. The top 1% of the industry often rely on DEI consultants to meet an “optics quota,” promoting performative change rather than real progress. We must recognize that diversity and inclusion are not just buzzwords. They are essential for driving revenue and ensuring long-term success.
The statistics show that black and brown stories are highly valued in the music industry, with 48% of all artists being from underrepresented groups and Hip-Hop and R&B being the top-streamed genres. By embracing diversity and promoting inclusion, the industry can tap into a vast market of music consumers who are eager to hear authentic and diverse voices. It is not only the right thing to do, but it is also a sound business strategy that can result in increased revenue and success for music companies.
Despite the economic disadvantages they face, women of color are a value add, possessing a strong educational background, resourcefulness, and fundamental understanding of the music business. In producing the first research study on intersectionality in the music business, ‘A Seat at the Table: A Perspective on Women of Color in the Music Business’ (2022), we found that 87% of all WOC in the music biz have earned at least a Bachelor’s or higher degree of education, yet they remain the most underpaid demographic. The majority of WOC in the music business enter into student loan debt, while also entering into the music business via unpaid internships. Over 86% were hired without direct relationships or industry connections. Imagine how much progress would be made if resources were properly invested.
Therefore, I urge us all to shift from an aristocratic hierarchy to a meritocratic one. By valuing skill and merit over relationships and privilege, we can ensure true diversity, equity and inclusion in the music industry. We must commit to deliberate action, such as hiring more BIPOC at the senior level, committing to paid internships, and funding black-owned music businesses. These steps are crucial towards creating a more equitable and profitable music industry.
Let us embrace the future with open hearts and minds, committed to creating a music industry that is truly inclusive and reflects the diversity of our world.
Janishia Jones is the CEO and founder of Fresh N Sassy Productions. Earlier this year, she launched the music tech consultancy company ENCORE Music Tech Solutions.
Dry January seems like it’s everywhere, doesn’t it? At the top of every new year, the subject dominates social media posts and conversations with friends over mocktails. In 2022, an estimated 35% of Americans abstained from alcohol for the month of January — an increase from 21% in 2019.
After Dry January is over, many people will pour a drink in celebration of their achievement, while others may choose to make abstaining from alcohol a more permanent lifestyle. But for many Americans, the problem of addiction is more serious. More than 14 million adults in the United States have alcohol use disorder, and each year, we lose nearly 100,000 people to alcohol-related causes.
The music industry — known for “sex, drugs, and rock ‘n’ roll” — is among those hardest hit. A 2020 research project involving Tulane University found that a staggering 56% of music industry professionals cite problematic substance use. And we’re all familiar with the countless stories of artists who have tragically lost their lives or felt like they couldn’t return to the stage as they battled their addiction.
Now, the music industry is beginning to take the lead in supporting people in addiction recovery through community and empowerment, with musicians, fans, industry executives and crew showing what’s possible with innovative new solutions that go beyond the traditional recovery model.
Sadly, conventional approaches to addiction are not solving the problem at the same pace it’s growing. Despite the best of intentions, these traditional approaches can lead to feelings of shame and exclusion; many people in recovery say treatment programs can be too much sitting around and talking about their weaknesses. They can also feel isolating, and loneliness is one of the worst problems someone struggling with addiction can face. Because of this, there’s a negative stigma surrounding people in recovery.
But Dry January shows us something different. Instead of fostering isolation, it creates community, and it feels empowering because “everybody’s doing it,” It’s also inclusive of people who have challenges with substance use as well as those who don’t. There’s no demarcation: “We’re all in this together.” You feel freer to plan fun, sober activities with others. And whether you’re out socially or at a work event, you don’t have to make excuses for not drinking. People openly share how good they feel and how they’re gaining from it, not what they’re giving up.
It begs the question: What if this was how we supported people in recovery all year round? In music, at least, it’s a question that’s now being answered by a number of artists, companies and organizations.
The Warped Tour provided mental health and sobriety support on the road throughout, including bringing along a sober coach as a guide to artists and crew in recovery. This not only allowed the tour to help those who were trying to stay sober but also offered services to those whose habits were starting to affect their well-being before it became a larger issue.
Last year, Danny Wimmer Presents joined forces with 1 Million Strong, an initiative driven by Stand Together and The Phoenix (one of the most innovative recovery programs in the country) to create sober-supportive spaces or “wellness retreats” — for people in recovery and others — at last year’s Bourbon & Beyond Festival and the Louder Than Life Festival. In October, The Chainsmokers did the same at their concert at UC Berkeley’s Greek Theater.
This isn’t about turning the industry sober. It’s about giving people a better path to truly living in recovery so they can bring their best selves to music — allowing everyone to benefit from their unique contributions.
It’s clear that people across the music industry see the urgent need for something new. And perhaps it’s not surprising to see how the industry is uniquely able to offer it.
Just like the best aspects of Dry January, perhaps there’s no greater force on Earth than music at fighting isolation with community, overcoming shame by tapping into inner strength and beating stigma with self-expression and pride.
Colette Weintraub is the head of Stand Together Music, working alongside the music industry to co-create solutions around addiction recovery, education, free speech, and ending the war on drugs.
Kevin Lyman, best known as the creator of the Vans Warped Tour, has shaped youth culture for over 40 years with his award-winning expertise in the music and entertainment industry as well as business and philanthropic ventures.
We must do more to protect Black women in our culture.
Following recent remarks against Rihanna and the multitude of abuse Megan Thee Stallion has faced, it behooves me to speak up about the gross misogynistic, catty attitudes that these — and so many other — women deal with regularly. Women are being exploited in the social media vacuum, and Black women in particular are being besieged across the internet, television and the real world. Worst of all, they are being and demeaned by Black men. What kind of brothers are we to treat our sisters this way?
Black women often experience different forms of hatred disguised as an opinion. Let’s take the most recent camouflage of what ESPN loudmouth Stephen A. Smith said about the icon Ms. Rihanna Fenty. Her sincere supporters and dedicated fans have been waiting over six years for her to return to music, yet when Smith was on TV and asked about Rihanna returning and performing at the Super Bowl, he felt compelled to answer such a softball question with an unwarranted comparison: “She ain’t Beyoncé.”
This was a cowardly action. It was done in very poor taste with no type of decorum, blatantly disrespecting Ms. Rihanna as she preps for the Super Bowl halftime show — the biggest stage in the world. She and Beyoncé are both iconic in their own right. So why the need to compare these Black female artists and entrepreneurs? Who wastes their breath debating whether Michael Jackson is better than Prince? They are two different artists, but equally pop culture icons.
Smith later tried to clean up his mess with an apology. But his statement of disrespect is cemented on the internet, while too many of us have already moved on. Even if we do not forgive, we should not be so quick to forget. There are a lot of cowards who hide behind their platforms and feel compelled to say something — anything — to stay relevant. So, they come at our Black women with no regard for their feelings or significance to our culture. But what about the rest of us? What’s being done to curb such behavior? Why is it that Black men are mostly saying and doing nothing? It’s unbelievable.
Consider also Megan The Stallion, who was forced to face malicious attacks against her character and her truth that she was shot — all while she herself was trying to digest and process the whole trauma. Megan has been forced to endure hatred and vicious ridicule. All of this could have easily coerced her into staying silent — a form of violence in itself. Sadly, here’s another example of a Black woman who wasn’t protected or supported by the multitude of real Black men. That is unequivocally egregious and unacceptable.
Social media has connected us but also disconnected us from life in a vain, disruptive and distracted way. It’s The Matrix and we can’t unplug. If you’re not on social media, you are uninformed; if you are on social media, you’re misinformed! Whether it’s in the comments section or people speaking out on their own, the most profound direct attacks are often targeted at Black women. As if Black women have not been to hell and back already. We need to celebrate and protect our Black women at all costs. Yet Black men with a voice or platform deliberately go out of their way to demean them. Wading through all the attacks, buffoonery and coonery is exhausting and demoralizing. What’s happening to Black power and pride?
We must eradicate all this hatred and torture and it’s imperative that we step up to improve cultural conditions for not just high-profile celebrities but all Black women. Such demeaning and hatred can spark real-life violence. In 2020, five Black women and girls were murdered every day in the United States, according to an investigation by The Guardian released last summer. Beyond physical violence, these women’s mental health also must be preserved.
Black women have been and still are fighting for themselves. The rest of us — particularly Black men — however, need to step up and join them. Let’s show how unacceptable this kind of behavior is: Empower and support the positive female voices out there, and next time Stephen A. Smith or another like him baselessly degrades our women, those of us with a platform of influence ought to speak up, hold him responsible and make him take accountability. We do it four our Black mothers, our Black wives, our Black daughters, our Black friends and we do it for ourselves. Because, by doing so, we will be protecting our culture as well.
Ameer Sudan is CEO/chairman of Silvaback Productions, Silvaback Management and Hitnation Publishing. He is also a strategic mogul adviser to clients in the entertainment industry.
Lincoln said, “A house divided against itself cannot stand.” It was true then and it’s true today — on great issues like politics and governance and, closer to home, for America’s music community.
We know the costs of division and mistrust. During the Napster era, we lost nearly half the revenue from recorded music. Working together over the last 10 years, we’ve built a robust and thriving streaming economy well on its way to recovering what was lost. But we still have a long way to go.
From powerful platforms that undervalue music to short-sighted attacks on creators’ rights around the world to abuses of new technologies that attack the very idea of human authorship — it’s more important than ever that we unite to face new challenges in 2023 and beyond.
And we know how to do it.
In recent years, the music industry has joined together over and over again to accomplish great things and move music forward.
In 2018, we enacted “once-in-a-generation” Music Modernization Act legislation here in the U.S. to update streaming rights for songwriters and ensure legacy artists are finally paid. We are now working together to protect artists’ free expression through bills like California’s Decriminalizing Artistic Expression Act and the federal RAP Act.
In 2021, we saw a landmark Copyright Directive in the European Union to strengthen music markets and fair pay for artists on all platforms.
Earlier this year, all three major record labels decided to voluntarily disregard unrecouped balances owed by certain legacy performers ensuring these great artists could immediately share in streaming royalties.
And of course, we supported one another through a devastating pandemic, working to sustain small venues and develop public policies and relief programs to reach working artists and songwriters.
Those were all major steps, but new challenges keep coming — including some designed to stoke division and turn our community against itself. Fortunately, we know from our many recent achievements that the music community — and music itself — does best when we stick together in the face of common challenges. Especially at a time when American music is already thriving — across formats, styles, and all around the world with competition, creativity and choice all stronger than ever.
Artists continued to find new ways to reach more fans than ever with do-it-yourself recording and distribution, while independent labels have become the fastest-growing sector of the market. In a shrinking online world where language and geography are no longer barriers, an artist’s potential audience has become almost limitless.
In this dynamic new music business, success is more broadly shared than ever, with growing opportunities and revenues for indie artists and the very top acts taking a smaller share of revenues today than during the CD era. Globally, out of a $10 per month streaming subscription, artists receive roughly $1.35 while labels net $0.55 once the cost of spending to drive artists’ success is accounted for. Meanwhile, the share of revenues going to publishers and songwriters has nearly doubled in the streaming era.
It’s a powerful testament to what all of us who make up the music community have built together.
It is success borne first from the blood, sweat and tears of America’s creators — artists, songwriters, session players and the legions of those who support and distribute music — producers, publishers, road crews and venue operators, tour support, managers, digital services and more.
It is also the product of round-the-clock drive and commitment by the people working at record labels– music lovers who wake up every day fighting for the artists they work with and helping them achieve their creative dreams and commercial goals. From marketing and promotion to brand and design to social media campaigns to wellness and health to business and back office services, labels today do more than ever to support artists and position them to break new ground and thrive.
The labels that make up the RIAA are committed to a future of continued shared growth. We are determined to keep pushing for even more positive change. And we will work every day in this new year to unite our music community with forward-looking policies and goals that benefit artists, songwriters and fans as well as rightsholders and music services.
That means standing together and ensuring creators get full value for their work on every platform, service, game, fitness app and anywhere else it is used — from AM/FM radio to the metaverse. It also means building on shared commitments to diversity, wellness, and equality — both inside and outside the recording studio and across our entire community.
Additionally, it means presenting a united front when tackling the next generation of challenges, including artificial intelligence, where artists, songwriters, labels and publishers have an immense and shared interest in establishing responsible rules of the road that value human authorship and creativity. Also important is fighting against new forms of music piracy and other efforts to undermine the creative economy, from stream ripping to stream manipulation to pre-release leaks that suck the economic value out of the most seminal times in an artist’s career.
All of us who make up this community are bound together by a shared love of music — and a shared commitment to the people who create, distribute, and listen to it.
In 2023, let’s work — together — to turn those values into concrete action that builds a rich and lasting music future for us all.
Mitch Glazier is the Chairman and CEO of the Recording Industry Association of America (RIAA), the trade organization that supports and promotes the creative and financial vitality of the recorded major music companies.