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production music

Johnson & Johnson is facing a lawsuit that accuses the pharma giant of “rampant infringement” of copyrighted instrumental music in YouTube and Facebook videos.
In a complaint filed last week in Los Angeles federal court, Associated Production Music (APM) claims that J&J released nearly 80 different internet videos featuring unlicensed “production music” — an industry term for stock tracks created for use in videos, podcasts and other content.

“At no point did defendant ever obtain APM’s license, authorization, or consent to synchronize the Recordings with the Videos,” the company’s lawyers write. “Moreover, despite being repeatedly contacted by APM regarding Defendant’s unlicensed uses of the Recordings, Defendant has refused to obtain proper licenses or admit wrongdoing.”

APM, a joint venture of Sony Music Publishing and Universal Music Publishing, describes itself as the top purveyor of production music in the country, controlling huge libraries of songs that have appeared in TV shows (Stranger Things, Game of Thrones and Spongebob Squarepants), movies (Lady Bird, The Shape of Water and The Big Sick) and video games (Call of Duty: Infinite Warfare and MLB: The Show). One particularly notable APM song is “Heavy Action,” the theme to Monday Night Football.

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Earlier this year, APM says it discovered that J&J had been using the company’s songs without permission. The lawsuit lists out 79 different videos featuring 30 different APM songs, like a YouTube video posted by J&J in May 2021 called “Nurse Leaders Disrupting Healthcare.” The video, which features an upbeat instrumental track behind narration, allegedly used an APM track called “Driving Inspiration” without securing a license.

The lawsuit is light on details, and it’s unclear how a sophisticated company came to release dozens of videos without securing licenses for the music. A representative for J&J did not immediately return a request for comment on the allegations.

Though the songs in question are hardly Hot 100 hits, intentionally using them without a license would still be a costly decision for J&J. Under federal copyright law, a judge can award as much as $150,000 per song infringed if a defendant acted willfully — nearly $12 million for all the songs involved.

Around the time that ChatGPT was first released to the public, Alex Bestall, CEO of Rightsify, a music production library, discovered that he was sitting on a new, lucrative business opportunity. “I realized all the songs and all the metadata we have around the songs had a lot of value for AI,” he says. “It was a pretty quick and easy choice for us to license our library out.” 
Hundreds of thousands — if not millions — of songs or other musical content are needed to train a competitive AI model to generate music. Though a number of AI companies believe they don’t need to pay for the music that their models train on, citing “fair use,” others have taken a more musician-friendly approach by paying artists and rights holders when using their music to train AI models. 

On the surface, the AI industry seems like a perfect new customer for music production libraries — affordable, pre-cleared catalogs of songs in a variety of styles. Historically, production music has been popular among advertisers, social media creators, podcasters and low-budget film and TV producers who need music to soundtrack their creations but lack the time or money to license big-name hits, which often have multiple rights holders and hefty fees. As use cases for production music have grown, so has that sector of the publishing business. As of 2022, MIDiA Research says production music is worth about $1 billion across recorded music and publishing combined. 

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While many artists’ rights advocates consider licensing songs to be the “ethical” way to train an AI music model, it still poses a legitimate threat to the existing music business: “Once the [licensing transaction] is made, that model is going to end up totally competing with you for the same customers,” says Antony Demekin, CEO of Tuney, an AI music company that makes songs intended for social media creators and podcasters. “Over time this could degrade your whole business if you’re not careful about the deal you make.”

No standard contract exists for the licensing of production music for AI training. Despite the long-term risks, Bestall says he has licensed his back catalog to multiple AI companies. (Non-disclosure agreements prevent him from revealing which ones.) “Usually we license our back catalog and then we have an ongoing commitment to deliver a certain amount of music over the next two or three years of the agreement,” he says. 

In the short term, these new deals between music production libraries and AI companies have actually created jobs for more human musicians. Given his new customers’ desire for more music during their deal terms, Bestall now has 24 full-time musicians — and almost 100 contractors — employed to make more music and grow Rightsify’s library, which already has over 1 million copyrights.

Lee Johnson, CEO and founder of production library Audiosparx, says AI has also allowed him to grow his business. Audiosparx is best known for licensing its catalog to train Stability AI’s Stable Audio model beginning in 2023, and Johnson says he received permission from the musicians represented in his catalog before he agreed to license their music to the AI company. Audiosparx acts as the licensor for production musicians, but unlike Bestall’s library, it does not acquire the songs in its catalog outright. “We took the deal to our artist community and about 90% of the artists opted into it,” he says. “About 10% decided to stay out of it. It was encouraging to see that much uptake because a lot of people are very passionately against [AI]. … We just felt it made more sense to have a seat on the train and ride the train to the future, rather than getting run over by [it].”

Bestall and Johnson say that, so far, partnering with AI companies has not yet affected their other business. Bestall, however, remains sober about the changes that may occur in the next few years. “I know it’s a threat to our existing business lines, but a huge opportunity for the future,” he says. “I think if people are too married to the exact business model of the past, they may struggle.” Johnson, who has pivoted Audiosparx’s business multiple times over its 20-year existence, expresses a similar view about being open to change. 

Not everyone agrees. “I think this is short-term money for a long-term loss,” says Henry Phipps, an emerging film composer who previously held a full-time job writing songs for a production library. After surveying the future of AI music, he left his post to try working for an AI music start-up. Now, he’s back writing for libraries and working toward his dream of being a film/TV composer. (Phipps spoke to Billboard under the condition that his former employers’ names would be kept private.) “But you can’t blame anyone for taking the opportunity to include their music in these datasets because you’d be missing out on a short-term paycheck, and everyone else would go ahead,” he says. “It’s kind of futile to try to stop the tide. Someone will always take the deal.”

To Phipps, the way production music is made is already similar to the way AI music is prompted. “I get a brief, which feels like a prompt,” he says. “Recently, one of those prompts was for reality TV with a bunch of adjectives, and then my job is to return a piece of music. It already feels like machine work in a way.”

While “very few people aspire to be production library composers long-term,” Phipps explains, “it is a way into [the music business] — to survive, eat and pay rent and work towards projects that are more creatively fulfilling.” Phipps says working at an AI music start-up made him “more nervous” for his future opportunities as a composer for film and TV. As he sees it, AI music could augment, but not entirely replace, the compositions of blockbuster film scorers — but it might “cut off the bottom rungs of the ladder” by decreasing opportunities for young upstarts like him.

Ed Newton-Rex, former vp of audio for Stability AI and founder of non-profit Fairly Trained, which certifies AI music companies that properly license their training data, advises that “if a library wants to take a deal like this, the terms should be very well thought through.”

Particular areas of concern Newton-Rex identifies include making sure that once a deal term ends, the AI model that used it will be retired or re-trained without the library’s material. “There’s no current way to just untrain a model, but you can add clauses to control what happens after the license is over,” he says. Newton-Rex also advises libraries to be careful about licensing their data to an “open-source model” — a move he calls “totally irreversible” because it makes the model available for public use. 

Still, Newton-Rex admits there is “absolutely” still risk ahead. “Musicians making production music are hugely at risk,” he says. “Ultimately, generative AI is faster, cheaper and the quality is already very good.” 

Just in case, Bestall is covering his bases by launching his own AI model, Hydra II, to generate royalty-free background music for cafes, hotel lobbies and other public spaces, should his customers ever prefer AI music to his current repertoire of background library music. Still, he feels his library will always be essential: “We’re not too concerned about the possibility of AI companies saying they don’t need production music anymore. Human data is so valuable for AI.”

Universal Music Group’s Universal Production Music division has launched a new subscription-based service, offering a pre-cleared library 50,000 songs and 200,000 sound effects, starting at $5.99 per month. The new library, called Universal Music for Creators, is aimed at servicing influencers and online talent that need royalty-free music for their videos and podcasts at a low price.

Universal Music Group’s library includes the option to separate out some of its songs into audio “stems,” industry shorthand for individual instrument tracks used collectively to create a full sound recording. This offers creators greater flexibility to customize the song to best fit their needs.

Though it is full of options for creators, the library does not include any of the major acts that are signed to UMG — like Drake, Rihanna, Taylor Swift and many more. It is searchable through the website’s search bar, where users can type in descriptions of mood and style to find the songs they want. The company also offers curated playlists of different moods and occasions for faster discovery.

UMG is not the first to try to fulfill the needs of the growing creator economy through a subscription-based pre-cleared music library, but the company’s announcement claims that Universal Music for Creators “boasts more tracks and SFX than any other claims-free music subscription service.” In recent years, a number of other libraries have formed with similar business models and offerings, including Songtradr, Loudly, Collabhouse, Bopper, Epidemic Sound and more. Some digital platforms, including TikTok and YouTube, have also amassed their own pre-cleared music libraries for creators to choose from in order to dissuade creators using songs without the proper clearance to do so.

Soundtracking social media content is also one of the most cited use-cases for the burgeoning field of generative artificial intelligence. Some of the models hoping to provide AI music for this use includes Stability AI’s Stable Audio, Soundful, Tuney, and more. These companies threaten to disrupt today’s music libraries, offering soundtracks that are one-of-a-kind and customizable for content creators at a similarly low monthly fee. Still, some of these models do not yet create music that rivals the quality of stock human-made music.

Jody Gerson, UMPG chairman and CEO, said: “Universal Music for Creators delivers our unparalleled production music library to content creators everywhere for the first time. Innovative programs like this exemplify why Universal Production Music continues to lead the industry.” 

Jane Carter, president of Universal Production Music said, “We’re thrilled to become the first major publisher to offer production music to content creators as a subscription service and grow the accessibility of our music catalog. With a brand heritage that signifies trust, quality and prestige, Universal Music for Creators will provide affordable, hassle-free music and sound effects for the most imaginative creators. We are excited to provide yet another innovative opportunity to support our talented production music songwriters and composers.”