Intellectual Property and AI-Created Music

Although music recognition apps such as Shazam have become embedded in our culture, AI has only become more advanced enhancing our ability to document, manipulate and market music into an unprecedented era.  

Many AI music generators learn from countless copyrighted songs, without seeking consent or without the author receiving monetary compensation, giving the AI tools to create ‘art’ mimicking artists’ distinct styles. American AI advocates argue that data training falls under the “fair use” of copyright because the creations are transformative, do not create substantially similar works, and have no impact on the original work’s market.  

Even still, can songs created by an AI be copyrighted? Can the owner of the copyrighted material used to train the AI claim the copyright of the work?  

Traditionally Intellectual Property is granted to the songwriter or artists and allows them to own the rights to the music they have contributed to. The US Copyright Act protects “works of authorships” allowing human authors to secure exclusive rights, thereby stating that animals and natural forces cannot hold copyright. The UK is one of few countries that have issued copyright for works generated by an AI, noting that the author is “the person by whom the arrangements necessary for the creation of the work is undertaken.”

This raises the question of who made these arrangements and who could be considered a contributor. 

The contributors to the AI creation could include  

1. The creator of the AI codes and algorithm 
2.  The copyright owners of data it is trained on 
3.  The processors of said data  
4.  The end-user 

In 2007 The Yellow Pages faced an early copyright case involving algorithmically generated content in Australia. After discovering their competitor was lifting from their database, they sued for copyright infringement. The case was dismissed as the phone book was largely assembled by an algorithm with minimal human effort, rendering it ineligible for copyright protection. Therefore, AI music will likely be devoid of copyright protection in Australia, given the legal precedent.  

AI creations could be considered derivative works in the US due to the copyrighted material needed for data training. Though, AI outputs may contain no part of the original data, likeness to copyrighted works could spur an infringement case. Lawsuits for the alleged likeness of copyrighted works have been successful before. The Marvin Gaye estate sued Robin Thicke and Pharrell Williams over their song Blurred Lines focusing on the ‘feel’ of the song in 2015 and Bette Midler sued Ford Motor Co. after they used another singer to imitate the likeness of Midler’s voice in an advertisement. 

Michael Nash, EVP and chief digital officer at Universal Music Group offered solutions in an article for Music Business Worldwide. Policymakers need to continue ensuring legislation supports copyright protection for artists without hindering technological innovation. Potentially involving new licenses providing compensation for artists involved in AI training sets. The industry needs to agree on standards and approaches under existing legal frameworks while considering independent artists and businesses without the legal or financial resources to keep up.  

This sector in the music industry is constantly evolving with discoveries emerging all the time. I will continue to follow this trend in my next blog posts, looking at new companies and how artists are interacting with AI.

Iconoclast acquires Mad Decent and Nick Monsoon Catalogue

This past month, Olivier Chastan’s right acquisition firm, Iconoclast, acquired the publishing catalogue of Nick Monson.

Nick Monson is a co-writer and producer working with Lady Gaga, Selena Gomez, Rag n’ Bone Man and Britney Spears, having contributed heavily to Lady Gaga’s 2013 hit album, Artpop. He later co-wrote much of the ‘Star is Born’ soundtrack, winning four Grammys. 

Iconoclast acquired the catalogue of Mad Decent Publishing in February. The publishing company was founded in 2006 by DJ producers Diplo and Kevin Kusasto. The catalogue features hits such as the Harlem Shake, Justin Bieber’s Cold Water and Major Lazer’s Lean On, with Cold Water and Lean On both featuring in the billions club on Spotify. Also included are songs written by King Henry, MØ, Dillion Francis and many more.

Iconoclast’s strategy focuses on optimising the brand and legacy of artists. Launching in 2021, the company has maintained their focus on technology and blockchain and working to keep legacy artists relevant. Founder, Olivier Chastan, has called Iconoclast a brand development business, ensuring the consideration of the writer’s name, likeness and image rights.

Michael Jackson Catalogue to be Sold for Over $800 Million

Sony Music and a financial partner are in talks to acquire half of Michael Jackson’s estate. This would include the acquisition of 50% of the estate’s interests in publishing, masters, the “MJ: The Musical” Broadway show, the upcoming biopic “Michael,” and potentially other assets. The estimated value of this sale is a staggering $800-$900 million.
Primary Wave Music, the private equity firm, is already known to hold a certain stake in Jackson’s publishing catalogue.

Before the late singer’s death in 2009, Sony Music exclusively managed his solo catalogue and the Jackson 5 catalogue. Jackson was one of the most commercially viable artists of all time, selling over 1 billion records worldwide and holding 13 Billboard Hot 100 singles.

Sony has been involved with major catalogue acquisitions before. In 2021, they bought Bruce Springsteen’s publishing and master rights with financial partner, Eldridge Industries, for $500 million. In the same year, Sony spent over $150 million to acquire Bob Dylan’s entire recording catalogue.

Hipgnosis Song Fund

Hipgnosis is an investment company working with songs and intellectual copyrights. It was established in 2018 by Merck Mercuriadis and Nile Rodgers, raising money through the London Stock Exchange. On Their website Hipgnosis states its purpose as ‘having not only a “motive” of providing great returns for Shareholders but also an “ulterior motive” of using the influence of the Company and our great Songs to improve the Songwriter’s position in the economic equation.‘

Hipgnosis made its first public purchase with 302 songs in The Dream’s catalogue in 2018 for $23.5 million. They acquired 75% of these songs which included; Justin Bieber’s Baby and Beyoncé’s Single Ladies (Put a ring on it). Hipgnosis fired ahead buying more catalogues; purchasing six catalogues in 2018, thirty-eight catalogues in 2019 and forty-two in 2020. Their 2021 annual report stated that they had spent 1.94 billion on 60,000 songs over the three years they had been running.

When interviewed by the New York Times Mercuriadis commented on song acquisition; “I think that (songs) are the great energy that makes the world go ’round, and I think that they deserve to be managed with the same level of responsibility that human beings do.”

Introducing Me!

Welcome to my new blog. I’m Molly Cartwright, a 22 year old songwriter from Dublin, Ireland. I am a final year student at BIMM Dublin with big hopes to make it as a publishing A&R in London. I had an internship with the Insitute of Music Publishing as their A&R for Ireland in 2022.

I am an accomplished songwriter with credits with Pio Hartnett, Nathan Mac and Jani. I have run successful social media campaigns for BIMM Dublin which has led me to freelance content creation – check out my socials for more content!

Keep an eye on this blog for the latest music publishing news, catalogue acquisitions, the hottest writers on the scene and much more…

Mollycartwright00@gmail.com

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https://www.linkedin.com/in/mollycartwrightsongwriting