Music generated by artificial intelligence and copyright.

Music generated by artificial intelligence (AI) is already promised a bright future. Since the start of 2023, over 1.7 billion AI-generated music videos have been viewed on YouTube.

In particular, it is the songs produced by IA, mimicking the voices of well-known artists, that generated unprecedented enthusiasm. Last April, a song called “Heart on my sleeve”, performed by artists Drake and The Weeknd appeared on several social networks including Tik Tok. A few days after its appearance, this song was removed from all platforms at the request of the record company UMG and for good reason: the artists Drake and The Weeknd had never recorded this title which was composed by an AI imitating their voices [1].

A few days ago, a fake cover of the song “Saiyan”, performed by the singer Angèle, went viral on social networks [2]. The Belgian singer's voice was recreated by an AI to allow her to perform well-known pieces.

Again, an application of artificial intelligence raises complex questions related to intellectual property. Here we decipher the legal implications of AI-generated music.

Human voice vs copyright: attention

The main consideration relates to the relationship between copyright and music that is generated by AI.

In this regard, there is a fundamental point to be clarified: while a melody, lyrics, or other original elements of a song can be protected by copyright, the human voice alone is not.

Legally, the protection of the voice is located in the field of personality rights, in the same way as the right to image and respect for private life and also in the field of the protection of personal data since the voice is a personal data.

In other words, the voice alone of a well-known artist is not protected by copyright but by a personality right. The reproduction of the voice of a well-known artist is therefore not an act of counterfeiting but an invasion of his privacy or a violation of the rules applicable to the processing of personal data.

Distinguish covers of famous songs and original creations

In the specific context of songs generated by AI imitating the voices of well-known artists, the reproduction of melodies, lyrics, or other original elements of a song may characterize an infringement of copyright relating to the original song. This situation corresponds to the case of Angèle, whose voice was imitated in order to interpret a well-known title. In this case, the resumption of elements from the title “Saiyan” without permission would certainly be considered by a court to be a violation of the copyright of the person who composed and/or performed the original title.

However, in the case where the AI generates original melodies and lyrics and imitates the voice of a famous singer, there is, in theory, no violation of the copyright of the artist whose voice was imitated.

The hypothesis described above corresponds to the case of Drake and The Weeknd, whose voices were imitated by an AI and then used to interpret an original composition, also generated by an AI. If the AI-generated videos of the duo were quickly removed from social networks under pressure from the record company of the two superstars, in court, the record company could only have based itself on the violation of an artists' personality right and not on an infringement of their copyright.

This fundamental difference between copyright infringement and an infringement of an artist's personality right is significant, since in the case of Drake and The Weeknd, the record label should in particular have proved that the voices used were in every way similar to those of the two artists and that they were recognizable.

The generative AI learning paradox

It is crucial to keep in mind that music generative AIs must train on existing data, often protected by copyright, in order to generate new content.

In this case, in the case of Drake and The Weeknd, the AI imitating their voices had previously had to train on songs sung by the two artists: this is where a violation of their copyright can occur.

Any unauthorized reproduction and use of a work protected by copyright, in particular for commercial purposes, is likely to constitute an infringement subject to civil and criminal sanctions.

While technological advances offer exciting opportunities, they also create complex challenges for creators, businesses, and lawyers specializing in intellectual property. When it comes to music, understanding the nuances between copyright, personality rights and the protection of personal data is fundamental to navigating this changing landscape.

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[1] A fake Drake and The Weeknd song generated by artificial intelligence worries the music industry.

[2] How a fake cover of “Saiyan” by Angèle went viral

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