Originally written for Music Copyrights in the Age of AI
According to the Congressional Research Service, the answer right now is no, but this could change in the future.
For copyright protection from the U.S. Copyright Office, only works “created by a human being" can be recognized. However, as stated in the Congressional Research Service document Generative Artificial Intelligence and Copyright Law, "Assuming that a copyrightable work requires a human author, works created by humans using generative AI could still be entitled to copyright protection, depending on the nature of human involvement in the creative process." This means that depending on the amount of and type of human involvement in using artificially intelligent tools to make the music, such as for editing and mixing, the work may be able to receive copyright protection.
So, while right now you can not get copyright protection for AI-created music, the answer may change later.
What may be the ruling if a case of AI music and copyright goes to court? According to Mark Lelmey and Bryan Casey's Texas Law Review article, "There are reasons to think courts in the future won’t be so sympathetic to machine copying."
This comes as no surprise since the general public seems to be against the use of AI in works such as music, movies, and writing. The recent WGA and SAG-AFTRA strikes brought to light the use of AI in writing and acting for the screen, which influenced much of the public to be against the use of it. Since the end of both strikes, it seems that AI will stay out of workplaces for the most part with a few specific exceptions.
When looking at the music industry and song creation, there have been no official guidelines or laws put in place yet. However, following the footsteps of the film and television industry, it is likely that AI use in music will not be accepted.
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