Using Copyrighted Music to Train AI: Is it Infringement?

Taking someone’s music and using it for yourself, is copyright infringement. Most people know that. But there’s a new frontier in the fight over what is and what is not infringement: Artificial Intelligence.

Music as AI Training

Clearly, it’s infringement if AI uses something that’s copyrighted. But a recent lawsuit asks the question of whether a company can use copyrighted material just to train AI? Or whether that’s infringement.

Artificial Intelligence often needs to be trained; it needs to be exposed to human voices, writing, music, art, and other “real world” components, so that the AI can properly mimic or utilize the data of the real world and correct its mistakes while it’s “learning.”

One company is, according to a lawsuit, using copyrighted music, to train its AI engine. This resulted in a lawsuit by major record labels, including Sony and Warner Music, saying that the use of their music to train the AI was infringement, and further, that the use of the music was for the purpose of infringing, given that the AI’s purpose, according to the lawsuit, is to get so good at mimicking real music, that it could potentially violate copyright.

The labels note that they have spent time and money discovering and developing the talent that is now being sued to trial the AI.

According to one report, the record labels are suing on a hunch (really, circumstantial evidence). The labels believe that the AI is generating songs that are strikingly similar to many popular recording artists.

Fair Use?

Other AI companies in other industries have been sued for this in the past, and they rely on the defense of Fair Use.

The AI companies say that they are just using the music to build a technology that will generate new and innovative music; as such, the copyrighted work is being used for education, or the public good. They also argue that the mystic itself, directly, is not being sold or generating any profit for the AI companies.

Fundamental Infringement Issues

All of this will eventually lead to the core question of whether or not AI music, trained by copyrighted music, can ever truly generate new and unique content, or whether the only result of this training is AI generated content that can be identified as copyrighted music, songs, tunes, or voices, and thus, infringes?

And even if it does generate entirely new and unique music, if that generation is founded upon training by copyrighted music, is that really fair use? The AI companies are still deriving a profit from the music albeit indirectly, and that would tend to weigh against fair use of copyrighted material.

Some suggest that all creating industries, not just music, may have to rely on licensing songs, or coming up with a unique way of making money off their creations that still allows for AI development.

Questions about infringement of intellectual property? Call the West Palm Beach business litigation lawyers at Pike & Lustig today.

Sources:

billboard.com/pro/ai-music-companies-hire-law-firm-defend-label-lawsuits/

jdsupra.com/legalnews/ai-music-generators-in-the-crosshairs-a-4792867/