Who Owns a Song Created by A.I.? (2023)

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Lawmakers are beginning to contemplate questions about authorship and ownership around creative machines. The stakes for creative businesses are high.

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Who Owns a Song Created by A.I.? (1)
(Video) AI used to create songs using popular artists’ voices l GMA

By Ephrat Livni,Lauren Hirsch and Sarah Kessler

Artificial intelligence tools that generate text, images and music are moving art into new territory — and that’s raising tricky questions for the business of creativity.

For early adopters like Insider, the publication that this week announced an experiment with A.I.-aided articles, the new tools promise more efficient content creation. But for many artists, and the businesses that own their work, generative A.I. is a double threat. These systems can produce copycats of human works that dilute the market, and they use artists’ production, without their permission, as training data.

Some see that as stealing intellectual property: Universal Music Group recently told music streaming platforms, including Spotify and Apple, to block A.I. systems from scraping its music. (The company is in early discussions to license its songs to generative A.I. companies, DealBook hears.)

Lawmakers have begun to contemplate new rules around authorship and ownership in connection with creative machines, and the stakes are huge for both the businesses that depend on creative work and the investors who poured billions into new A.I. tools. So far, there are three major debates.

What is owed to the creators of the original material? In January, a group of artists sued London-based Stability AI, a maker of image-generating software, arguing that it infringed on their copyrights by using their work in training data and creating derivative works. The cartoonist Sarah Anderson, who is part of the lawsuit, told The New York Times that she believed artists should opt in to having their work included in such data, and should be compensated for it. Getty Images is also suing Stability AI in Britain and the United States for what it calls “brazen infringement” of millions of photos. Getty argued that the theft is particularly offensive because it has agreements to license data for machine learning. Stability AI has not yet responded to the complaints.

Does “fair use” apply? Copyrighted works can be used without permission for commentary, criticism or other “transformative” purposes, and robots have traditionally been exempt from liability. But “courts in the future won’t be so sympathetic to machine copying,” wrote Mark Lemley, the director of a Stanford Law School program that focuses on science and technology, in the Texas Law Review with a former colleague, Bryan Casey. Lemley is calling for a new “fair learning” standard for using copyrighted material in machine learning. It would include the question: What is the purpose of the copying? If it’s to learn only, that may be permitted, but if the intent is to reproduce the work, it will not be. Not every machine learning data set would qualify for the protection. New tools also raise questions about who has liability for infringement — the user prompting the machine, the company that programmed the tool or both?

Who owns the output of generative A.I.? For now, only a human’s work can be copyrighted, but what about work that partly relies on generative A.I.? Some tool developers have said they won’t assert copyright over content generated by their machines. In February, the Copyright Office rejected a copyright for A.I.-generated images in a graphic novel, though the writer argued that she had made the images via “a creative, iterative process” that involved “composition, selection, arrangement, cropping and editing for each image.” The government compared use of the A.I. tool to hiring an artist. But the lines may blur as the use of such tools becomes more common. Like the tools, the intellectual property issues are a work in progress that will only get more complex. — Ephrat Livni

A New Generation of Chatbots

Card 1 of 5

A brave new world. A new crop of chatbotspowered by artificial intelligence has ignited a scramble to determine whether the technology could upend the economics of the internet, turning today’s powerhouses into has-beens and creating the industry’s next giants. Here are the bots to know:

ChatGPT. ChatGPT, the artificial intelligence language model from a research lab, OpenAI, has been making headlines since November for its ability to respond to complex questions, write poetry, generate code, plan vacationsand translate languages. GPT-4, the latest version introduced in mid-March, can even respond to images(and ace the Uniform Bar Exam).

Bing. Two months after ChatGPT’s debut, Microsoft, OpenAI’s primary investor and partner, added a similar chatbot, capable of having open-ended text conversations on virtually any topic, to its Bing internet search engine. But it was the bot’s occasionally inaccurate, misleading and weird responsesthat drew much of the attention after its release.

Bard. Google’s chatbot, called Bard, was released in Marchto a limited number of users in the United States and Britain.Originally conceived as a creative tool designed to draft emails and poems, it can generate ideas, write blog posts and answer questions with facts or opinions.

Ernie. The search giant Baidu unveiled China’s first major rival to ChatGPT in March. The debut of Ernie, short for Enhanced Representation through Knowledge Integration, turned out to be a flopafter a promised “live” demonstration of the bot was revealed to have been recorded.

(Video) Using A.I to Collab with Legendary Rappers

IN CASE YOU MISSED IT

Griffin Giving. Ken Griffin, the founder of hedge fund Citadel, donated $300 million to Harvard. The gift is his biggest ever to his alma mater, which will rename its Graduate School of Arts and Sciences after him, and brings his total donations to the school to almost half a billion dollars. Not everyone was happy about it.

(Video) AI creates "New" Nirvana song - Drowned In The Sun

Abortion pill pullback. A Texas judge ruled that mifepristone, an abortion pill, should be pulled from shelves more than two decades after the Food and Drug Administration approved it. The Justice Department challenged the decision, and the pharmaceutical industry condemned it, saying it could upend the business of drug making by retroactively changing the rules and politicizing the approval process.

Banks boom. JPMorgan Chase, Wells Fargo and Citigroup opened the bank earnings season with a bang yesterday, beating expectations despite the turmoil that has ripped through small and midsize banks in recent weeks. Each raked in deposits as customers shifted money from regional lenders, such as the now collapsed Silicon Valley Bank. But they also warned that the economy was fragile, with JPMorgan’s Jamie Dimon saying, “We are going to eventually have a recession, but that may be pushed off a bit.”

R(EV)olution. The Biden administration unveiled the most far-reaching U.S. climate regulations ever in a bid to ensure that two-thirds of new cars and a quarter of new heavy trucks sold in the country are all-electric by 2023. The decision is the latest in a string of big industrial policy moves undertaken under President Biden, who has pledged billions of dollars to reshape the economy.

Europe’s China schism. President Emmanuel Macron of France traveled to China with the aim of establishing more cordial relations with Beijing than the United States and some of its other allies have — and with a number of executives in tow, commercial links were a crucial part of the exercise. But Macron caused a bigger stir on his flight home, telling Politico and some French media outlets that Europe should become a “third superpower” and not merely “followers” of Washington.

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How Twitter could be breaking even

Elon Musk this week gave one of his most extensive interviews since taking Twitter private, musing on everything from the pain of owning the company to sleeping at the office. But one claim in particular in his chat with the BBC caught DealBook’s eye: that the company is breaking even, and on its way to being cash positive.

When Musk bought Twitter in October, it had lost money in eight of the previous 10 years — and that was before he loaded it with debt. In its last quarter as a public company, its net loss was $270 million, though that included some one-time payments as uncertainty over the deal effectively froze business. Is Musk’s claim that it’s on the brink of profitability feasible? Drew Pascarella, a senior lecturer of finance at Cornell University, told DealBook that it was. Here’s why.

Musk has cut Twitter’s expenses to $1.5 billion, he has said, down from roughly $4.5 billion a year before he took over (excluding noncash expenditures, like stock-based employee compensation). Much of the reduction comes from laying off about 6,300 employees, which Pascarella and a private equity investor, who asked not to be named because he did not want to publicly speculate, both said could save around $1.3 billion. Other sources of savings: renegotiated cloud and software spending, the closing of a data center and less traditional cost cuts, like janitorial services.

While ad revenue has dropped, cuts to spending may have compensated. Musk said in December that revenue, nearly all of which Twitter makes through advertising, had plummeted to $3 billion annually, down from roughly $5.2 billion before the acquisition. With $1.5 billion in expenses, and another $1.5 billion in interest payments on the debt that Musk took to buy Twitter, $3 billion in revenue would be about break-even, before capital expenditures.

Break-even may be possible, but it’s not the end game. Analysts expect Twitter’s shift to subscriptions to bring in minimal revenue. Musk has said he wants to push further into payments and other sectors as he turns Twitter into an “everything app.” That’s hard to do without investing heavily — and Twitter’s business most likely generates little cash. As Pascarella put it: “Is $1.5 billion annual cash spend enough to run the business in the intermediate term, or have the cuts been so deep that there will be decay from here?”

$50 billion

— The banking crisis was no crisis at all for JPMorgan Chase, the nation’s biggest bank. Jeremy Barnum, JPMorgan’s C.F.O., told analysts yesterday that the bank recorded “significant new account-opening activity” last quarter, particularly after the fall of Silicon Valley Bank. “We estimate that we have retained approximately $50 billion of these deposit inflows at quarter end,” he added.

Logan Roy or Rupert Murdoch?

In the same week that the HBO drama “Succession” took a pivotal plot twist (DealBook won’t spoil it by revealing what happened here), Vanity Fair published a revealing article about Rupert Murdoch, the nonagenarian media mogul whose family drama inspired the show. The article highlights uncanny similarities between the fictional patriarch Logan Roy and Murdoch — and includes the detail that the real-life mogul’s divorce settlement with his fourth wife, Jerry Hall, prohibited her from giving story ideas to the writers behind the program.

Can you tell which of these anecdotes is about Roy, played by Brian Cox, and which is about Murdoch, according to Vanity Fair?

(Video) Every Single Country as a Supervillain | Created with AI

1. After surviving a health scare, this man declared, “I’m now convinced of my own immortality.”

2. This man asked his wife to take online courses in winemaking as part of a scheme to write off $3 million of vineyard expenses.

3. This man threw away a specially prepared steak and lobster buffet because it had sat in a house that stank.

4. This man met with all of the top divorce lawyers in New York to create a conflict of interest for them to accept his wife as a client.

5. This man got word to his son that it would mean a lot if the son attended his birthday party. But his son still didn’t go.

6. This man ended one of his marriages with an email that read: “We have certainly had some good times, but I have much to do. … My New York lawyer will be contacting yours immediately.”

Find the answers at the bottom of this newsletter.

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Quiz answers: 1, 2 and 6: Rupert Murdoch. 3 and 4: Logan Roy. 5: Both.

Thanks for reading! We’ll see you Monday.

We’d like your feedback. Please email thoughts and suggestions to dealbook@nytimes.com.

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(Video) AI-Generated Music Vocals Are Crazy (New Tech)

FAQs

Who owns the copyright on AI generated content? ›

The user may hold copyright over the original ideas, characters, or storylines they provide. The AI-generated content, being a derivative work, might not be eligible for copyright protection on its own. The user's claim to copyright ownership would be stronger if their input is more creative and original.

Is AI generated music copyrighted? ›

If copyright does not subsist in a musical work, it can be freely copied by anyone without risk of copyright infringement liability. Under English copyright law, works generated by AI, can theoretically be protected as works "generated by computer in circumstances such that there is no human author of the work" (s.

Is AI music copyright free? ›

The debate surrounding AI music and copyright laws is currently ongoing. While some argue that a license is required because the AI's output is based on preexisting musical works, others maintain that using such data falls under the “fair use” exception in copyright law.

Do you own the copyright to AI art? ›

US Copyright Office: AI Generated Works Are Not Eligible for Copyright.

Who owns the rights to a song? ›

- The songwriter is the initial owner of the song copyright. As copyright owner, the songwriter can sell, license or give the copyright to someone else. Copyright owners can even use song copyrights to secure loans.

Who owns the AI domain? ›

ai is the Internet country code top-level domain (ccTLD) for Anguilla, a British Overseas Territory in the Caribbean. It is administered by the government of Anguilla.

Who gets credit for AI-generated art? ›

People allocated the most credit and responsibility to the artist, then the curator, then the technologist, and finally the crowd.

Can I publish a song written by AI? ›

The new rules recognize that work made with both AI input and human creation can be eligible for copyright protection, but any part of it that is entirely made by AI is not eligible.

Does AI violate copyright? ›

In a decision that could have far-reaching implications for artists, the U.S. Copyright Office (USCO) has stated that AI-generated images are not protectable under current copyright law, as they “are not the product of human authorship.”

What are the cons of AI music? ›

Disadvantages. Lack of musical depth, creativity, and complexity that human composers bring to their work. Lacking originality, in some cases, the AI technology will generate new music that sounds similar to a previous generated track.

Can AI be patented in the US? ›

Last year, in the case of Thaler v. Vidal, the Federal Circuit affirmed that only natural persons (i.e., human beings) can be named inventors on U.S. patents, thereby excluding artificial intelligence from being listed as an inventor per se.

Is it legal to use AI to write a book? ›

So, under today's common understanding of copyright law, AI image generators are legal because they are transformative. In 2021's Supreme Court decision in a lawsuit between Google and Oracle, the court held that using collected data — even data under copyright — to create new works can be considered fair use.

Can AI claim copyright? ›

According to the policy statement, works created by AI without human intervention or involvement still cannot be copyrighted, as they fail to meet the human authorship requirement.

Can AI take over artists? ›

No, AI apps are unlikely to replace artists. While AI technology has made significant progress in generating visual and audio content, it still lacks the creativity and human touch that is intrinsic to art.

Who owns IP generated by AI? ›

The law provides that such works will be owned by a human or corporate person, but the computer program or AI itself can never be the author or owner of the IP.

How do you legally own a song? ›

Applying for registration with the U.S. Copyright Office requires an application, a filing fee, and a copy of the work. Depending on the type of work, there are several different online application options, including: Standard Application for registering an individual sound recording or musical work.

How do you prove ownership of a song? ›

6. How to prove ownership of a sound recording.
  1. By using the file's metadata, such as time and date. This is ineffective as metadata can be re-written.
  2. Emailing the file to myself or a friend. ...
  3. Use a Copyright registration service.

Can I just say I don't own the rights to the music? ›

A copyright protects an original work of authorship, whether in writing, video, or audio form. A person infringes on a copyright if the person uses the work without permission, even if they put out a notice that they don't own the music. To be clear, simply using the work is infringement; not pretending you created it.

Who owns AI art rights? ›

AI art cannot be copyrighted. The question of who owns art created by AI is a complex and controversial issue. While AI is responsible for generating the artwork, it is ultimately the human creators who programmed and trained the AI algorithms.

Who owns the work created by AI? ›

This means that the creator, the person who inputs the text prompt, is the owner of the image and has the rights to the final image. The creator becomes the owner of the images, regardless of whether those images have copyright or not.

Who owns the most AI? ›

The 10 Largest Artificial Intelligence Companies in The World: Summary
RankCompany
1Amazon – $469.82 billion
2Apple – $378.32 billion
3Microsoft – $168.088 billion
4Meta Platforms – $117.93 billion
6 more rows
Mar 5, 2023

Do AI artists make money? ›

As for how you can make money from an AI art generator, there are several potential ways: Selling prints or digital copies of AI-generated art online or in galleries. Offering commissions to create AI-generated art for clients. Licensing AI-generated art for use in advertising, design, or other commercial applications.

Has an AI-generated painting won a prize? ›

The contest's organizers, in turn, said they didn't know the extent to which the work utilized AI. Boris Eldagsen won the World Photography Organization's Sony World Photography Awards for a piece titled The Electrician. The work appears like an old photograph showing two women, one of whom crouches behind the other.

Are AI artists considered artists? ›

While AI could represent tangible concepts through illustration, it could not create an artistic work that represents and sparks authentic criticism of the world. To Cheng, AI does not produce true art.

Can I sell a song I wrote? ›

Songwriters rarely “sell” their songs. When you make a deal with a publisher, record label, or artist to record your song, it's usually in the form of a contract or license. Sometimes a publisher will use the words “work for hire.” This means that they will own your song copyright.

Why are artists against AI art? ›

AI art appears to be a particular threat to digital artists. Part of this is because these creators tend to produce large bodies of content, meaning that datasets will have access to huge amounts of information on their style.

Is AI art a threat to artists? ›

While it's true that AI art may pose a threat to some artists' careers, it mostly has the potential to expand them. A new generation of artists, especially the photorealists, is already embracing AI art and making use of its tools and techniques in their own work.

Can AI be plagiarized? ›

The issue of plagiarism

In the case of artificial intelligence, tools linked to large language models do not plagiarise in any traditional sense. The text generated by AI apps should not be presumed to be plagiarised, even though the content has been harvested and then aggregated from a variety of online sources.

Does Spotify use AI generated music? ›

A growing number of AI-generated songs are being uploaded to Apple Music and Spotify, and music label Universal Music Group has said that these involve breach of copyright. Some of these songs are AI-generated covers of existing songs.

Will AI replace songwriters? ›

But he says robots will never replace human songwriters. You can listen to the latest MBW podcast above, or on Apple Podcasts, Google Podcasts, Spotify, Stitcher, iHeart etc. via this link.

Is AI a threat to musicians? ›

Since ChatGPT appeared out of nowhere at the end of 2022, many people started wondering about the future of their jobs due to the incredible capabilities of this tool. Now that it has an API and its ecosystem is opening and expanding day by day, the worries grow.

Can AI be a legal person? ›

THE LEGAL POSSIBILITY TO GRANT LEGAL PERSONALITY TO AI

From a theoretical point of view (as opposed to what is desirable in practice), nothing stands in the way of granting legal personality to AI. Legal personality is only a concept that designates the ability of an entity to have rights and obligations.

Can you legally use AI generated images? ›

The US Copyright Office left open the door for protecting works with AI-generated elements. Any images that are produced by giving a text prompt to current generative AI models, such as Midjourney or Stable Diffusion , cannot be copyrighted in the US.

Who gets to patent inventions made by AI? ›

Ownership of AI patents

The national patent laws and the TRIPS agreement requires the inventor to be a legal person or a human being. AI is neither a legal person nor a human being. Thus, AI is struggling to become an inventor in a patent application. The issue has reached the doors of courts around the world.

Can an AI write my paper? ›

AI, in particular, Large language models (LLMs) are becoming increasingly popular for several tasks, such as translation, blog posts and now, writing entire essays. These models have a writing process that can be used to automatically generate text, similar to the way a human would.

How much does AI writer cost? ›

Ai Writer FAQs

Ai Writer has 2 different plans: General Model at $29.00 per month. Expert Trained Model at $99.00 per month.

How do I protect my writing from AI? ›

Write with a distinct voice to avoid the sometimes generic approach of AI writers. Building on the last point above, don't be afraid to experiment with different tones, styles, and personalities. Although AI can simulate some of these. developing your own unique voice will help to set you apart.

Does AI art break copyright? ›

US law states that intellectual property can be copyrighted only if it was the product of human creativity, and the USCO only acknowledges work authored by humans at present. Machines and generative AI algorithms, therefore, cannot be authors, and their outputs are not copyrightable.

How do I stop AI from taking my art? ›

Glaze is a tool that can help artists protect their work from AI art generators. The app works by applying subtle changes to the artwork—changes so minor that they're barely noticeable to humans—that can easily confuse AI software.

Why will AI not replace artists? ›

Using machine learning tools to produce artistic compositions raises a fundamental question: Can AI truly create Art? The short answer is no. Suggesting that AI can produce Art is no different than implying a pencil can draw illustrations or write stories. A pencil, just like AI, is not human — it's a tool.

Will AI wipe out humanity? ›

While it is always possible that unforeseen events or developments could lead to the destruction of humans by AI, it is unlikely to happen in the near future.

Does Elon Musk own open AI? ›

Musk is one of the co-founders of OpenAI, which was started as a non-profit in 2015.

Who is the leader in AI patents? ›

Across the world, China leads the world in AI patents, filling for 389,571 patents over the last decade and making up 74.7% of the world's AI-related IP protection.

Who owns the most AI patents? ›

This infographic that is based on the LexisNexis PatentSight directory shows, Tencent and Baidu became the largest patent owners in machine learning and AI in 2021, each holding more than 9,000 active patent families.

How much of a song can you use without permission? ›

Unfortunately, there are no fixed standards as to how much of a song you can use without infringing the song owner's copyright. Of course, the shorter you can make the clip, the stronger your argument for fair use protection.

Can you buy a song and own it? ›

Determine if the song is copyrighted or in the public domain. First of all, before you buy the rights to a song you should make sure that the song is copyrighted. If it is a current famous song, it is certainly copyrighted. However, this is not the case with songs that, although famous, have a certain age.

Can someone steal my original song? ›

All you have to do is write your original song down on paper or record it, and you own the copyright. Then, you are protected by law and others cannot use your song without your permission.

Is a song intellectual property? ›

What is IP in music? IP stands for “intellectual property” and yes, original musical creations are considered intellectual property and can be protected from use by others under intellectual property law.

Who owns a song after its recorded? ›

The ownership of the sound recording copyright rests with the 'author' of the recording.

Who owns an AI generated invention? ›

Patent law generally considers the inventor as the first owner of the invention. The inventor is the person who creates the invention. In the case of autonomous AI generating an invention, there is no legal owner as the AI technology cannot own the invention.

Who owns AI generated IP? ›

The law provides that such works will be owned by a human or corporate person, but the computer program or AI itself can never be the author or owner of the IP.

Who owns copyright in computer generated work? ›

Who is the author of a computer-generated work? Under the Copyright, Designs and Patents Act 1988, work produced by a computer, or with the assistance of one, can be afforded copyright protection. The copyright is owned by the person who enabled the generation or creation of the work.

Who owns the rights to images generated with DALL-E? ›

OpenAI holds the copyright to the DALL-E software, and it is likely that the images generated by the software are also considered to be works created by OpenAI for copyright purposes.

Who owns AI and machines as creators? ›

AI generated content has no human author but the Copyright Act dictates that the “author” of a computer-generated work is the person responsible for making the arrangements for the creation of the work.

Can an AI own copyright in the US? ›

According to the policy statement, works created by AI without human intervention or involvement still cannot be copyrighted, as they fail to meet the human authorship requirement.

Do I own my AI-generated images? ›

The US Copyright Office left open the door for protecting works with AI-generated elements.

Can you legally sell AI-generated images? ›

Generally, you can sell AI-generated art as long as the generator license agreement permits commercial use. Read the terms and conditions carefully. Be aware of copyright restrictions of any input images. Some EULAs indicate that produced artwork may belong to the tool, the user, or the public domain.

Can I sell the art I make with DALL-E? ›

Can I Sell Art Made with DALL-E? Yes! All users get full usage rights to commercialize the images they create with DALL-E, including the right to reprint, sell, and merchandise. This includes images they generated during the research preview (from a few months ago).

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