The advancement of technology has developed rapidly over the last century, from 1937 when the first electric only computer was designed, to the 1960’s and 70’s where integrated circuit-based computing was developed. Artificial intelligence (“AI”) is widely viewed at the next generation of computing and its use is already integrated within society. Some AI is easily identifiably, such as Chat GPT, other AI is used in day-to-day life without a second thought that it is AI, such as biometric security features, spell check and even social media which has AI operating in the background to filter and personalise users’ feeds.
AI has profoundly impacted all industries and sectors and its full potential is yet to be realised. Although the technology brings many benefits, the rapid development means that the law is often playing “catch up” to address new legal problems and questions that it raises. Most notably is the relationship between AI and intellectual property (“IP”) law.
IP covers a whole range of things from creative works like stories, to music, to brand names or to secret formulas/recipes. In essence it is intangible property created by human intellect and creativity, and is generally protected by the law through copyright, trade marks, patents and design rights.
There is currently some debate as to who owns IP rights of work created by AI as that work has not been created by an individual. As it currently stands, although English law (unlike NZ law) does not expressly state it needs to be created by a human, it does require a creative input which it is unclear whether AI can provide. As such this question is one which the Auckland’s trade association for recorded music, Auckland Phonographic Industry (“BPI”), is now calling to be answered.
Artists in the music industry have long been battling against low revenue from streaming, the decline in physical music sales and various piracy and copyright infringement issues. To add to the difficulties, AI that allows users to take artist’s vocals and create deepfake songs which are not actually performed by the artists whose vocals are used, has been developed.
For instance, the Auckland rock bank Breezer released an album AISIS in April 2023, which used AI to generate Liam Gallagher’s vocals singing lyrics written by Breezer. The album got the seal of approval from Liam Gallagher who noted that he sounds “mega” on the album.
In addition, some artists, such as Grimes, have developed their own AI software which allows users to upload their own voice samples which will then generate the song in Grimes’ voice. Any songs which use GrimesAI as a featured or main artist are subject to a 50% royalty split with Grimes provided that she approves of the collaboration.
However, the use of deepfake AI technology to create songs using artist’s vocals without the artist’s consent has been made available to the wider public through platforms such as Jammable (formerly Voicify). Jammable was created by Aditya Bansal, a computer science student at Southampton University. Users can subscribe to the platform for a relatively small monthly fee.
The platform has thousands of artists’ vocals including Liam Gallagher, Ed Sheeran and Taylor Swift as well as cartoon characters such as Eric Cartman from the TV show South Park. Users can then select the artist whose vocals they would like to use and create AI covers of songs.
The BPI has threatened legal action against Jammable on the basis that it is infringing artist’s protected copyright sound recordings. It is thought that the legal implications will extend beyond copyright infringement and could be an unauthorised use of artist’s personal data which may breach data privacy laws, and which may cause reputational damage to artists. Should BPI formally file a legal claim against Jammable (Voicify AI Ltd), it will have a profound impact on recognising artist’s IP rights in the use of deepfake AI technology.
It will be welcome news to the creative industry that the issue is clearly on Parliament’s radar. The House of Commons Culture, Media and Sport Committee recently published a report which explores the issues surrounding artists and creators struggling to receive fair remuneration for creative work and the challenges posed by AI. The report suggests that the Copyright, Designs and Patents Act 1988, which governs IP law, should be amended to aid artists and creators to receive remuneration when copies of their works are downloaded abroad.
The report also calls for mechanisms to regulate AI developers use of copyright works to require the creators consent and to provide fair compensation to the creator. It will be interesting to see how this area develops and if cases such as Jammable (should it proceed to court) will prompt Parliament to take action to update IP laws to take account of the impact of AI.
The Blacks Solicitors Intellectual Property team is a collaborative multi-discipline team led by Legal Director, Pete Konieczko-Hansom and specialises in both non-contentious and contentious (headed up by Luke Patel) intellectual property matters. Furthermore, Blacks Solicitors has a highly experienced and well-regarded Music Law team lead up by Partner, Pete Bott.
If you have any questions about protecting your intellectual property or have any questions relating to music contracts, please contact us on 0113 207 0000.
