From the invention of the phonograph to the popularisation of Pro Tools, technology has always been a part of the music industry, assisting and enhancing the creative endeavours of songwriters and composers. As with all technological advancements, the rapid rise of artificial intelligence has introduced both new opportunities and challenges to our industry, particularly in the case of Generative AI.

As the government considers how to regulate AI, the MPA is urging policymakers to adopt 5 key principles in respect of Generative AI:

1. Creators’ choice. The creator, or their chosen rights holder, should be able to decide if and how they want to use their creative talent. This certainty underpinned by legal rights (copyright) should not be undermined by any exception to copyright or compulsory licensing related to when AI platforms ingest copyright works. Users need to respect the creator’s choice as a baseline for any discussions.
2. Record keeping. It is important that in the ingestion stage (as referenced in 1 above), the tech providers keep an auditable record of the music ingested before the algorithm generates new music. This is the only point in the process when this data can be captured.
3. Copyright Protection. Without human creativity, there is no copyright. Under international copyright law, AI-generated musical and literary works are not protected by copyright in any country. This should remain the case given the human-centric nature of copyright protecting the creative talent of an individual.
4. Labelling. Music generated by AI should be labelled as such and licensees ought to be obliged to publicise their use of Generative AI in any content made available to the public.

Protection of personality. The current protection of image and personality rights in the UK is a patchwork of statutory and common law causes of action, including Moral Rights, the Defamation Act 2013, the Trademark Act 1984, Passing Off and the Data Protection Act. The MPA is urging the Government to explore introducing a more specific protection of personality rights, along the lines of the Californian common law tort.

Read our latest update on AI here