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Copyright, AI and the music industry

This project looks at the future of the music industry in view of technological developments in artificial intelligence (AI), in particular the implications for copyright law. It looks at creativity in light of AI and considers how copyright should respond.

For example, will smart contracts replace licensing schemes? Will AI be writing songs? How does this effect the copyright ownership and enforcement in the music industry? Are musical works created by AI original, do they qualify for copyright protection and do they infringe existing work? This is an exciting topic at the forefront of copyright policy and technological development.

The results of the research will be published in a book on Copyright and the Music Industry which includes looking at the impact of AI technologies on the future of the music industry. The book is commissioned by Edward Elgar as part of their practical law series.

Our evidence given to the UK Intellectual Property Office who sought views on the implications artificial intelligence might have for IP policy argues that:

  1. The analogy of copying someone’s work inside a human brain, is not an appropriate way of considering whether copyright protected works are infringed by AI.
  2. The test for copyright infringement in these circumstances needs to be adapted, in that it focuses on the AI ‘Producers’ (meaning the person responsible) activities (such as data input) rather than the output.
  3. It should be clarified in what circumstances the current copyright exceptions apply to AI processes.
  4. It needs to be considered whether or not private agreements could or should be made above or below any policy decision as to the ownership of copyright in AI-generated works.
  5. There should be a distinction between AI-assisted works and AI-generated works.
  6. Additional rights should be considered such as performance and moral rights.

Read the full paper.


Meet the Principal Investigator(s) for the project

Dr Hayleigh Bosher
Dr Hayleigh Bosher - Hayleigh is a Reader in Intellectual Property Law and Associate Dean (Professional Development and Graduate Outcomes) at Brunel University London, as well as, Visiting Research Fellow at the Centre for Intellectual Property, Policy and Management, a legal consultant in the creative industries, an advisor for the independent UK charity for professional musicians, Help Musicians. Hayleigh was awarded the British Academy Researcher-led Innovation Fellowships 2023-24 for her project 'The Future of the UK Music Industry: Exploring Policy and Practice,' in partnership with the Department for Digital, Culture, Media and Sport (DCMS). Hayleigh is well-recognised in the field of intellectual property law, in particular copyright law and the creative industries, and has attained an international reputation in the field of music copyright in particular. Her work in this area has been cited extensively in academic, practitioner and policy outputs and she is regularly interviewed by numerous national and international media outlets, including the BBC, ITV, Sky News, Channel 5 News and The Guardian, The Times and The Wall Street Journal. Hayleigh researches in the area of copyright and related laws in the creative industries, particularly in context of music, social media, and artificial intelligence and related technologies. Her research always involves public, policy and industry engagement, with an emphasis on helping creators understand their rights whilst at the same time ensuring that those rights are fairly balanced and adequately supported by law. As such, she is widely published in academic peer-reviewed journals, in the press, and has responded to a number of policy inquiries at international and national level. Her recent book; Copyright in the Music Industry, is accompanied with a playlist and podcast which she produces and co-hosts with Jules O'Riordan (AKA Judge Jules). She appeared before the DCMS Select Committee in relation to their Inquiry on the Economics of Music Streaming, the Science, Innovation and Technology Select Committee for their Inquiry on the Governance of Artificial Intelligence and the House of Lords Communications and Digital Committee on Large Language Models. Hayleigh is a member of the UK Intellectual Property Office Research Experts Advisory Group, the Centre for Artificial Intelligence: Social and Digital Innovation, and the Research Centre for Law, Economics and Finance at Brunel. Hayleigh joined Brunel in 2018, having previously held positions at Coventry University, The University of the Arts London and the Academy of Digital Entertainment, Breda University (Netherlands). 

Related Research Group(s)

ai

AI Social and Digital Innovation - Social, economic and strategic effects of AI and associated technologies. Impact of AI and related technologies on societies, organisations and individuals.

corporate buildings

Law, Economics and Finance - The Centre for Law, Economics and Finance aims to advance the wider societal impact of our research by engaging with policymakers, practitioners and other stakeholder.


Partnering with confidence

Organisations interested in our research can partner with us with confidence backed by an external and independent benchmark: The Knowledge Exchange Framework. Read more.


Project last modified 28/10/2024