Who gets paid when the machine makes music? Rethinking licensing and fairness in the age of generative AI

Who gets paid when the machine makes music? Rethinking licensing and fairness in the age of generative AI.

The advent of sophisticated Artificial Intelligence (AI) systems capable of analysing and generating creative content necessitates a re-evaluation of intellectual property mechanisms. AI's capacity to deliver accelerated innovation and cost-effective content generation poses a substantial disruptive challenge to traditional creative industries, notably in fields like music, where the displacement of human-authored creative endeavours is a recognised risk. This dynamic has spurred international appeals for legislative measures to protect the primacy of human creativity within the copyright paradigm.

This paper moves beyond conventional policy proposals, such as statutory licenses, taxation or general levies, by advocating for redistributive justice mechanisms in copyright law. The central proposition is the establishment of an 'AI-royalty fund' in addition to traditional licensing models. This mechanism is designed not merely as compensatory redress for creators' lost income resulting from technological disruption, but also as a vehicle to promote industry sustainability congruent with the social welfare principles enshrined in the Council of Europe’s European Social Charter.

The administration of this fund would be entrusted to a national collective organisation. This entity would be responsible for ensuring the equitable distribution of royalties, upholding the interests of human authors, contributing to regional development agendas, and fostering cultural diversity and innovation. In essence, the integration of AI into the creative process mandates an adaptive regulatory framework to preserve the viability of human authorship while cultivating a resilient and sustainable creative economy.

To register click here.