With generative AI threatening music copyright, is the government’s opt-out system enough to reassure songwriters?
News Report: AI vs Music Copyright
The EU have their own opt-out system for copyrighted music, receiving much criticism with many claiming it favours freedoms for AI while infringing on the rights of artists. Now, the UK government is looking to establish their own version of this contested system. Read below about the battle of AI vs music copyright.
The Rights Reservation Mechanism Explained…
With major players in the AI music space Suno and Udio admitting to using unlicensed copyright material to train their AI, it’s clear more robust legislation is needed. But why does the UK government’s recent consultation on generative AI and copyright have so many in the music industry worried?
The government wants to ease regulation on AI companies so the sector can thrive and develop in the UK with minimal obstruction, which could mean providing easier access to copyrighted music.
An EU style opt-out system has been proposed, the “rights reservation mechanism”, allowing AI companies to access any copyrighted music unless songwriters or rightsholders have opted-out from that particular company’s policy. This puts the burden on songwriters to make sure companies can’t use their music, rather than the companies themselves being responsible for copyright infringement.
What are the specific concerns with the proposed opt-out system for songwriters?
Many in the music industry claim it provides insufficient protection to songwriters because of the technical and practical difficulties involved, as well as a lack of transparency required from AI companies.
UK Music chief Tom Kiehl points to the many practical problems with such a system as already evidenced in the EU’s existing provision – the main one being it’s virtually impossible to navigate, requiring much time and technical knowledge from songwriters to opt-out their music.
In summary, this system puts the responsibility on songwriters to express their rights in each individual case or company’s policy, rather than AI companies obtaining specific licenses for each creative work.
So what can songwriters do now to mitigate these risks?
Creators can join Tom Kiehl and others demanding an “opt-in” alternative. He has put forward proposals for an up-to-date, centralised depository for AI companies to verify works that have been opted-out.
Another option would be joining the Creative Rights Organisation, who are putting forward a collective express rights reservation notice for all their members, which adheres to Article 4 of the EU’s DSM Directive – the EU’s already existing version of the Rights Reservation Mechanism.
The CRA also encourages artists and songwriters to make use of the Intellectual Property Enterprise Court to combat infringement, which also has a small claims track option for smaller songwriters and rightsholders.
In addition, existing AI detection tools like CoverNet can be used to find unlicensed uses of copyrighted works by generative AI – a great way for songwriters to actually use AI to their advantage.
