A New Frontier: The Music Industry’s Struggle Against Generative AI

Authors

Vaughn Gendron, University of Miami School of Law

Document Type

Comment

Abstract

Since the modern notion of artificial intelligence emerged in 2014, AI has rapidly developed into a technology with vast generative capabilities. This technology has allowed for the creation of copious amounts of AI-generated media content. One of the most impacted industries by this evolution is the music industry. In April of 2023, an unidentified user produced a viral AI-generated song titled “Heart on My Sleeve” in the vocal likeness of both Drake and The Weeknd. The song’s instant popularity among consumers shattered the music industry’s long-held belief that listeners would always prefer human creativity over artificial creation. This shift in perception has led to an inundation of AI-generated music across various music platforms, through which many current artists’ voices are being artificially replicated.

As artists’ voices are being used without permission and AI voice models are being trained using unlicensed copyrighted music, the music industry has begun to push back. Current intellectual property law is ill-equipped and unprepared to handle the rise of generative AI. Consequently, many music rights holders find themselves legally constrained from protecting their intellectual property from a technology that is generating commercial content that directly encroaches on their creativity and music.

This Comment will address possible current IP protections for music rights holders, via copyright law, trademark law, and the right of publicity. Additionally, it will examine current actions taken by the music industry to combat AI through litigation, legislative lobbying, and self-regulation. Lastly, this Comment will offer several potential short-term and long-term solutions for the music industry as it confronts the challenges posed by unregulated generative AI.

Recommended Citation

Vaughn Gendron, A New Frontier: The Music Industry’s Struggle Against Generative AI, 33 U. MIA Bus. L. Rev. 161 (2024)
Available at: https://repository.law.miami.edu/umblr/vol33/iss1/8