By Hayleigh Bosher and first published on the IPKat
AI and copyright is one of the hottest topics of the time in IP at the moment. This is hardlysurprising since it raises so many interesting questions about creativity and
ownership. As Prof. Bernt Hugenholtz argued at the March Alicante Congress
on AI and IP [reported here] that copyright protection – if any - for AI-generated
works needs to be balanced against the overarching goals that such
protection aims to achieve.
ownership. As Prof. Bernt Hugenholtz argued at the March Alicante Congress
on AI and IP [reported here] that copyright protection – if any - for AI-generated
works needs to be balanced against the overarching goals that such
protection aims to achieve.
However, this has not stopped Warner Music signing a bundle of code to
create 20 new albums this year! Warner Music is an American multinational
entertainment and record label, the third largest in the global music industry,
with artists from Ed Sheeran, Coldplay, Madonna to Led Zeppelin.
The latest to be "signed" by the multi-billion dollar company, is an algorithm.
create 20 new albums this year! Warner Music is an American multinational
entertainment and record label, the third largest in the global music industry,
with artists from Ed Sheeran, Coldplay, Madonna to Led Zeppelin.
The latest to be "signed" by the multi-billion dollar company, is an algorithm.
Endel, developed by a start-up based in Berlin, creates tailor-made custom
sound frequencies based on personal user inputs such as weather, time of day,
location, and biometric details such as heart rate.
sound frequencies based on personal user inputs such as weather, time of day,
location, and biometric details such as heart rate.
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Evidently, Endel is not signatory
to the contract with Warner, as such.
The company has agreed a 50/50
distribution deal, covering a total of
20 albums that will be released
throughout 2019 with Warner Music.
(Cat SamplingImage: Andy Miccone
This is not the first time AI-generated
music has created distribution deals.
Aiva Music is a composition
algorithm that famously became the
first AI to register with a collecting
society (SACEM) and
recently partnered with Believe Distribution (owned by Song Records) to release
its latest album. Sony also has its Flow Machines project, which involves
a algorithmic composition tool that is formally credited as a songwriter,
producer, instrumentalist and/or vocalist in all of the tracks’ liner notes for its
debut album 'Hello World'. However, the creators also include a list of
human contributors who provided songwriting, instrumentation,
mixing and mastering support.
music has created distribution deals.
Aiva Music is a composition
algorithm that famously became the
first AI to register with a collecting
society (SACEM) and
recently partnered with Believe Distribution (owned by Song Records) to release
its latest album. Sony also has its Flow Machines project, which involves
a algorithmic composition tool that is formally credited as a songwriter,
producer, instrumentalist and/or vocalist in all of the tracks’ liner notes for its
debut album 'Hello World'. However, the creators also include a list of
human contributors who provided songwriting, instrumentation,
mixing and mastering support.
The Endel-Warner deal is a step forward in that there are no human collaborators
in the generation of the new sounds. Nevertheless, a human - aside from
obviously creating the AI - also had to, input sounds and data into Endel.
Interestingly Stavisky describes the work as being "generated based
on different combinations of inputs" rather than created.
in the generation of the new sounds. Nevertheless, a human - aside from
obviously creating the AI - also had to, input sounds and data into Endel.
Interestingly Stavisky describes the work as being "generated based
on different combinations of inputs" rather than created.
Some of these inputs, or instrumental stems, were created by Endel's
co-founder and sound designer Dmitry Evgrafov. Each sound is then
allocated metadata according to certain parameters which the app
can read and use to generate a soundscape. So, whilst it might seem that
the sounds are created with a click of a button, Stavisky explained that it
took "1.5 years of work developing our algorithm and creating and
tagging the stems.”
co-founder and sound designer Dmitry Evgrafov. Each sound is then
allocated metadata according to certain parameters which the app
can read and use to generate a soundscape. So, whilst it might seem that
the sounds are created with a click of a button, Stavisky explained that it
took "1.5 years of work developing our algorithm and creating and
tagging the stems.”
In terms of copyright ownership, on a theoretical level some argue that
the creator of the AI might be the owners of the outputs, others suggest that
it could be the AI system itself. Other potential owners could be the creator
of the "inputs" on the basis that this is the personality being expressed.
Or, perhaps, the investor of the AI project on an economic justification
of remuneration as encouragement.
the creator of the AI might be the owners of the outputs, others suggest that
it could be the AI system itself. Other potential owners could be the creator
of the "inputs" on the basis that this is the personality being expressed.
Or, perhaps, the investor of the AI project on an economic justification
of remuneration as encouragement.
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| Endel: "Personalized sounds to help you focus and relax" |
it was practical issue. Stavitsky said
that when Warner asked for the
songwriter information in order to
register the copyright of the music,
they decided to list the co-founders
and software engineers, saying
“I am now credited as a songwriter
even though I have no idea
how to write a song."
So, whilst we are still discussing what we think the outcome should be in theory,
in practice some are marching ahead on the basis that the copyright holders
are the company founders and the AI engineers. At this stage, given the
extensive skill, labour and effort that went into the development of Endel
it might not be so controversial. But what happens if [when] it is a self-learning
machine that doesn't require as much human effort?
in practice some are marching ahead on the basis that the copyright holders
are the company founders and the AI engineers. At this stage, given the
extensive skill, labour and effort that went into the development of Endel
it might not be so controversial. But what happens if [when] it is a self-learning
machine that doesn't require as much human effort?
So many other questions come to mind - is Endel sampling? Do they need
a licence? Who would be liable if Endel created an infringing piece of music?
All of the registered copyright holders? The specific engineer who input a
copyright protected work? But it is only if Endel uses a substantial part of
that work in a new song that it would be infringing. Are the engineers able
to programme the system not to take a substantial part? As we well know,
its not about quantity in which case that might be viable, but since it is
something decided on "quality", on a case by case basis, it's not so straight
forward.
a licence? Who would be liable if Endel created an infringing piece of music?
All of the registered copyright holders? The specific engineer who input a
copyright protected work? But it is only if Endel uses a substantial part of
that work in a new song that it would be infringing. Are the engineers able
to programme the system not to take a substantial part? As we well know,
its not about quantity in which case that might be viable, but since it is
something decided on "quality", on a case by case basis, it's not so straight
forward.
The future for copyright and AI remains to be seen, but it appears
that the time is ripe to be discussing such issues!
that the time is ripe to be discussing such issues!
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