After Drake and The Weeknd’s fake song: Is AI for music a threat or a help?
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In recent days, the news of the creation and diffusion on streaming platforms and on TikTok of a fake cover of Drake and The Weeknd made with artificial intelligence has created a sensation. In a few hours the fake song Heart on My Sleeve was removed but had already generated over 800 thousand plays.
It’s just the latest example of how generative AI has reached unimaginable levels of realism. The ability to create such a realistic and specific new work is staggering and could represent a serious threat and challenge for right holders, musicians and companies investing in them. In recent days Universal Music had intervened with a communication to the platforms in which it warned the DSPs about the possible pollution of the platforms with contents generated by artificial intelligence which they however use for training andingestion original legitimate content belonging to rights holders such as record companies.
The innovation introduced by the new frontiers of generative artificial intelligence is certainly positive for a whole series of activities and projects carried out by the music industry. Already today iThe industry makes extensive use of AI in training smart speakers, streaming platform algorithms, creative production aids. Instead, what remains in an obscure area are the potential of AI related to the creation of content without human intervention, the creation of deepfakeas in the case cited, and the use of protected contents without the authorization of the right holders.
At the major event dedicated to new technologies and creative content, SXSW 2023 in Austin, a relevant supply chain of the music sector, which includes the American record industry, the RIAA, the British BPI and FIMI, the federation of the Italian music industry, have launched the initiative Human Artistry CampAign which introduced the fundamental principles for the applications of artificial intelligence in support of human creativity and talent: the project boasts a coalition of about 50 organizations supporting the project.
Among the founding principles of the campaign there is certainly that for which artificial intelligence has many valuable uses even outside the creative process itself, including those that amplify fan connections, refine personalized recommendations, identify content quickly and accurate, help with scheduling, automate and improve payment systems, and more.
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As far as creativity is concerned, however, it is an essential element that copyright protection exists to help foster and reward human creativity, skill, work and judgment, not the output created and generated solely by machines. Human creators, whether using traditional tools or expressing their creativity using computers, are the foundation of the creative industries and we need to ensure that human creators are paid for their work. This means that within the framework of the regulations and the positions of the institutions it must be clear that the creation of contents without the human contribution cannot enjoy the protection of copyright laws. Also, the use of copyrighted works requires the authorization of the owner of the rights. Artificial intelligence must be subject to free market licenses for the use of works in the development and training of artificial intelligence models. Creators and rights holders must retain sole control over determining how their content is used. AI developers must ensure that any content used for training purposes is approved and licensed by the rights holder, including content previously used by any pre-trained AI. Additionally, the voices and likenesses of performers and athletes are to be used only with their permission and fair market compensation for specific uses.
It is essential then keep complete track of copyrighted works, performances and images, including how they have been used to develop and train any AI system. Algorithmic transparency and clear identification of a work’s provenance are critical to AI trustworthiness. Stakeholders should work collaboratively to develop standards for technologies that identify the input used to create AI-generated output. In addition to obtaining the appropriate licenses, AI-generated content alone should be labeled describing all inputs and the methodology used to create it, informing consumers’ choices, and protecting creators and rights holders.
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On this point, recent European legislation has already offered some guarantees with reference to data extraction, in the context of text and data mining. While introducing an exception that includes extraction, the Italian legislation on the subject is very clear. Article 70 ter of the Copyright law which defines text and data mining, the extraction of text and data, as “any technical automated aimed at analyzing large quantities of text, sound, image, data or metadata in digital format with the purpose of generating information, including patterns, trends and correlations”.
However, as required by the law, companies or developers who intend to use copyrighted works to train a generative artificial intelligence system will have to meet three criteria:
- obtain legitimate access to data;
- verify that the right holders have not reserved the right to make the reproductions for TDM purposes;
- keep copies made only for as long as necessary for TDM purposes.
The regulation of artificial intelligence, as mentioned, does not mean opposing this great opportunity offered by technologies for the development of the sector. Music AI tools are generally powerful and enabling: they unlock artists’ creativity and open up opportunities for new and innovative forms of music. But, of course, they can also be used for ambiguous reasons and between these two extremes there are a number of issues, such as those mentioned, which need to be addressed now to ensure healthy market development and the protection of consumers and fans.
*President of FIMI; Federation of the Italian Music Industry
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