AI-Created Music and the Lessons of Copyright History

The challenge posed by generative AI to copyright law, which aims to safeguard human creativity, is significant, as this technology can create songs, images, and texts almost instantaneously. Presently, most legal frameworks, including the US case Thaler v Perlmutter (2023) and EU regulations requiring an author’s ‘own intellectual creation,’ do not grant copyright to works generated by AI. Historically, copyright has adjusted to technological advancements; for example, sound recordings were not protected for many years—34 years in England and Wales (Copyright Act 1911), until 1971 in the US (Sound Recording Amendment), and 1985 in France. Now, they are covered by neighbouring rights and are vital to the music sector. The UK's Copyright, Designs and Patents Act 1988 permits computer-generated works, attributing authorship to the individual responsible for the necessary arrangements. Recent consultations by the UK government suggest copyright is viewed as a means for growth and innovation, indicating potential future changes. The key issue may evolve from whether AI-generated works warrant protection to whether copyright can still be considered 'intellectual' property if human intellect is not a prerequisite.