Can AI-Generated Music Be Copyright Protected in the USA?

Question from Joe Smith, Can AI-Generated Music Be Copyright Protected in the USA?

Answer from AI:

The question of whether AI-generated music can be copyright protected is a complex one. The U.S. Copyright Office has traditionally only granted copyright protection to works created by human beings. However, the rise of AI has challenged this notion and the law is still evolving in this area.

Current Copyright Law

Under the current U.S. copyright law, specifically the Copyright Act of 1976, copyright protection is only available for “original works of authorship fixed in any tangible medium of expression.” The U.S. Copyright Office has interpreted this to mean that a work must be created by a human being to be eligible for copyright protection. This interpretation was affirmed in the Compendium of U.S. Copyright Office Practices, which states that “the Office will not register works produced by nature, animals, or plants” or “a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.”

AI and Copyright

When it comes to AI-generated music, the question of authorship becomes complicated. If an AI platform generates a song, who is the author? Is it the person who programmed the AI? The person who inputted the data? Or the AI itself? Currently, the U.S. Copyright Office does not recognize AI as an author. Therefore, if a song is entirely generated by an AI with no creative input from a human, it may not be eligible for copyright protection.

Future of AI and Copyright Law

The law is always evolving, and it’s possible that future legislation or court decisions could change the current interpretation of copyright law. Some legal scholars argue that AI-generated works should be protected by copyright, while others believe that they should be in the public domain.

Legal Advice

If you’re considering using an AI platform to create music, it’s a good idea to consult with a legal professional. They can provide personalized advice based on the specifics of your situation and the most recent legal developments.

Remember: This information is a general explanation and should not be taken as legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.

For more information, you can refer to the U.S. Copyright Office’s Circular 1: Copyright Basics and the Compendium of U.S. Copyright Office Practices, Chapter 300.