WILL THE REAL SLIM SHADY PLEASE STAND UP? ENIMEN, A.I MUSIC AND THE NEXT FRONTIER OF MUSIC GENERATION.
Will the real slim shady please stand up?
Enimen, A.I music and the next frontier of music generation
Will the real slim shady please stand up? 🤔
Eminem, A.I music and #intellectualproperty in the next frontier of music generation.
This post below from @Max Penk, shows how musician David Guetta just used A.I to write lyrics in the style of Enimem, and another A.I engine, to create and impersonate Enimen’s voice, to the delight of a raving crowd.
In this post I explore the issues in Intellectual Property law below with sampling, or even impersonating new work with Artificial Intelligence (A.I).
⭐️💡 Eminem will retain the copyright ownership of his name, rights, image, and lyrics, and the level of similarity between the new content produced by the A.I. engine will determine if Dave Guetta has breached Enimens copyright.
⭐️💡 Eminem is a registered trademark, and its owner has the right to use it and defend it in all the countries where it is registered. The World Intellectual Property Agency confirms that it is widely protected and defensible throughout several countries in the world.
⭐️💡If a short sample is used the doctrine of “Fair Use” may be applied however this is usually on the basis of education, criticism (review) or reporting news. If A.I is used for commercial gain it is unlikely to be considered “Fair”
⭐️💡If a sythesisted voice was used to sell new music, actions for misleading and deceptive conduct may be taken under consumer laws by the owner of the work.
⭐️💡 The right of passing off may also be exercised at common law if a synthesised voice or ‘replicant’ of an artists is used to pass off an artists work.
⭐️💡 The use of the A.I. engine for generating new content will depend on the amount of content used and how it is used for commercial gain.
Ultimately, the legality of the new content produced will depend on how it is generated and used. Artists have been referencing each other for centuries, it will depend on what is considered ‘reasonable’ or fair.
At this stage an AI program cannot own the copyright within music, and a music label could still own the image, voice and catalagoue of an artist, including any A.I derivative works.
Sampling and remixing work is not new, however, there are potential legal issues related to copyright infringement, as the use of existing copyrighted material in a new work requires permission from the original copyright holder.
A.I tools may also be used to analyse whether content is creating derivative works, and it may actually be used in the enforcement of copyright, so music and copies of musician works can be determined to be the real slim shady. Or not.
In summary, while AI has the potential to revolutionise the music industry it also raises new legal and ethical questions. As technology advances, it is important to continue to consider the impact of AI on intellectual property and to establish clear guidelines and regulations to protect the rights of creators and copyright owners.
What degree of AI sampling in music or art do you believe to be fair? ⭐️💡
