This is an important heads-up for all composers and songwriters regarding the licensing of your musical compositions to “train” Gen AI
It has recently come to the attention of Music Creators North America (MCNA), the Society of Composers & Lyricists and (SCL), the Songwriters Guild of America (SGA) that you may have recently been contacted by one or more copyright administrators concerning their intention to license your works for use in the so-called “training” of Generative AI systems.
We urge you be extremely cautious in assigning Gen AI ingestion rights in your works to any third party (whether a copyright administrator or a Gen AI system) without first consulting with your legal and business advisors. These rights are likely of enormous importance to your future ability to earn a living as a music creator, and their protection should be among your highest professional priorities.
The law relating to the unauthorized, mass ingestion of copyrighted musical works into Gen AI systems to serve as the basis for manufacturing derivative works is claimed by many prospective users to be “unsettled.” We think it highly unlikely, however, that such unlicensed activity will be deemed a “fair use” in any copyright-respecting jurisdiction in the world. At least one US court has already ruled that such unauthorized uses are presumptively not fair, and likely constitute infringements.
Never the less, many creator groups, including ours, are currently hard at work in Washington, DC discussing legislative clarifications that will provide absolute clarity to Gen AI system operators regarding the necessity for licensing ingestion rights and the risks and consequences of not doing so. We are also discussing clear legislative confirmation of Gen AI output rights for creators of ingested works (part of our sui generis “unique circumstances” approach to protecting composer and songwriter rights in the age of artificial intelligence). International efforts to expand creator rights in regard to Gen AI by MCNA’s global creator alliances mirror our domestic efforts, and are likewise ongoing.
While this legislative process continues, it is crucial for creators not to prematurely compromise their rights without seeking individual advice from trusted advisors and paying close attention to emerging developments.
We recommend that if you receive a communication from a Gen AI system operator, or from an administrator or other party purporting to claim the right to represent you in Gen AI ingestion licensing, that you seek immediate, independent advice. If applicable, you may also wish to inform any inquiring party that a “negative option” giving them such rights without your specific, written confirmation is wholly ineffective and inappropriate, whether you formally opt out or not. It is important not to make the mistake of giving away highly valuable rights without proper, individualized guidance that protect you from the potential conflicts of interest of your representatives, and/or irrevocable, confiscatory licensing arrangements with Gen AI system operators.
