AI Music is Everywhere. Is it Legal?

AI art is everywhere now. According to the music streaming platform Deezer, 18 per cent of the songs being uploaded to the site are AI-generated. Some of this stuff is genuinely cool and original – the kind of work that makes you rethink what art is, or what it could become.

But there are also songs that sound like Drake, cartoons that look like The Simpsons, and stories that read like Game of Thrones. In other words, AI-generated work that’s clearly riffing on – or outright mimicking – other people’s art. Art that, in most of the world, is protected by copyright law. Which raises an obvious question: how is any of this legal?

The AI companies claim they’re allowed to train their models on this work without paying for it, thanks to the “fair use” exception in American copyright law. But Ed Newton Rex has a different view: he says it’s theft.

Newton Rex is a classical music composer who spent the better part of a decade building an AI music generator for a company called Stability AI. But when he realized the company – and most of the AI industry – didn’t intend to license the work they were training their models on, he quit. He has been on a mission to get the industry to fairly compensate creators ever since. I invited him on the show to explain why he believes this is theft at an industrial scale – and what it means for the human experience when most of our art isn’t made by humans anymore, but by machines.

Mentioned:

Copyright and Artificial Intelligence: Generative AI Training, by the United States Copyright Office

A.I. Is Coming for Culture, by Josha Rothman (The New Yorker)

Machines Like Us is produced by Mitchell Stuart. Our theme song is by Chris Kelly. Host direction by Athena Karkanis. Video editing by Emily Graves. Our executive producer is James Milward. Special thanks to Angela Pacienza and the team at The Globe and Mail. Media sourced from BBC News.

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