Chapter 11 - AI-Generated Music and Copyright Ownership: Challenges in the International IPR Framework

The breakthrough of artificial intelligence (AI) in creative industries has sparked intellectual property rights (IPR) concerns, particularly regarding copyright ownership of AI-generated music. The essence of IPR is to protect creators’ ownership over their intellectual output, providing economic incentives for innovation. However, AI-generated music challenges traditional copyright frameworks by introducing multiple potential owners: the algorithm’s developer, the data provider, the original copyright holders of the training data, or the end-user who generates the final musical composition. This raises critical questions about whether AI-generated music can be granted copyright under existing International IPR laws and whether such recognition would infringe upon the rights of original copyright holders. The lacuna in legal frameworks creates uncertainty in the music industry, where AI-generated compositions are becoming increasingly common. Some jurisdictions deny copyright protection to AI-generated works, arguing that creativity requires human authorship, while others explore the possibility of granting limited rights to AI-assisted compositions. The issue is further complicated by the need to balance innovation with ethical concerns, particularly regarding the potential exploitation of original artists whose works are used to train AI models without explicit consent. Additionally, the global nature of the music industry necessitates the establishment of universal norms to address copyright disputes and ensure fair compensation mechanisms. While AI offers opportunities for new forms of creativity, it also disrupts traditional music production, potentially marginalizing human artists and reshaping industry dynamics. This paper examines the existing international legal framework, evaluates the need for amendments, and explores the broader implications of AI-driven creativity on fair competition and industry sustainability.