The burgeoning field of artificial intelligence is facing intense scrutiny from the music industry, which accuses major tech companies of engaging in widespread, unauthorised use of copyrighted music to train AI models. This alleged "largest intellectual property theft in human history" has sparked a fierce debate over copyright law, fair use, and the future of creative work in the age of AI.
The Allegations of Mass Copyright Infringement
An investigation by the International Music Publishing Trade Association (ICMP), detailed in reports by Billboard and MusicRadar, claims that tech giants like Google, Microsoft, Meta, OpenAI, and X have systematically "scraped" millions of copyrighted songs and lyrics. This data is allegedly used to train generative AI systems, including music-making apps and large language models.
Extensive Evidence: The ICMP has compiled a dossier of evidence, including private datasets, leaked materials, and analyses of AI model outputs, demonstrating the unlicensed use of music on a global scale.
Prominent Artists Affected: Works by artists such as The Beatles, Mariah Carey, The Weeknd, Beyoncé, Ed Sheeran, and Bob Dylan are among those reportedly used without permission.
Specific AI Models Implicated: Allegations point to the use of copyrighted music in training models like Meta's Llama 3, OpenAI's Jukebox, Microsoft's Copilot, and Google's Gemini.
Tech Companies' Defence and Legal Battles
In the United States, tech companies often argue that using copyrighted material for AI training falls under "fair use." However, this defence is not universally accepted, and legal challenges are ongoing. A California federal judge has noted that whether training AI models with copyrighted material constitutes infringement or fair use remains an "open question."
In contrast, the EU's AI Act offers stronger protections for rights holders, mandating respect for existing copyright law regardless of data sourcing. The ICMP highlights a perceived double standard, where tech companies advocate for data access exceptions while imposing strict restrictions on the use of their own content.
The Impact on Creators and the Future of Music
Creators and publishers argue that this unauthorised use undermines their livelihoods, devalues their work, and erodes the incentive to create new art. The potential consequences include the displacement of lyric writers and the disruption of existing royalty streams. The ICMP stresses that this is "not a victimless crime" and calls for a future where AI development adheres to a "license or desist" principle.
Calls for Regulatory Action
Industry bodies are urging governments to act decisively. Recommendations include requiring AI products to demonstrate copyright compliance, mandating the removal of unlawfully used material from AI offerings, and ensuring proper consent and payment for creators. The debate is framed as a critical battle for the future of cultural production and the rule of law in the digital age.