On August 21, 2023, Alphabet (Google) announced that, in cooperation with Universal Music Group (UMG), it will explore the use of AI on the company’s YouTube platform. This collaboration aims to ascertain the application of AI for musicians and explore research that intersects with art. UMG is the first label to partner with YouTube and will explore the application with artists such as Anitta, ABBA’s Bjorn Ulvaeus, and Max Ritcher. According to the company’s blog post, YouTube is creating the “Music AI Incubator.” “The incubator will help inform YouTube’s approach as we work with some of music’s most innovative artists, songwriters, and producers across the industry, across a diverse range of cultures, genres, and experiences.” (https://blog.youtube/inside-youtube/partnering-with-the-music-industry-on-ai/)
This interest comes after the success in April of the AI-generated song “Heart on My Sleeve.” Although a hit on TikTok and other DSPs, the song was soon embroiled in controversy as the backing vocals were eerily like Drake and The Weeknd. As such, streaming services, such as Spotify and YouTube, removed the extended version of the song. Universal, in a statement, stated, “The training of generative AI using our artists’ music (which represents both a breach of our agreements and a violation of copyright law) as well as the availability of infringing content created with generative AI on DSPs, begs the question as to which side of history all stakeholders in the music eco-system want to be on: the side of artists, fans and human creative expression, or on the side of deep fakes, fraud and denying artists their due compensation.” (https://www.ft.com/content/aec1679b-5a34-4dad-9fc9-f4d8cdd124b9)
The case did not rise to the courts as the parties responsible removed the music from the various DSPs. Nevertheless, it may not have held up in court, as the sole ruling on AI and creation occurred in the DC district courts. In Thaler v. Perlmutter, Stephen Thaler endeavored to register a painting with the US. Copyright Office. What is unique is that he tried to file for copyright naming the AI (AKA the Creativity machine) as the author with a transfer to him (a work-for-hire) as the machine’s owner. The Copyright Office rejected his claim, as they stated that the work was generated by AI and as such “lack[ed] traditional human authorship.” (https://www.documentcloud.org/documents/23919666-thalervperlmutter) Furthermore, the doctrines of property transfer are irrelevant, as no property existed in the first place. The law states that a computer cannot transfer a non-existent copyright to a secondary owner.
With the rapid growth of generative AI and other forms of computer-generated intelligence (i.e. ChatGPT) Many companies are beginning to invest in this technology to gain a competitive advantage. The agreement between UMG and YouTube is the first of presumably many to investigate the monetization opportunities for music companies, DSPs, and artists. In order to develop a robust environment that embraces AI and music organizations, YouTube is framing the incubator on a series of principles that embrace common goals. The first principle states that “AI is here, and we will embrace it responsibly together with our music partners” (https://blog.youtube/inside-youtube/partnering-with-the-music-industry-on-ai/). This statement admits the inevitability of AI as either a disruptive technology or one that will be central to creating and disseminating music on social media platforms. Using platforms such as YouTube, working with UMG will precede other major labels and music organizations. The second principle states, “AI is ushering in a new age of creative expression, but it must include appropriate protections and unlock opportunities for music partners who decide to participate.” (ibid) The public has criticized YouTube for its protective algorithms. Either the systems have been too stringent or have allowed for content that has violated laws (look for the law in the previous article). The company is now looking at generative AI to solve this issue and provide a digital rights management system that is more robust than present. Finally, the third principle states, “We have built an industry-leading trust and safety organization and content policies. We will scale those to meet the challenges of AI.” (ibid) The question of AI’s ability to be a panacea for all issues associated with online e-commerce has been a tantalizing goal for companies. As the processing power of AI increases, new systems will significantly change how content is posted and reviewed on the web.
Ultimately, AI systems will be scaled to meet the potential increase in demand. Therefore, this initiative is the first step in what YouTube intends to develop for the future. Google hopes that the policies will assist the company in verifying the validity of content ownership and payments, especially as cases such as “Heart on My Sleeve” become ubiquitous. Many music business news outlets have reported that YouTube is looking at using AI to monitor for deepfakes, especially the visual likeness and voice of artists. Nevertheless, there is also speculation that YouTube and UMG are beginning to develop licensing of an artist’s voices and melodies for artificial intelligence-generated songs. This development opens the way for a new form of licensing that includes non-traditional formats and an artist’s image and sound.
The Analytical Musician 