How AI Affects Our Understanding of Musical Works That Should Be Protected by Copyright

Amanda M. Horzyk · 2023

Applying Artificial Intelligence (AI) algorithms in creative works challenges the justifications and effectiveness of Copyright Protection aimed at human authors. AI -assisted musical works influence the value of rights held by stakeholders in the music industry associated with human artists' earnings, the production of new original works, and public access to pro-tected compositions. The lenient approach that allows computer-generated works to invoke copyright protection questions how the law perceives what constitutes ‘original’ works. The philosophical research question of this paper asks, ‘how do AI-assisted works affect our understanding of musical creation and their copyright protection.’ The work incorporates a doctrinal approach to expose how AI tools compromise the presumptions behind the originality criteria of creative freedom, independent creation, and human authors' labor, skill, and judgment. Following the creative process adopted in compositions and exposing elements that attract copyright protection, the discourse reveals how AI imposes a quantifiable nature upon melodies. The findings show that the limited spectrum for musical creation and the expedited and low-cost process of AI-assisted compositions undermine justifications behind copyright protection. The paper seeks to expose and bridge the gap between AI tools application and their socio-legal impact on the music industry.

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