UK Music campaigns on behalf of the music industry to ensure emerging technology is supportive of the creative industries and that the music industry is at the forefront of innovation.
UK music is part of the creative technology (CreaTech) boom, with the expansion of virtual reality (VR), collaborative Web 3.0 technology and artificial intelligence. The UK creative tech sector attracted the third highest amount of foreign venture capital investment behind the US and China in 2021. (TechNation 2021).
The accelerating development and adoption of artificial intelligence tools brings opportunities and challenges for the music sector. We are a highly innovative industry that readily embraces emerging technologies. As an assistive tool, songwriters, producers, and artists use AI to aid the creative process and provide analytics on fan engagement and audience behaviour. Moreover, at an industry level, music publishers and record companies are using AI to detect copyright infringement and predict consumer trends. However, we must ensure that AI continues to enable human creativity rather than erode it.
What Are The Issues?
One key challenge has been the potential threat posed by a plan that would allow technology firms to data mine the music of UK creators. This threat emerged in the summer of 2022 following the publication of the Government’s response to its consultation, Artificial Intelligence and Intellectual Property: Copyright and Patents.
The Intellectual Property Office (IPO) proposed the introduction of a new copyright exception, which would allow the mining of text and data for any purpose, including copying music without permission, and without the option for writers and artists to opt out.
The proposal triggered fierce opposition right across the UK music industry, and the wider cultural industries. UK Music believes the proposal would have allowed third parties to copy creative works, including music, for data mining purposes, without the need to ask creators and rightsholders for permission.
Not only does the plan remove any opportunity for creators to get compensation for their creativity and talent, creators would also be unable to prevent any abuse of their work by a computer programme.
UK Music called on the Government to reject the plan ahead of any proposed legislation and the Government announced that this plan would not be taken forward.
However, since then more challenges have been identified. Many generative AI systems are being developed without regard to the rights of others and without the consent of the original music makers or rightsholders. Protections provided by IP law are a crucial incentive for human artistry, so policymakers must protect creators’ and rightsholders’ freedoms to choose how their works are used.
Creators identities are also being copied, with false images and sound-a-likes of famous creators having gone viral in 2023-2024.
In addition, AI’s implications transcend national boundaries, and the UK should work to ensure international cooperation. Such action will allow the UK’s AI and music industries to thrive in tandem.
5 Key Principles of Encouraging Responsible AI
As the collective voice of the UK music industry, UK Music has outlined a five-point plan that UK Music and its members are calling on the Government to support as ministers consider potential legislation around AI.
The five key principles that UK Music believes the Government should adopt when approaching the issue of AI regulation are:
- Creators’ Choice: The creator, or their chosen rights holder, should be able to decide if and how they want to use their creative talent. This certainty underpinned by legal rights (copyright) should not be undermined by any exception to copyright or compulsory licensing during the input stage. Users need to respect creators’ choice as baseline for any discussions.
- Record Keeping: It is important that in the input stage, the tech providers keep an auditable record of the music ingested before the algorithm generates new music. This is the only point in the process when these data points can be documented.
- Human Creativity: Without human creativity there should be no copyright.
- Labelling. Music generated by AI should be labelled as such.
- Protection of Personality Rights. A new personality right should be created to protect the personality/image of songwriters and artists.
More information on the key principles can be found here.
The five principles led to the development of four key policy asks that UK Music and members are asking Government and policymakers to implement.
Ensure AI-Generated Music Is Identifiable, Either Through Labelling Or Within The Metadata, To Distinguish It From Human Created Works
Labelling AI generated products as such allows human creators to be properly recognised for their intellectual contributions and helps protect them from unauthorised exploitation. Labelling also protects consumers from misleading representations of what is or is not AI-generated.
Commit To Respecting Creators’ And Rightsholders’ Choice By Ruling Out Any New Copyright Exceptions Or Extensions To Existing Ones
In early 2023, the Government rowed back on plans to allow AI developers to use copyright protected works without the permission of creators and rightsholders. These failed plans highlight the need for policymakers to engage more effectively with the creative industries on AI-related issues and to ensure damaging copyright exceptions remain off the table.
Require Those Using Music As Part Of The AI Training Process To Maintain Records Of Trained And Ingested Works
Maintaining records of music ingested by AI applications is vital, especially when determining the consent of the original creators and rightsholders. There is currently no legal requirement to disclose the material AI systems are trained on. Requirements for record keeping and disclosure are included in regulatory AI proposals across the world, notably in the EU and China. The UK must avoid being an outlier on this issue.
Introduce Personality/Image Rights Into The UK legal Framework
AI can mimic human creativity, as evidenced by recent examples of music that unlawfully replicated the voices of Drake and Eminem. This technology can easily be abused for misappropriation or false endorsement, potentially inflicting damage on the reputation of artists, songwriters and rightsholders. The absence of a specific personality right in UK law means there are currently limited protections for creators in this space.
If you would like to read more about our asks to Government read our Manifesto for Music.
UK Music Activity
- In June 2022, the IPO published the Artificial Intelligence and Intellectual Property: copyright and patents report. which proposed a text and data mining exemption for training AI and UK Music responded with an opinion piece for The Times Red Box (£).
- In July 2022, UK Music wrote a letter to the Culture Secretary warning about the potential impact of the text and data mining plans, which can be read here.
- In November 2022, UK Music’s Legal Consultant wrote a piece outlining the issues of text and data mining, which can be read here.
- In December 2022, UK Music’s CEO outlined the issues in a piece for the Musicians’ Union’s The Musician magazine, which can be read here.
- In February 2023, UK Music supported a debate held by Sarah Olney MP on the potential impact of artificial intelligence on intellectual property rights for creative workers, at which Minister for IP George Freeman said that the proposals would not be taken forward and that further more in-depth discussion would take place. Read more here.
- In April 2023, we joined the Human Artistry Campaign.
- In May 2023, the UK Music CEO gave evidence at evidence at the Science, Innovation and Technology committee inquiry into the Governance of AI.
- Over the summer of 2023, the IPO held roundtables with the creative industries and tech companies to discussion the key issues, which UK Music took part in.
- In July 2023, the Culture, Media and Sport Committee published the Connected Tech: AI and Creative Technology report. UK Music also published a music industry AI position paper after extensive consultation with the industry, which can be read here and UK Music wrote to the new Culture Secretary, which can be seen here.
- In August 2023, the Science, Technology and Innovation Committee published the Governance of Artificial Intelligence report, which UK Music had submitted evidence to.
- In September 2023, the Competitions and Markets Authority published the AI Foundation Models: initial review, which UK Music had submitted evidence to. Our submission can be found here. UK Music and members also met with a key official of Prime Minister Rishi Sunak and UK Music published its Manifesto for Music, which included key policy asks on AI, which can be read here.
- In October 2023, AI was discussed at UK Music party conference events.
- In November 2023, UK Music wrote to the Prime Minister ahead of the AI Safety Summit.
- In December 2023, the UK Music Chief again outlined the issues surround AI and the music industry to the MU’s The Musician, which can be read here.
- In February and March 2023, UK Music will be supporting the All-Party Parliamentary Group on Music with its AI inquiry.
The MMF have produced a guide to AI for music managers, which can be read here.