The Evolving Ethics Behind Artificial Intelligence and Music Creation
In 2015, the Authors’ Guild sued Google for digitizing books without the permission of publishers. Google won that case affirming that even if you don’t own the “data,” turning it into something new is protected by the law. As artificial intelligence starts to transform creative industries, a code of ethics on how it should be used is still being written by artists and the courts. Many people are excited about the creative possibilities that come with the new technology, but others are more skeptical viewing it as a copyright threat.
Creating AI-generated art involves training a machine learning algorithm to recognize and replicate a style or genre using data sets. While the resulting artwork may sound or look similar to the artist's existing works, it is not considered copyright infringement.
Music created within the same genre often share common elements, such as chord progressions and melodies. These similarities do not necessarily mean that the works are derivative of one another or that one artist has copied another's work. A.I. engines learn from data sets without permission because there’s no law against learning. This presents a problem when musicians, artists, and others in creative fields are having their work used without accreditation or compensation.
We have begun to see tools that are enabling artists to discover new samples, utilize the stems of any song, and even mix and master their tracks for free. This allows producers and DJs to sample and remix tracks without the consent of the original copyright holders.
The use of AI in music creation raises several ethical concerns, particularly around issues of authenticity and fairness. Some musicians may feel that using AI is cheating, as it takes away from the soul that is traditionally associated with music-making. However, this view raises questions about who should be allowed to make art and whether or not the use of AI in music creation is a valid form of artistic expression.
Smaller independent artists are trying to draw the line for themselves. Incorporating A.I. opens the doors to all new creative avenues while also presenting a dilemma. “I can’t call myself the creative if I’m not the one creating,” says Zachary Anderson a producer and music business student at the University of Georgia. Anderson implements A.I. in his productions.
Though the struggle to utilize, regulate, and monetize artificial intelligence is still in its infancy, he uses AI to “kick start the process” and reduce the “friction” with his imagination. Anderson says “AI is a tool” rather than the crux of his productions.
“I don’t see me in the things that I create using AI”
Classical composers “quoted” each other. Producers flip samples from records all around the world. Just as sampling has been incorporated and accepted as a reputable technique and art form, AI could be seen as the evolution of this practice of artist borrowing or quoting one another’s sound to create something new.
Anderson says “if you’re going to call what AI does stealing then what people do in their own brains is stealing as well.” AI may have been trained on an artist's unique sound, but it is not necessarily a direct copy of any of their existing work. Instead, it is a new and original creation that has been influenced by the artist's style.
Where lawmakers and creatives are feeling the most frustration is trying to draw the line between fair use and plagiarism. “There needs to be consent from the people you’re taking from,” said Anderson.
“Every time you’re given a tool that’s more opportunity to create something new,” he said.
The U.S. courts have not yet created measures for what AI-generated works will be protected.
It is important to approach the use of AI in music creation with a critical eye and consider this technology's potential ethical implications. While AI can be a powerful tool for creating new and innovative music, it is important to ensure that it is used to promote fairness, accessibility, and diversity within the music industry.
