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September 21, 2024
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Sony Music, the world's largest music publisher, has taken a significant stance in the ongoing debate over artificial intelligence (AI) and copyright. Recently, Sony has sent letters to major tech companies, including Google, Microsoft, and OpenAI, demanding transparency regarding the use of its songs to train AI systems. Representing prominent artists like Beyoncé and Adele, Sony Music is prohibiting the unauthorized use of its catalog for AI development or profit. The letters, sent to over 700 firms, express Sony’s suspicion that some companies may already be using its music without permission, emphasizing the company's readiness to enforce its copyrights to the fullest extent permitted by law, including leveraging the forthcoming EU AI Act.
This move by Sony highlights a broader concern within the creative industries about the data used to train AI systems. AI tools, such as chatbots and music generators, rely on vast amounts of data, which often includes copyrighted materials. Sony Music's complaint underscores the need for transparency in how AI systems are trained, particularly when it involves potentially copyrighted content. Google and OpenAI, among others, have developed AI capable of generating music, yet the specifics of the training data remain undisclosed. Sony’s letter demands detailed accounts of any songs used, how they were accessed, the existence and duration of copies made, and the justification for such copies, signaling a push towards more stringent licensing agreements for future use.
The legal landscape surrounding AI and copyright is still evolving, with significant implications for both the technology and creative sectors. In the EU and the US, there is ongoing debate over whether using copyrighted content to train AI constitutes infringement or falls under fair use and temporary copying exceptions. Legal experts, like Nana Nwachukwu from AI ethics firm Saidot, suggest that current EU rules might classify such training as infringement, although exceptions exist for lawful access and public domain content. The forthcoming EU AI Act will enforce stricter documentation and transparency requirements for AI models, potentially reshaping how AI firms utilize copyrighted materials. This issue is also being tested in US courts, with high-profile cases involving authors and musicians challenging the use of their work in AI training. Sony Music’s proactive stance could thus set a precedent for how the music industry navigates the intersection of AI and intellectual property rights.
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