Artificial Intelligence And The Future Of Music Copyright: Analysing Fair Use In The Age Of Generative AI
- IJLLR Journal
- Jul 5
- 1 min read
Payal Wagh, Government Law College, Mumbai
ABSTRACT
Music AI has come a long way. What began as simple audio editing software has grown into systems that compose complete songs in moments, these systems challenge fundamental assumptions about authorship, originality, and fair use that have governed intellectual property for centuries.
This paper examines the critical legal tensions arising from AI's use of copyrighted material in training datasets, with particular focus on the landmark litigation between Universal Music Group and Suno Inc. Through comprehensive analysis of U.S. copyright doctrine—specifically sections 106 and 107—this study evaluates whether AI music generation constitutes fair use or represents infringement that could devastate the creative economy. The research explores four pivotal questions: the scope of reproduction rights violations during AI training, the boundaries of derivative work protection for AI-generated outputs, the evolving definition of "transformative use" in the digital age, and the calculation of market harm when AI systems compete directly with human creators.
Drawing from recent U.S. Copyright Office guidance and federal court decisions, this analysis reveals that current legal frameworks and address AI's unique capabilities to create perfect digital copies and generate competing content at Novel scale. This analysis reveals that AI's transformative creative capabilities exist within a complex legal framework where traditional copyright protections may not adequately address the unique challenges posed by algorithmic creativity. The tension between protecting established creative rights and fostering technological innovation raises fundamental questions about how legal systems should adapt to accommodate both human creators and AI developers in our rapidly evolving digital creative ecosystem.
Keywords: Artificial Intelligence, USA Copyright Laws, Fair Use, Reproduction Right, Derivative Work, Transformative Rights, Market Harm.
