Examining The Use Of Generative AI In The Music Industry And Its Legal Challenges
Ayushi Jovita D’souza, Advocate, Karnataka
ABSTRACT
The rapid advancement of generative artificial intelligence is transforming the music industry by enabling the creation of musical compositions, imitation of established musical styles, replication of artists’ voices, etc. While these developments present significant opportunities for innovation and creative expression, they also raise complex questions concerning copyright, authorship, ownership, and the protection of existing creative works.
This article examines the use of generative AI in the music industry and the legal challenges arising from its increasing use. In particular, it analyses the copyrightability of a person’s voice and AI-generated musical works, with reference to judicial developments such as Midler v. Ford Motor Co., John Facenda v. The
National Football League, Tech Plus Media Private Ltd. v. Jyoti Janda, Asia Pacific Publishing Pte. Ltd. v. Pioneers & Leaders (Publishers) Pte. Ltd., and Thaler v. Perlmutter.
The article discusses that although AI may serve as a powerful creative tool, the absence of clear statutory provisions governing AI-generated content creates uncertainty regarding authorship and ownership, particularly where AI systems replicate an artist’s voice or draw upon existing copyrighted works. The article concludes by highlighting the need for a coherent legal and regulatory framework in India that safeguards intellectual property rights while facilitating technological innovation and ensuring that generative AI complements, rather than undermines, human creativity.
