Merlin, the global licensing arm for independent labels and publishers, has released a sweeping statement declaring that its members’ music cannot be used to train artificial intelligence without “explicit written authorization.”
Merlin said in a statement: “It is the position of Merlin and its members that any and all use of Merlin member libraries to train, develop or implement artificial intelligence models and related purposes requires the express written authorization of Merlin or the applicable Merlin member.
Major music companies Sony Music Group and Warner Music Group A similar letter was sent earlier this year.
Letter from Sony and Warner in response to EU finalization artificial intelligence methoda comprehensive law regulating the development and use of artificial intelligence. The bill includes an “opt-out” provision requiring copyright owners to state that they choose not to have their content used to train artificial intelligence.
Sony sent a letter to about 700 AI developers and music streaming services in May, stating that the music company “has reason to believe that you and/or your affiliates may have used unauthorized “Sony’s intellectual property rights are used to train artificial intelligence.
“Parties must obtain WMG’s express permission to use… any creative work owned or controlled by WMG, or to link to or ingest such creative work in connection with the creation of the dataset,” Warner said in a July letter. input any machine learning or artificial intelligence technology, or train or develop any machine learning or artificial intelligence technology (including through automated means).
Merlin’s letter, however, focuses less on EU law and more on the legal debate in the U.S. over whether using copyrighted music and other content to train artificial intelligence constitutes “fair use” – an artificial intelligence being sued by copyright owners. Common defense methods used by smart companies.
sun and shareTwo artificial intelligence music production applications sued by record giants this year put “fair use” at the core of their defense. They acknowledged that they may have used copyrighted music to train their artificial intelligence, but argued that they had the right to do so.
“The legal test for fair use involves four criteria, relating to the purpose and character of the use, the nature of the copyrighted work, the quantity of the use and the effect on the market or value of the copyrighted work,” Melling said in his statement. “The permissionless commercial AI model fails on all four fronts.”
“Any and all use of the Merlin Member Library for the training, development or implementation of artificial intelligence models and related purposes requires the express written authorization of Merlin or the applicable Merlin Member.”
Merlin
Merlin argued that any copying of copyrighted music for the purpose of training artificial intelligence would require first making copies of the work, and “these copies will always be used for commercial purposes.”
The group further believes that generative AI trained on copyrighted music “constitutes[s] poses a significant threat to Merlin artists’ copyrighted recordings by creating directly competing digital music files.
Merlin said that while newly generated AI repertoires could be “transformative… even transformative uses need to consider the impact on the original work and the extent to which they replace it”.
“Merlin recognizes the immense power of artificial intelligence and its benefits to the creative community and society as a whole; however, if artificial intelligence is left unregulated, the impact on the creative industries and indeed global culture will be devastating.
Merlin and its members “are ready to work with artificial intelligence companies who want to be on the right side of history, who are willing to properly compensate Merlin members for the use of their skills and provide appropriate guardrails to protect the rights of Merlin members,” the statement said. continued.
One problem with enforcing copyright laws on AI models is what is often referred to as the “black box” of AI training—developers often do not disclose what is contained in the vast datasets used to train their AI algorithms.
To address this issue, members of Congress have introduced several bills that would require greater transparency in AI training materials.
Senator Peter WelchVermont Democrats introduced the latest bill in the Senate last month. this Transparency and Accountability in Artificial Intelligence Networks (train) Behavior would enable rights holders to request an administrative subpoena from a U.S. federal court requiring artificial intelligence developers to disclose their training materials if the rights holder “believes in good faith” that their intellectual property rights were used to train the artificial intelligence model.
a separate bill, Source Protection and Integrity of Editorial and Fake Media Act (copy bill), introduced in the Senate earlier this year. This would make it illegal to use copyrighted works to train artificial intelligence without permission – a key requirement for many music industry organizations and companies.
Read the full letter outlining “Merlin’s stance on artificial intelligence” below.
Merlin’s stance on artificial intelligence
Merlin is a digital licensing partner for independent companies. Merlin’s primary function is to provide innovative and appropriately compensated uses of its members’ music. Merlin’s partnerships with many of the world’s leading digital services companies clearly demonstrate this.
All our partners have one thing in common: our partners value music. While our partnership has evolved over the years, they respect the human art involved in creating music and the financial investment required to cultivate, distribute and market it. The rapid development of artificial intelligence (AI) has not changed this.
Merlin and its members have always embraced and adapted to technological change while ensuring the value of human creativity is respected. Artistic expression is a fundamental part of who we are as humans. The ability to create, appreciate and enjoy art in all its forms is fundamental to the human experience. Music, in particular, can bring people together, evoke emotions, and help us express our thoughts and feelings.
Merlin recognizes the immense power of artificial intelligence and its benefits to the creative community and society as a whole; however, if artificial intelligence is left unregulated, the impact on creative industries and global culture will be devastating.
Merlin believes that if developed and implemented responsibly, AI technology can be a great addition to the creative landscape. Merlin supports products that help humans unleash their creativity or provide artists with new opportunities to create and collaborate on new original works. Merlin and its members are ready to work with artificial intelligence companies who want to be on the right side of history, who are willing to properly compensate Merlin members for the use of their skills and provide appropriate guardrails to protect the rights of Merlin members.
However, Merlin cannot support any product that uses the music of Merlin members for training purposes without permission, regardless of purpose.
Merlin has thousands of members and the independent labels they represent. These are not multinational corporations. They are often small businesses that aim to support artists who are shaping contemporary culture around the world and trying to make a living in an increasingly challenging environment. The unauthorized use of these artists’ work poses a real and imminent threat to the livelihoods of the artists and the livelihoods of those who support them.
It has been suggested that training artificial intelligence models on artists’ works without permission should be considered “fair use.” We believe this is the exact opposite of fair, both morally and legally.
The legal test for fair use involves four criteria, relating to the purpose and nature of the use, the nature of the copyrighted work, the amount of the use, and the effect on the market or value of the copyrighted work. The permissionless commercial AI model fails on all four fronts. Any AI company that trains its models by obtaining copyrighted recordings online is making an unauthorized copy of the entire copyrighted work. These copies are always used for commercial purposes, and the artificial intelligence-generated recordings generated by the model pose a significant threat to the market for Merlin artists’ copyrighted recordings by creating directly competing digital music files. A lot of people talk about these uses being fair simply because the output is “transformative,” but even transformative uses need to consider the impact on the original work, and the extent to which they replace it. In the case of AI-generated music, the impact of substitution is evident.
Using someone else’s creative work without permission, compensation, and for the specific purpose of creating a new work that replaces the original work is inherently unfair use.
Merlin members and their artists do not use their copyrights to gain an unfair advantage when seeking to license their music. They do their best to make a living and protect their rights to express their work. We believe this is no different from the way artificial intelligence companies and their investors seek copyright and other intellectual property laws to protect against unauthorized use of their technology. AI companies are right to protect their models and proprietary software, but some companies appear to view other people’s intellectual property as “free material” to feed their algorithms.
It is the position of Merlin and its members that any and all use of Merlin member libraries to train, develop or implement AI models and related purposes requires the express written authorization of Merlin or the applicable Merlin member. Merlin’s policies are clearly displayed on its website: https://merlinnetwork.org/policy-on-ai/.
If you are a responsible AI company looking to use independent music to train models, or provide products or services that complement the music ecosystem and provide inherent creative benefits to music creators, please contact ResponsibleAI@merlinnetwork. orgContact us.global music business
