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When you realize your favorite new song was written and performed by ... AI
Music fans responded with disbelief this week to the release on streaming and social media platforms of the viral song "Heart on My Sleeve."
The hosts of the popular music-related YouTube channel LawTWINZ were among the many who weighed in, discussing whether the track, which uses artificial intelligence to simulate the music of pop stars Drake and The Weeknd, even surpasses the real pop stars' talents.
Advances in AI have gotten to the point where the technology can quickly create new songs like "Heart on My Sleeve" that sound like they're the work of real artists.
Recent examples, which include a faux song that sounds a lot like something the British alt-rock band Oasis2 would put out, hint at AI's bold, creative possibilities and its ethical3 and legal limitations.
Now, artists, lawyers and other industry players are trying to figure out how the technology can be used responsibly.
'The cat is not going back in the bag'
The popularity and revenue-earning potential of AI-generated songs have understandably put music industry gatekeepers on guard.
Drake and The Weeknd label owner Universal Music Group invoked4 copyright violation5 to get the platforms to take "Heart on My Sleeve" down this week.
"The training of generative AI using our artists' music (which represents both a breach6 of our agreements and a violation of copyright law) as well as the availability of infringing7 content created with generative AI on DSPs [Demand Side Platforms], begs the question as to which side of history all stakeholders in the music ecosystem9 want to be on: the side of artists, fans and human creative expression, or on the side of deep fakes, fraud and denying artists their due compensation," said the company in a statement shared with NPR.
This wasn't the first time the music corporation flexed10 its litigation muscles, and it won't be the last; earlier this month, it ordered a takedown of an AI track based on the music of Eminem. The song featured lyrics11 like, "Cats, cats, cats, always on the prowl / They're sneaky and sly with their eyes on the goal."
"The cat is not going back in the bag," said Stanford University associate professor Ge Wang, of the growing popularity of AI-generated music online. Wang, who teaches a class on AI and music, said as the technology becomes more widespread, people can no longer afford to think of it as the stuff of science fiction.
"There's something that we couldn't do now that we can," Wang said. "And along with it is a ton of legal, ethical and artistic12 considerations that we didn't have to think about before in a practical sense. But now we do."
Music/AI litigation in its infancy13
Now, the music industry is trying to play catch up.
From a legal standpoint, music and AI litigation is in its infancy. "It's an emerging area," said entertainment lawyer Craig Averill. "The courts have not weighed in."
The U.S. Copyright Office has issued decisions around AI-related works.
"The author has to be a human as the law stands," Averill said. "It can't be completely computer-generated."
But Averill said dizzying questions remain about the amount of human intervention14 needed to make AI-generated musical works copyrightable. And if the face of the work isn't a human, then who's the copyright holder8?
"If you come up with a composition and then you have an animated15 character that's front-facing for it, and you don't have to really pay that entity16 any royalties17, what does that look like?" Averill said. "We're not there yet."
Ethical and aesthetic18 issues abound19
Some artists are skeptical20 that the law will ever catch up with the technology, given the speed at which it is developing.
"It's completely broken logic21 that legislation or litigation is going to protect the arts," said Grammy-nominated electronic musician and software developer BT. "It's not gonna happen. It [the technology] is evolving too quickly."
BT said artists — rather than lawyers — should create guardrails around how AI is used for music production and sharing. Like all of the musicians interviewed for this story, BT said he sees great potential in AI as a resource — as long as artists are paid properly.
And he also said there are enormous ethical issues to contend with.
One example is when an AI tool generates lyrics in an artist's style that the actual artist would never sing. The unlikely Eminem song about cats is a case in point — albeit22 a relatively23 harmless one. The technology could create lyrics that are much more controversial and potentially damaging to a singer's reputation.
"Where we're talking about the creation of vocals24, it could be used to say something that is polar opposite to that person's belief system," BT said.
Then there's the question of aesthetics25.
"One danger is the lowering of artistic standards to a point where fake becomes real and mediocrity rules," said singer-songwriter and voice actor Dan Navarro. "Then commercial music becomes like brown-food-product; able to sustain life, but never truly satisfy."
Launch event for the Human Artistry Campaign at SXSW in Austin, Texas, March 16, 2023. From left: Rob Levine, Billboard26; Jessy Wilson, artist; Dan Navarro, songwriter; Erin Reilly, University of Texas.
Ben Whitehair, SAG-AFTRA
To keep up with the technological27 advances, dozens of entertainment industry representatives recently joined forces to create the Human Artistry Campaign. Navarro is part of this new advocacy group.
"The Human Artistry Campaign's stated goal is to underscore the unique value of human artistry and human creation, especially as technology and opportunism create a culture for conflict and misuse28 and even abuse," Navarro said. "I'd like to see a set of agreed principles with legal teeth so that artists, the music industry, streaming services, and audiences can understand what is — and is not — allowed."
1 transcript | |
n.抄本,誊本,副本,肄业证书 | |
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2 oasis | |
n.(沙漠中的)绿洲,宜人的地方 | |
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3 ethical | |
adj.伦理的,道德的,合乎道德的 | |
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4 invoked | |
v.援引( invoke的过去式和过去分词 );行使(权利等);祈求救助;恳求 | |
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5 violation | |
n.违反(行为),违背(行为),侵犯 | |
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6 breach | |
n.违反,不履行;破裂;vt.冲破,攻破 | |
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7 infringing | |
v.违反(规章等)( infringe的现在分词 );侵犯(某人的权利);侵害(某人的自由、权益等) | |
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8 holder | |
n.持有者,占有者;(台,架等)支持物 | |
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9 ecosystem | |
n.生态系统 | |
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10 flexed | |
adj.[医]曲折的,屈曲v.屈曲( flex的过去式和过去分词 );弯曲;(为准备大干而)显示实力;摩拳擦掌 | |
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11 lyrics | |
n.歌词 | |
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12 artistic | |
adj.艺术(家)的,美术(家)的;善于艺术创作的 | |
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13 infancy | |
n.婴儿期;幼年期;初期 | |
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14 intervention | |
n.介入,干涉,干预 | |
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15 animated | |
adj.生气勃勃的,活跃的,愉快的 | |
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16 entity | |
n.实体,独立存在体,实际存在物 | |
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17 royalties | |
特许权使用费 | |
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18 aesthetic | |
adj.美学的,审美的,有美感 | |
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19 abound | |
vi.大量存在;(in,with)充满,富于 | |
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20 skeptical | |
adj.怀疑的,多疑的 | |
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21 logic | |
n.逻辑(学);逻辑性 | |
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22 albeit | |
conj.即使;纵使;虽然 | |
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23 relatively | |
adv.比较...地,相对地 | |
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24 vocals | |
(乐曲中的)歌唱部份,声乐部份( vocal的名词复数 ) | |
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25 aesthetics | |
n.(尤指艺术方面之)美学,审美学 | |
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26 billboard | |
n.布告板,揭示栏,广告牌 | |
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27 technological | |
adj.技术的;工艺的 | |
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28 misuse | |
n.误用,滥用;vt.误用,滥用 | |
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