Who Owns a Song No One Wrote?

Key Takeaways

• AI-generated songs lack human authorship, so copyright cannot vest in AI.
• Prompts alone rarely qualify for copyright; only detailed, original wording may.
• Courts (Thaler v. Perlmutter) reaffirm human‑only authorship requirement.
• Labels likely to win lawsuits, seeking blanket licenses for AI training data.
• ‘Walled garden’ licensing proposed to limit AI output while protecting creators.

Pulse Analysis

The rise of generative AI in music has forced courts to revisit the core tenets of copyright law. While the Copyright Act protects original expression fixed in a tangible medium, it explicitly reserves authorship for human creators. The Ninth Circuit’s decision in Thaler v. Perlmutter and earlier animal‑authorship rulings underscore that a machine‑produced composition, no matter how sophisticated, cannot claim ownership. This legal backdrop means that music companies must treat AI‑generated tracks as unowned works, shifting the focus to the human elements—prompts, edits, and production choices—that might qualify for protection.

Industry stakeholders are responding with a two‑pronged strategy. First, major labels are filing or preparing lawsuits to secure blanket licenses for the massive amounts of copyrighted material used to train AI models, arguing that unauthorized copying erodes market value for human‑made songs. Second, they are advocating for “walled‑garden” platforms that confine AI generation to closed ecosystems where licensing fees can be collected and distributed. These approaches aim to preserve revenue streams while allowing innovation, but they also raise questions about access, competition, and the future of independent creators who may lack bargaining power.

For artists, the evolving legal landscape presents both risk and opportunity. Traditional contract clauses now often contain AI warranties that could inadvertently limit the use of legitimate AI‑assisted tools. Conversely, high‑profile figures like Taylor Swift are experimenting with voice trademarks and public pressure campaigns to shape forthcoming legislation. As Congress deliberates on uniform right‑of‑publicity and AI‑specific copyright reforms, musicians and publishers alike must stay vigilant, ensuring that any new rules balance the protection of creative labor with the transformative potential of artificial intelligence.