In a recent Congressional hearing on artificial intelligence (AI), Universal Music Group (UMG) advocated for the implementation of a nationwide publicity right. They also highlighted the objectives of the Human Artistry Campaign and emphasized the need for transparency surrounding generative AI. The focus is on clarifying the usage of AI in content creation and the data employed to train AI models.
Earlier, the House Judiciary Committee dedicated a session specifically to address copyright concerns posed by AI. The Senate Judiciary Committee followed suit, inviting Jeff Harleston, General Counsel and Executive Vice President of Business and Legal Affairs for UMG, to testify on behalf of the music industry. During his testimony, Harleston emphasized the willingness of UMG and the industry as a whole to collaborate with generative AI technology companies. However, he stressed the importance of these tech companies respecting copyright and protecting artist rights. The music industry expects these companies to acquire licenses from record labels and music publishers before using any existing recordings to train their AI models.
Harleston expressed his disbelief that AI companies and developers would assume the rules and laws applicable to other entities do not apply to them. Aside from copyright infringement concerns, generative AI companies often obtain content from sources that explicitly prohibit downloading and usage beyond personal and non-commercial purposes. Of equal concern is the use of AI-generated music to falsely increase streaming plays, diverting revenue from human creators. Furthermore, there have been distressing cases where an artist’s name, image, voice, or likeness has been used without authorization to generate misleading videos or promote fraudulent works.
One prominent example raised by Harleston was the use of “deepfake” technology to create a track using vocal clones of UMG artists Drake and The Weeknd. When artists seek to protect their voices or identities, it extends beyond copyright concerns and may involve publicity or personality rights. However, in the United States, publicity rights are governed by individual states rather than a nationwide federal statute.
Harleston urged the lawmakers to establish a federal right of publicity statute. The unauthorized use of deepfake or AI-generated recordings or visuals featuring artists can lead to consumer confusion, unfair competition, dilution of the market, tarnishing of the artist’s reputation, and significant damage to their career. An artist’s voice is an integral part of their livelihood and public persona, and any attempt to steal it, regardless of the means, is unequivocally wrong.
UMG’s call for a nationwide publicity right during the Congressional hearing reflects the music industry’s concerns regarding generative AI and copyright infringement. The industry seeks collaborations with AI technology companies under the condition that copyright and artist rights are respected. The unauthorized use of an artist’s voice or likeness through AI-generated content infringes upon their livelihood and reputation. Establishing a federal right of publicity statute is deemed essential to protect artists’ interests and prevent irreparable harm to their careers.
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