New policy brief advocates licensing framework to protect human creativity in AI-generated music
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University of Liverpool’s Heseltine Institute launches a new policy brief today (13 December 2024) to protect human creativity in AI-generated music.
School of Law and Social Justice’s Dr Sabine Jacques, expert in intellectual property law, and Dr Mathew Flynn, Director of the Institute of Popular Music, and member of the Liverpool City Region Music Board, outlined a pioneering approach to protecting human creativity in the age of generative AI. The policy brief, titled ‘Protecting human creativity in AI-generated music through effective licensing’, highlights the growing tension between artificial intelligence (AI) advancements and the rights of human creators, with a focus on the music industry.
The report emphasises that human-created content—music, text, images, and video—serves as the foundation for generative AI systems. These AI-generated works, however, often compete directly with original creations, posing both opportunities and challenges for creative industries.
“This is a pivotal moment for the creative sector,” said Dr Sabine Jacques, Senior Lecturer at the Liverpool Law School. “AI has immense potential to augment human creativity, but without robust protections, it risks undermining the very creators who fuel its innovation.”
Central to the brief’s recommendations is the need for a strong legal framework to establish a fair, ethical, and sustainable market for generative AI. This framework must balance the interests of AI developers and human creators, ensuring intellectual property rights are upheld while enabling innovation and creativity.
The researchers propose a dual-licensing model to address the challenges at the intersection of AI and creative industries:
• Licensing AI-generated content: Treating commercially exploited AI-created works similarly to human-produced songs, requiring appropriate licensing agreements.
• Licensing AI training: Mandating licenses for AI systems trained on copyright-protected material to ensure original creators are compensated.
The policy brief also recommends the establishment of an AI royalty fund, managed by a dedicated trust. This fund would prioritise support for creators in heavily impacted genres, those producing high-quality work, and individuals disadvantaged in algorithm-driven markets.
Dr Mathew Flynn, Senior Lecturer in Music Industries, emphasised: “An AI royalty fund is vital to ensure the sustainability of the music sector and to protect diversity in creative output.”
The proposed licensing framework aims to provide equitable access for AI service providers while preserving the livelihoods of artists. By creating a balanced ecosystem, the policy brief seeks to foster collaboration rather than competition between AI and human creativity.
As the music industry continues to deal with the transformative impact of AI, the insights provided by this policy brief could play a crucial role in shaping its future.
Access the full report: Protecting human creativity in AI-generated music through effective licensing.