A recent forum held in Beijing is looking for ways to explore the use and legal challenges of using artificial intelligence (AI) in the music business. 

Guest speakers discuss AI's impact and legal problems that it may incur during the eighth Music Industry Forum held in Beijing, on May 19, 2023. [Photo provided to China.org.cn]

"First, I don't think we should treat AI as only a crisis because it can bring a lot of benefits and values, too," said Kwee Tiang Ang, senior vice president of Asia Public Policy for Universal Music Group (UMG). "Many songwriters and producers are using AI technology for innovation. From the company's perspective, we also support this kind of technology. However, our stance is that if these AI companies use our works, they must first obtain permission and use them legally."

In recent weeks, Singaporean singer Stefanie Sun has been trending on Chinese social media platforms, but not for a new album or concert but rather for an AI-generated version of her voice. 

According to Ang, UMG sent letters to music streaming companies as early as March, urging them to prevent AI companies from using its works for training purposes. They also assisted some artists by sending cease and desist letters to remove AI-generated works. Ang emphasized that UMG has the responsibility to protect the rights and works of their artists. However, they also take into consideration the preferences of individual artists and songwriters, some of whom may agree to share their works with a 50/50 profit split, while others insist on removing the works entirely.

The eighth Music Industry Forum, organized by the Communication University of China (CUC) and held on May 19, included a discussion session on the topic of "Music Creation and Copyright Protection in the Age of Generative Artificial Intelligence," which garnered significant attention. Besides Ang, distinguished speakers featured in the session were Guo Biao, chief representative of IFPI (International Federation of the Phonographic Industry) China and regional director for Greater China; Cherry Guo, former in-house legal counsel at IFPI and senior partner at Tiantai Law Firm; Professor Tong Xuena from the School of Music and Recording Arts at CUC; Fan Cong, a renowned Chinese young musical theater director and songwriter; and the session's host, Fan Zhihui, a music industry analyst.

The rapid development of generative AI technology has transformed music creation. AI algorithms like OpenAI's GPT-4 generate complex creative content, including poetry to music. The response from artists varies. Some view AI as a tool to enhance creativity, while others worry it undermines human artistry. Governments are grappling with the impact of generative AI and its challenges for copyright laws. Now the key issues include authorship, ownership, and whether AI-generated music is derivative or entirely new. Using copyrighted materials as input data raises questions about infringement exemptions.

The Universal executive Ang emphasized the importance of the government avoiding new exceptions for unauthorized usage. He referred to discussions with the Singaporean government, cautioning against hastily implementing laws without understanding the technology. In November 2021, the Singapore Copyright Act underwent changes, including the introduction of a broad text and data mining exception aimed at enhancing AI training data availability. He mentioned the Singaporean government had recognized their rushed actions. Therefore, he advocated against further exceptions and emphasized the adequacy of existing laws, highlighting the significance of obtaining permission and making payments for usage.

Also, while copyright laws generally mandate that human songwriters retain rights, complications arise when companies, rather than individuals, own copyrights in the domain of audio-visuals. Therefore, the authorities must conscientiously consider these factors when formulating legislation. Furthermore, he stressed the necessity of having representation for rights holders during law amendments and research as there is insufficient communication with authors or rights holders in certain countries, Ang said.

Guo Biao, chief representative of IFPI in China, highlighted the active regulation of AI by the Cyberspace Administration of China (CAC). He believes that CAC's measures aim to regulate AI applications, promote healthy development, and address data security and intellectual property rights. This proactive approach by the Chinese government acknowledges the risks and emphasizes the importance of respecting intellectual property rights, he said.

Cherry Guo from Tiantai Law Firm also pointed out that China's current Copyright Law does not align with the use of works during the AI pre-training phase, lacks provisions for fair use, and lacks legal support for fair use in the country. She noted that AI should always be seen as a tool to be utilized by humans. However, ethical and moral considerations must be taken into account due to incomplete laws and regulations. With AI's rapid advancement, it is crucial for practitioners to carefully determine what is permissible and ensure that AI serves humans instead of replacing them.

From the perspective of creativity and the industry, Professor Tong Xuena emphasized the need to embrace the development of new technologies with an inclusive attitude, as they present both challenges and opportunities. The unstoppable rise of AI-generated works should be welcomed rather than opposed, she said, and the collaboration between AI and the music industry will lead to upgrades, synergies, and diverse responses. 

Songwriter Fan Chong admitted that although he has used AI techniques in the initial stage of creating song demos for inspiration, he still prefers to sing the demos himself or involve professional singers. He believes that music requires a vibrant and alive quality that AI cannot truly capture. Emotions and creative inspiration are inherently human and cannot be fully expressed through AI-generated compositions. He considers discussions about replacing professional composers or creators premature and impossible, as human imperfections contribute to the unique characteristics of music.

Also at the forum, the 2022 Report on the Development of China's Music Industry was unveiled, highlighting how the industry's total scale in 2021 reached approximately 378.76 billion yuan ($54.9 billion), marking an 8.54% year-on-year growth and a return to pre-pandemic levels. Furthermore, the forum delved into various topics, including the resilience of Chinese music festivals, the fusion of technological innovation and the music industry, talent cultivation in the music creation and communication sector, innovation and dissemination of ethnic music culture, and the present and future of music broadcasting.

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