Controlling the distribution of music and ensuring fair compensation for composers has been an ongoing challenge since the invention of the printing press. In 1498, Ottaviano Petrucci gained a monopoly on sheet music publishing with a patent from the Venetian Senate. However, Pope Leo X later transferred control over organ music to Andrea Antico. This pattern of monopolies continued throughout history, with William Byrd and Tomas Tallis obtaining a patent on music publishing in England and Jean-Baptiste Lully gaining control over operas performed in France.
Efforts to address these issues culminated in the Berne Convention of 1886, which established international standards for copyright and the rights of creators. Despite subsequent renegotiations, protecting artists’ rights has become increasingly complex in the digital age. Copyright infringement cases between musicians have become rampant, leading to prolonged legal battles and significant costs. Ambulance-chasing lawyers often exploit perceived similarities between songs to secure out-of-court settlements or songwriting credits for older compositions. Dua Lipa is currently facing three such lawsuits.
With conflicting interests, unclear statutes, varying interpretations, and advancing technology, copyright protection remains a disaster reminiscent of Petrucci and Antico’s era. Moreover, there are only 12 notes in the western scale, leading to unintentional duplication, especially with the influx of 100,000 new songs uploaded to streaming platforms daily. The rise of AI-composed music further exacerbates the situation.
However, recent developments offer intriguing possibilities. Judge Beryl Howell ruled that art, including music, solely created by artificial intelligence cannot be subject to copyright as human authorship is integral to a valid claim. The Grammy Awards have also introduced guidelines stipulating that only human creators are eligible for awards. While songs featuring AI-created portions are not barred, the emphasis remains on human authorship.
Damien Riehl and Noah Rubin have taken a decisive step in settling this matter. They developed an algorithm capable of generating 300,000 eight-note melodies per second. These melodies were copyrighted and released into the public domain, effectively creating a database of 68 billion “songs.” According to Riehl and Rubin, these files contain every melody that has existed or can exist. Their goal is to highlight the inadequacy of current copyright laws and push for necessary updates.
Although the Riehl/Rubin conjecture has yet to be tested in court, it is inevitable that it will face legal scrutiny. The outcome of this case will be eagerly anticipated. It is essential for copyright laws to evolve and adapt in order to protect artists and foster creativity in an increasingly complex musical landscape.
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