Fake Drake? AI Music Generation Implicates Copyright and the Right of Publicity

Abstract: Artificial intelligence has contributed to music composition since the 1950s. Its contributions evolved from machines that produced simple melodies to programs that generate accurate vocal imitations of singers. Modern artificial intelligence relies on pre-existing—and often copyrighted—songs to create new music, the most common of which include vocal imitations of popular singers. Copyright law in the United States has yet to address how copyright holders’ rights are implicated when artificial intelligence programs are trained on protected works. As a result, these rights holders across disciplines and sectors have filed complaints alleging infringement of their works. While copyright holders await their fate, singers whose voices are imitated by artificial intelligence soundalikes should look to another source of protection: the right of publicity. This right strikes the balance of providing relief for singers while allowing artificial intelligence music generation to develop as a tool for musicians. This Comment examines the current landscape of U.S. copyright law as it pertains to music and identifies areas lacking and affording protections for copyright holders. Copyright law will then be applied to the AI-generated soundalike song, “Heart on My Sleeve.” Due to the uncertainty surrounding copyright protections, this Comment proposes that singers should turn to the right of publicity. Recognizing that this is an imperfect solution given the current patchwork of state laws providing this right, this Comment proposes a framework for a federal right of publicity.