A.I. is now being used by artists as an assistant in retirement homes like Pepper in Asia. It's clear that this innovation is bringing about many changes in the artistic world: between collaboration with a tool that stimulates creativity, and the traditional way of awakening creative genius, it's clear that the creative process seems more simplified.
There are also many questions about the artistic character of the products of this collaboration. It's clear that AI opens up new possibilities for artists, which in turn entail a number of risks for both art and the artist. What are these risks? Will AI definitively replace these cultural players? What does the law provide to protect them and their works?
AI and musical art: a troubling but beneficial alliance
The process of creating any work, whether artistic or not, not only requires a certain amount of time on the part of the creator, but also a great deal of inspiration. The sources are manifold Thylacine, an electro composer-musician who awakens his creativity during trips in his caravan, for example. Today, sitting alone in front of AI software, some artists are able to create music by giving instructions to the machine. Gone are the days of teamwork and social bonds between collaborators. On the other hand, the creative process is less time-consuming.
On the music-lover's side, the musical experience is better adapted to his or her preferences, and also, AI, thanks to its machine-learning capacity obtained through the analysis of already existing data, is more inclined to create music addressed to a known target audience, guaranteeing the success of the song and the artist at the same time.
A number of applications provide creative support for artists and enhance the musical experience for music lovers. This is the case, for example, of the IA Flow Machines project owned by Sony Computer science Laboratoires Inc, which has enabled the creation of songs from a database containing thirteen thousand (13,000) tracks. Other applications include the Shazam music AI, enabling artists to check whether they are perfectly identified, and music fans to easily find a song for which they are missing references.
The music scene is teeming with works of this kind. A report by France 24 reveals that of the one hundred thousand new tracks analyzed by Deezer, 10% of them, or ten thousand songs, are entirely created by AI, calling into question the place and respect of artist's rights in the music industry.
What happens to the artist if AI can make music?
The origins of these songs, though obscured by the technology industry, fuel questions from all sides. One fact remains: they are created on the basis of existing musical styles. Is this cheating?
One thing is certain: if the AI system is modelled on the human brain, chances are it will work in much the same way, i.e. by learning from what already exists. So, if you look at it that way, we're all cheaters! But then, drawing inspiration from what already exists and associating other properties with it could result in a new body, and I believe that this is the logic behind AI.
Except that the use of intellectual property is based on firm rules that must not be violated, namely the formulation of a request for a license to exploit a work of the mind. This rule is not taken into account by AI, which simply uses these works without the prior consent of the authors. Unfortunately, this undermines their ability to make a living from their art, and constitutes a form of plundering of their works, as deplored by French author-composer Jean-Michel Jarre. What are the relevant institutions doing to protect authors' rights?
AI enters the legal arena
In view of the dangers that this new musical tool presents for the respect of intellectual property, it is clear that a legal framework had to be set up to protect artists and their works.
This is why the European Union, through its member states, has adopted a regulatory framework for artificial intelligence, which is seen as an innovation in this field, and a call for greater transparency on the part of technology companies and AI developers.
More concretely, companies using generative AI must provide full summaries of the works used to train their systems. Failure to comply with this rule results in a fine of up to 35 million euros ($38 million), or up to 7% of their annual worldwide sales. This is a restrictive law designed to better protect intellectual property and thus the profession of musician.
References
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France 24, "Demain, tous artistes? AI revolutionizes the art world", online
https://www.youtube.com/watch?v=P6ed-kmTqAc
France 24, "intelligence artificielle: comment s'inspire l'AI pour créer une chanson?" online
https://www.youtube.com/watch?v=TX38Ihupguw
IA School, L'intelligence artificielle dans la musique, l'Ia et des innovations, online
https://www.intelligence-artificielle-school.com/alternance-et-entreprises/secteur-d-activite/secteur-de-la-musique/
Matanda Alvin, 2024, "European Parliament passes landmark AI law", online
https://www.musicinafrica.net/fr/magazine/le-parlement-europeen-adopte-une-loi-historique-sur-lia
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