Understanding Music Ownership in the Age of AI
Ever heard a song and thought, “Wait… this sounds familiar?” You’re not alone. Music has always borrowed from the past through sampling, interpolation, or shared chord progressions. But where does inspiration end and copying begin?
With the rise of AI-generated music, the legal landscape is getting even murkier. Can an algorithm legally mimic an artist’s style, tone, or structure? And more importantly - who owns the result?
Let’s break down the laws, loopholes, and landmark cases that shape how music copying is handled today.
What the Law Actually Says (or Doesn’t)
When it comes to music copyright, things aren’t as black and white as you might think.
Copyright Basics: What’s Actually Protected?
In the U.S., copyright law protects original creative works, and that includes music. But while the law offers a framework, it's far from straightforward - especially when applied to the complexities of modern music and the emergence of AI-generated content.
So what is protected under the U.S. Copyright Act?
- Melody
- Lyrics
- Chords and harmony (if arranged in an original way)
- Instrumentation and production elements (if sufficiently distinctive)
But here’s the gray area: style, genre, rhythm, themes, and vibe aren’t protectable.
You can’t copyright the essence of funk, a trap beat, or a dreamy synth-pop atmosphere.
So, while you can’t legally copy the melody of Beyonce’s Halo, you could create a song that feels like Halo - and probably get away with it.
How Is Copyright Infringement Determined?
When infringement is alleged, courts often apply the “substantial similarity” test.
This involves two key steps:
1. Access – Did the alleged infringer have access to the original song? In today’s era of streaming, this is almost always assumed.
2. Substantial Similarity – Do the two songs share enough elements that an “ordinary listener” would find them similar?
This test is notoriously subjective. Judges, juries, musicologists, and expert witnesses all weigh in - making outcomes unpredictable, especially in an era of layered, complex productions.
Cases That Changed Everything
The music industry is filled with multi-million-dollar lawsuits, and the Blurred Lines case had a significant impact.
In 2015, the court ruled that even copying the feel of a song could amount to infringement - even if no melody or lyrics were directly lifted.
For the first time, “vibe” became admissible in court. The ruling was controversial and opened a legal Pandora’s box. Labels and artists grew cautious. Could a mood be protected by copyright?
Fair Use: A Defense That Rarely Holds
Fair use allows limited use of copyrighted material for criticism, commentary, education, or parody. But in music, it’s a tough sell.
- Sampling without clearance? Almost always infringement.
- Transforming a track into something new? Maybe fair use… but don’t count on it.
Courts are stricter when it comes to music. Commercial use and recognizability of the original work often override the transformative argument.
Where Does This Leave AI-Generated Music?
This is where things get wild.
If an AI is trained on copyrighted music and generates a track with similar patterns or style, is it a derivative work?
More importantly: who owns it?
- The artist using the AI?
- The developer of the model?
- The creators of the original training data?
According to the U.S. Copyright Office:
AI-generated works without human input are not copyrightable.
But the situation becomes more complex when humans use AI tools creatively. Most AI models are trained on massive datasets, which likely include copyrighted material. And when those models output something strikingly similar to the originals?
That’s still legally undefined territory.
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And that’s exactly where platforms like SongDNA come in, helping detect melodic and structural similarities across massive datasets, giving artists and rights holders tools to avoid unintentional infringement, and bringing clarity to the evolving world of music ownership.
See how SongDNA can work for you!
Schedule a demo today to receive a customized AI-powered solution tailored to your needs.
