Ahead of World Intellectual Property Day on 26 April, the intellectual property consulting firm PONS IP has brought together professionals from the legal sector, the music industry and the arts at its foundation headquarters to address the challenges posed by the emergence of artificial intelligence (AI) in the protection of copyright in music.
According to data from the consulting firm Pivotal Economics, music is now a powerful global industry that generates nearly 45 billion Euros in intellectual property and copyright revenue alone, 67% of which already comes from rights linked to both free and subscription-based streaming platforms.
In line with the theme proposed by the World Intellectual Property Organisation (WIPO) for this year — “IP and Music: Feel the Beat” — the meeting was opened by the General Manager of PONS IP, Nuria Marcos, who emphasised: “New technologies, and especially AI, have changed the rules of the game and the generation and exploitation model in the music business. AI regulations do not adequately address this reality for music creators, but we must be able to raise awareness and foster a culture of intellectual property, as well as contribute to creating a regulatory environment that protects the rights of the entire creative ecosystem.”
This was followed by a round table discussion entitled “The evolution of the music industry: AI, technological inspiration or unfair competition?”, moderated by Violeta Arnaiz, Director of Intellectual Property, AI and Software at PONS IP. The discussion addressed the current and future role of intellectual property in a context where AI-generated music creation is already a reality in the industry.
The conference also highlighted that intellectual property rights are an “essential piece” in safeguarding musical works, recordings and performances. According to Arnaiz, “these rights not only allow creators to control the use of their works, but also guarantee them fair compensation and the possibility of reinvesting in new projects. Although regulation always lags behind reality, it is worth highlighting that today we professionals already have sufficient legal tools to enforce the intellectual property rights of creators,” she concluded.
Alongside the representative from PONS IP, the discussion featured the participation of leading experts from the sector, such as María Climent, Head of Legal & Business Affairs at GTS; Álvaro Hernández-Pinzón, Director of Global Business at the Association of Performers (AIE); Diego Zavala, musician and specialist in business development and related rights at the AIE; Javier Portugués Arribas (“Portu”), member of the Board of Directors of SGAE and specialist in editorial and phonographic A&R; and Jacobo Serra, artist, composer and music producer.
Among the key points of the discussion were the use of protected works to train AI models, the generation of works based on this technology, the lack of effective mechanisms for copyright compensation, the proper identification of rights holders in works, and the need for transparency and traceability in the use of this content by third parties. The experts agreed on the urgent need for specific regulations to protect the voice, image and style of artists against unauthorised use by AI algorithm training and automatic content generation systems.
From a regulatory perspective, the implications of the European Regulation on Artificial Intelligence were analysed, which incorporates transparency criteria but, according to the experts, poses “a difficult balance with the protection of intellectual property”. In the words of Álvaro Hernández-Pinzón from AIE, “in the current situation, it is essential to adapt the copyright remuneration model to make it fair and equitable, as well as to find legal formulas that allow authors to exercise their rights over the use of their works by AI algorithms or platforms.”
In turn, Javier Portugués “Portu” warned that, with the advent of AI, “I don’t know what the future holds for authors, but I do know the challenges we face, especially in terms of copyright. Spain is currently at the forefront of the EU in defending the rights of creators, but the current draft legislation being formulated still needs to be improved, as, if approved as it stands, it could lead to a 28% reduction in authors’ income, according to SGAE estimates.”
María Climent, in her position as Head of Legal Affairs at GTS, stressed that “we cannot demand that the regulator anticipate the speed required by a reality as disruptive as AI. That is why, at GTS, we work on a case-by-case basis, using existing legal mechanisms to turn AI into an ally, while protecting the rights of our artists and anticipating risks.”
Diego Zavala closed with a positive reflection on the role of technology: “Technology has been transforming our industry for decades. AI can be a great opportunity to showcase the talent of creators, which is our true competitive advantage.” Zavala called for a rethink of Intellectual Property Law, moving towards a more robust regulatory model that guarantees fair remuneration and recognition for creative work, as well as greater legal certainty to face the future in an increasingly digitalised and automated environment.
The conference concluded with a live performance by Jacobo Serra, who, in addition to considering intellectual property rights to artists’ work to be “intrinsic and inherent”, put the finishing touch to a key event for the debate on the present and future of intellectual property in the age of artificial intelligence with a live performance of “Abril” from his latest album “Doce” in the attic of the Fundación PONS.
If you would like more information on how the emergence of artificial intelligence (AI) in the creative sector is transforming the way artistic and cultural content is created, produced and distributed,
If you were unable to attend, the full video of the event is now available.
