Given the music industry’s track record of building successful cases for unauthorised sampling and even inadvertent plagiarism (aka Cryptomnesia, as with the George Harrison ‘My Sweet Lord’ lawsuit back in the 70s) this will be the one to watch.
The music industry’s absolutist approach to copyright is a dangerous path to follow, however. How can you legally define the difference between “taking inspiration from” and “imitating”? What’s the difference between a GenAI tool creating music in the style of an artist, and an artist operating within a genre tradition?
*Everything* is a mashup or a reference, to a greater or lesser extent – that’s how culture works. We’re all standing on the shoulders of giants – as well as myriad lesser influences, most of which are subconscious. Hell, the saying “there’s nothing new under the sun” comes from the Book of Ecclesiastes, written well over 2,000 years ago.
Put legal restrictions on the right of anyone – human or bot – to build or riff on what’s come before, and culture risks hitting a dead end.
So while I have sympathy with artists’ concerns, the claim that GenAI could “sabotage creativity” is a nonsense in the same way claims that the printing press or photocopier could sabotage creativity are. Creativity is about the combination of ideas and influences and continual experimentation to find out what works – GenAI can help us all do this faster than ever. If anything, this should help increase creativity.
What *does* sabotage creativity is short-termist, protectionist restrictions on who’s allowed to do what – exactly like the ones these lawsuits are trying to impose.
