9/1/25

AI vs. IP in Music: An Issue for Ethnomusicology


I eagerly look forward to co-hosting the 2025 SEM Historical Ethnomusicology Section meetings with its current Chair, Otto Stuparitz, and to giving the following presentation at the 70th Annual Meeting of the Society for Ethnomusicology



AI vs. IP: Who Owns the World’s Music Today?


David G. Hebert (Western Norway University of Applied Sciences) 



Abstract: 

At the 2025 Paris AI Summit, VPOTUS Vance declared to world leaders that “excessive regulation” harms the AI industry and will not be tolerated by the USA. His position contrasts with another VP, that of the world’s largest music company (Universal), who denounced AI’s “wholesale hijacking of the intellectual property of the entire creative community.” Indeed, as Suchir Balaji showed, the “fair use” doctrine cannot reasonably apply to the “training” of AI, whether in the form of text, images, or music, since the resulting synthetic products are designed to compete commercially with human-made creations. Law has arguably not kept pace with new technologies, including music AI, which flagrantly violates the spirit of copyright. How are ethnomusicologists to respond to AI in ways consistent with our values? Currently, the US, China, and Europe are the main centers of AI innovation, and of these the EU most explicitly protects privacy and AI safety (e.g. GDPR, EU AI Act). The US is also one of the only major countries that is not a signatory to major international agreements for safe AI development. Since SEM is a US-based organization, its members must consider the impact these US policies will ultimately have on music ownership and music creation worldwide. Based on a decolonial approach to IP in the context of international law, this presentation will identify established ethnomusicological values, then outline the legal arguments (and counterarguments) for regulating AI to protect musicians, promote cultural survival, and even ensure the future of human personal identity.

 

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This theme is also related to the work that our new postdoctoral researcher, Karan Choudhary, will pursue over the next few years, and who I hope may join me in future SEM conferences. His earlier work appears in the book Ethnomusicology and Cultural Diplomacy as well as various law journals. 

 


Image source:

https://en.wikipedia.org/wiki/Atlanta#/media/File:Atlanta_Skyline_-_Piedmont_Park.png