How ASCAP Is Helping Music Creators Navigate AI

“Humans first. That is our position.”
-ASCAP CEO Beth Matthews at the 2023 ASCAP AI Symposium

The recent upswing in awareness about artificial intelligence has raised both exciting new possibilities and real concerns for music creators. While sophisticated AI tools are being used by creators as aids to composition, marketing and more, the regulations that will protect their work in the context of AI are still being written.

Nobody has all the answers, and that uncertainty can feel challenging. But ASCAP has protected the value and the dignity of our members’ music for more than a century of technological disruption, and we’ll continue to do so as AI evolves.

We view AI as an opportunity to innovate, and help our songwriter, composer and music publisher members do the same. How do we do that? By engaging in conversation with the music, tech and legal communities, and ensuring that our members have a seat at the table with policymakers. That’s what places us at the forefront of shaping the future of music and AI.

Learn more in our AI FAQ below.

"We urge policymakers and the general public to understand and respect the creative process, recognize the fundamental right of music creators to fully consent to and participate in the exploitation of their music, and support a strong copyright office and the laws which have served and supported music creators for more than 200 years."

-Writer Members of the ASCAP Board of Directors

Read the full joint statement

PRINCIPLES

The ASCAP Board of Directors has adopted a set of six key, creator-centric principles guiding our response to AI.

Human Creators First | Prioritizing rights and compensation for human creativity

Transparency in identifying AI vs. human-generated works and for AI companies to disclose what copyrighted works were used in training their algorithms

Consent | Protecting a creator’s right to decide whether their work is used in AI training

Compensation / Free Market | Making sure creators are paid fairly when their work is used in ANY way by AI, which is best accomplished in a free market, NOT with government-mandated licensing that essentially eliminates consent

Credit | If consent is granted, when creators’ works are utilized to produce new AI-generated music

Global Consistency | An even playing field that values intellectual property globally

ADVOCACY

ASCAP is already in DC, having discussions on Capitol Hill and participating in policy roundtables about AI. We’re there to make sure music creators have a voice in how new laws and regulations are formed. That's what we mean by "creator first, future forward." We will always put the rights of music creators first, just like we have since 1914.

Read about ASCAP & AI in DC

Frequently asked questions

ASCAP & AI

What are the types of musical works that can be created through the use of AI technologies?

Musical works created using AI can generally be divided into two categories: Fully AI-generated musical works and Partially AI-generated musical works.

A fully AI-generated musical work is a work that is created completely using artificial intelligence computer algorithms, without human authorship.
A partially AI-generated musical work is a work that combines elements of AI-generated musical content with elements of human authorship. For example, a song that contains AI-created music with lyrics written by a human, or vice versa.

May I register with ASCAP a work created using AI?

You MAY NOT at this time register fully AI-generated works with ASCAP.
You MAY register partially AI-generated works with ASCAP.

Can I receive a federal copyright registration from the US Copyright Office for a work that has been created using AI?

The current policy of the US Copyright Office is to consider works generated with the assistance of AI on a case-by-case basis, depending on “how the AI tool operates and how it was used to create the final work.” Musical works that have been fully generated by AI are not eligible for copyright protection under current US law. However, if a work is a partially AI-generated work, containing both AI-generated and human-created content, it may be possible to claim a copyright for the human-created content, but not the content generated using AI. Ultimately, applicants have a responsibility to disclose the use of AI in their copyright application to the US Copyright Office. We encourage you to learn more about the US Copyright Office’s approach to partially AI-generated works here: https://www.copyright.gov/ai This approach may evolve as AI technologies evolve.

Can an AI company be considered an author of an AI-generated work?

No, current US copyright law maintains that copyrightable works must be “the product of human authorship” and, therefore, an AI company cannot be considered an author of an AI-generated work.

What actions has ASCAP taken with respect to AI?

We believe AI can be a powerful tool for innovation – both for ASCAP and for our members – but only if technology companies play fair and respect the rights of creators. In June 2023, the ASCAP Board of Directors were among the first leaders in our industry to adopt six key principles guiding our approach to AI:

Human Creators First: Prioritizing rights and compensation for human creativity
Transparency: In identifying AI vs. human-generated works and for AI companies to disclose what copyrighted works were used in training their algorithms
Consent: Protecting a creator’s right to decide whether their work is included in AI training
Compensation / Free Market: Making sure creators are paid fairly when their work is used in ANY way by AI, which is best accomplished in a free market, NOT with government-mandated licensing that essentially eliminates consent
Credit: If consent is granted when creators’ works are utilized to produce new AI-generated music
Global Consistency: An even playing field that values intellectual property globally

ASCAP was the first and only US public performance rights organization to launch a slate of initiatives to help music creators navigate the future while protecting their work, including hosting multiple ASCAP AI Lab Challenges and organizing AI Symposium meetings to educate our members. ASCAP regularly meets with Members of Congress to address AI concerns and ask that they act to protect ASCAP member copyrights by following our AI principles. In addition, ASCAP has filed comments in response to the US Copyright Office study on generative AI and the White House AI Action Plan, signed letters advocating for the respect of human creators and US copyright law and voiced support for proposed legislation that aligns with our AI principles.

In the US do AI companies need licenses to train their systems or is it considered “fair use”?

We firmly believe that training AI models on copyrighted material should require consent of a rights holder in the form of a license. Today, far too many technology companies are using the works of American creators to train generative AI models without their consent, without giving creators credit by name, and without compensating those creators for the use of their work. ASCAP is closely monitoring the lawsuits that have been filed that address these concerns and we are actively encouraging policymakers to protect the rights of human creators by guaranteeing consent, credit and compensation when their work is used by generative AI companies. You can learn more about this topic here: https://www.fairlytrained.org

ASCAP & AI

How ASCAP Is Helping Music Creators Navigate AI

Senate Judiciary Subcommittee Agrees with ASCAP: Strong Copyright Laws Fuel Innovation

ASCAP Submits Comments to Protect Music Creators in Federal AI Action Plan

PODCAST: The ASCAP Lab Gets Down to Business with AI

U.S. Copyright Office AI Guidance Agrees with ASCAP: Human Creators First

PRINCIPLES

"What we love about AI is it potentially allows music creators to focus on being really human, and doing the things that humans do best."

Watch videos from ASCAP's AI Symposiums

UPDATE: ASCAP Advocates for Music Creators in Comments to US Copyright Office on Generative AI

EDUCATION

INCUBATION

ADVOCACY

JUNE 13, 2023: ASCAP Introduces Slate of AI Initiatives to Help Music Creators Navigate the Future While Protecting Their Work

Ready to Join ASCAP?

We are the only performing rights organization in America operating on a not-for-profit basis, and the only one that puts creators first.

Frequently asked questions

Please be sure to check back in with ASCAP by visiting this page for updates on our AI policies as they continue to evolve, including guidance on how to register these types of works in the future.