As the AI march continues, concerns about its impact on creative professionals, particularly in the music industry, are growing. The UK All-Party Parliamentary Group on Music (APPG on Music) recently published a report titled "Artificial Intelligence and the Music Industry – Master or Servant?" which highlights the need for legislation to protect artists from AI-generated deepfakes and false endorsements.
The report calls for the introduction of a specific UK personality right. This right would safeguard creators and artists from the misappropriation of their likeness and voice through AI-generated content.
Currently, UK law does not have a 'personality right' or 'image right.' Instead, an individual's likeness or voice is protected through a mish mash of copyright, passing off, and data protection rights. The proposed personality right would provide a more comprehensive and targeted protection for artists in the face of rapidly evolving AI technologies.
The introduction of a personality right would have significant repercussions for the music industry. Contracts between artists and labels would need to be re-examined to determine where these new rights fall. Additionally, the report urges for greater transparency in AI, calling for the creation of an international taskforce on AI and a UK AI Act.
While the introduction of a personality right could provide much-needed protection for artists, it also presents challenges. Passing off relies on the individual to establish the facts in each case. Not every use of a person's face would necessarily be problematic, and the context of the usage must be considered. Eddie Irvine (His case against Talksport was the first decision in the UK in which a passing-off action was successfully presented, in relation to a false endorsement case) and Rihanna (vs Topshop) and Michael Douglas & Catherine Zeta-Jones (vs Hello magazine) are three notable examples.
The UK government's response to the APPG on Music's report will be crucial in determining the future of AI regulation in the creative industries. The government has generally expressed a 'pro-innovation' approach to AI and technology regulation, which could potentially conflict with the desire to protect artists' rights.
The growing concern over AI's impact on the music industry, as highlighted by the APPG on Music's report underscores the urgent need for legislative action. The introduction of a UK personality right, along with increased transparency and collaboration between industry professionals and the government, could help safeguard the future of artists and their work.