Can I Copyright AI-Generated Music?

Dear Will & AiME,

We’re using AI to generate background music for our videos. Can we copyright the tracks?

— Video Producer in Los Angeles

Short answer💡

Not on its own. AI-generated music typically isn’t eligible for copyright unless there is meaningful human input, but licensing terms and creative contributions can still provide practical rights and protections.

Dear Video Producer in Los Angeles,

AI-generated music is an exciting tool, but copyright law does not currently recognize works created solely by AI. This means if AI composes a track without significant human input, it may not be eligible for copyright protection under U.S. law.

Why AI-Generated Music May Not Qualify for Copyright

Copyright law protects original works of human authorship. Since AI lacks legal authorship, fully AI-created music may not receive protection. Key issues include:

  • No automatic copyright protection – AI-generated music might not be legally owned by anyone.

  • Potential licensing concernsAI models are trained on existing compositions, which could lead to inadvertent copyright issues.

  • Lack of enforcement rights – If you can’t copyright the track, enforcing against unauthorized use is difficult.

How to Protect and Use AI-Generated Music Legally

To secure ownership and avoid legal risks, consider these steps:

  1. Add Human Creativity
    If you modify, remix, or enhance AI-generated music, your contributions may qualify for copyright protection. One option is to input your lyrics into an AI music generator. The portions that are human-created may be protectable.

  2. Use AI Tools with Clear Licensing Terms
    Some AI music platforms grant exclusive or commercial licenses, ensuring your rights to use the generated tracks.

  3. Consider Alternative Protections
    If copyright isn’t an option, trademarks or contractual agreements may help protect your branding and usage rights.

AI is revolutionizing music production, but human involvement is still key to securing legal rights over the final work.

-Will & AiME

Three Takeaways:

  • AI-generated music may not qualify for copyright protection without human involvement.

  • Using AI music tools with clear licensing terms helps avoid legal issues.

  • Human modifications can establish copyright eligibility for AI-assisted compositions.


Will Schultz & AiME

Will Schultz is an intellectual property and technology attorney and chair of Merchant & Gould’s Internet, Cybersecurity, and E-Commerce practice. He advises businesses on AI, online platforms, digital assets, and emerging technology law, drawing on experience as both a lawyer and entrepreneur.

https://www.merchantgould.com/people/william-d-schultz/
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