We share the opinion column written by our associate from the IP Group, Tech and Data, Fernanda Rodríguez on the use of AI in the music industry and implications regarding intellectual property.
The recent release of the song “Where That Came From” by legendary country singer Randy Travis has generated excitement and controversy in the music industry. This is because, for the first time since his stroke in 2013 (which left him unable to speak or sing), he presented a new song, but with an innovative and controversial twist: the voice in the melody is not his, but was replicated through artificial intelligence.
Although Travis supervised and gave his consent, the question arises: what will happen when dealing with deceased artists whose rights belong to record companies? This fact opens the door to a great debate in the world of AI and the music industry: the possibility of using the voices of deceased artists to produce new songs. In response to these challenges, Tennessee enacted the Elvis Law, protecting the voices and image of artists from the misuse of AI. This regulation seeks to defend the identity of composers and performers against “deep fakes” and other emerging technologies, expanding the legislation on the protection of personal data, to incorporate protection in defense of the voice and image of musical artists.
The fact that AI is a risk in the musical field for third parties to use this platform, whether to replicate the voice or image of a living or deceased person, specifically violates the right to image and personal data. It can even cause copyright infringement if the circumstances that generate said infringement arise.
In Chile, since 2021 we have had a National Artificial Intelligence Policy, without prejudice to the fact that to date there is no comprehensive regulation of AI. However, on May 7, the Executive Branch presented a draft Artificial Intelligence Law before the Chamber of Deputies, to regulate AI systems in the country. If we analyze the risks linked to the unauthorized use of the voice in Chile, we delve into two different legal areas: the right to the image and personal data of artists, which persist even after their death.
The right to image is not specifically regulated in the legislation of our country, but it is considered a very personal right, that is, inherent to the person themselves. This implies that it cannot be transmitted by inheritance. However, jurisprudence has recognized the possibility that heirs can take legal action to protect the image rights of the deceased person in specific cases.
On the other hand, it is worth mentioning that the voice also constitutes personal data, which is why the new personal data bill establishes that the voice constitutes sensitive biometric data, which allows a person to be identified without doubt. This project seeks that, in the event of the death of the owner, the rights recognized by this law can be exercised by his heirs. Without prejudice to this, they will not be able to access the data of the deceased, nor request its rectification or deletion, when the deceased person has expressly prohibited it or it is established by law.
Thus, the case of Randy Travis reminds us of the importance of carefully approaching the use of artificial intelligence in the field of music, image, personal data and intellectual property.
Recent Comments