Artificial Intelligence and Music Mash-Ups: Monetizing an Opt-In Closed Universe Database to Preserve Royalties and Credit for Composer and Sound Recording Rights Holders

This Article charts the development of an opt-in database of music publishing and sound recording catalogues that would allow music industry stakeholders to profit from those who use artificial intelligence to generate new creative content from existing intellectual property. The database would be a portal to content that rights holders would consent to include in a library made available to the public. The database could be advertiser-supported, allowing for no-cost access by the public, or users could pay for a blanket license or per- search fee. Proceeds from the database would be distributed to rights holders based on the content elements “scraped” from the database in answer to the user’s AI prompt. The Article proposes an “ingredient box” that would list the AI elements, proportionally, in the final product. With industry buy-in, stakeholders who participate in this system could receive royalty payments and credit acknowledgments for their work; in return, members of the public who use the system would get a safe harbor from copyright liability for use of the database content.