US Copyright Office Explores AI’s Complex Role in Music Copyright Protection

The US Copyright Office launched a major initiative in early 2023 to examine the copyright and policy challenges posed by artificial intelligence (AI), particularly in the music sector. This effort seeks to clarify how copyright law applies to works generated wholly or partially by AI, and what level of human authorship is necessary for protection under US law.

Miriam Lord, Associate Register of Copyrights and Director of Public Information and Education, recently interviewed two senior Office experts, Senior Counsel Chris Weston and Assistant General Counsel Jalyce Mangum, to share insights from the initiative’s progress and findings.

Chris Weston emphasized that copyright protection depends on national laws, with international treaties helping harmonize rights across borders. He noted the complexity in music copyright, where rights in compositions and sound recordings often involve multiple rightsholders. The US system uniquely includes an examination process for copyright registrations, which, while not mandatory, offers significant legal benefits. This examination process provides the Office with a practical “laboratory” to address emerging issues related to AI-generated content.

Jalyce Mangum described the Office’s broad approach, which included issuing guidance for authors on registering works containing AI-generated material, hosting public listening sessions and webinars, consulting experts and stakeholders, and soliciting public comments. The Office received over 10,000 comments, which informed its ongoing work.

The Office has published two key reports: “Copyright and Artificial Intelligence – Part 1: Digital Replicas” (July 31, 2024), addressing unauthorized digital replicas, and “Part 2: Copyrightability” (January 29, 2025), focusing on the copyrightability of generative AI outputs. A forthcoming policy report will address legal issues related to training AI models on copyrighted works, including licensing and liability considerations.

Mangum highlighted that the Office identified an urgent need for a new federal right to protect individuals’ rights in their digital likenesses, extending beyond celebrities to all people.

During consultations, the music community—including performers, songwriters, composers, publishers, record labels, trade organizations, and advocacy groups—raised five main concerns. First, the importance of human authorship and the impact of AI on human creativity. Second, potential labor effects, fearing AI-generated content might flood the market and displace human-created works. Third, control and compensation for use of personas and copyrighted works. Fourth, recognition of AI’s potential to assist creativity and enable performances by deceased artists. Fifth, questions about licensing models, debating voluntary, collective, or compulsory frameworks and whether rights holders should opt in or opt out.

The Office’s work on unauthorized digital replicas—AI-generated likenesses of individuals without consent—has led to recommendations for a new federal right to protect against such uses. This approach aims to safeguard personal rights in the digital age while balancing innovation and creative expression.

Overall, the US Copyright Office’s initiative reflects a careful balancing act: protecting human creativity and rights holders’ interests while accommodating the transformative potential of AI technologies in music and beyond. The forthcoming policy reports and legislative recommendations will be critical for shaping the future legal landscape at the intersection of AI and copyright.

As AI continues to evolve, the Office remains engaged with stakeholders globally to refine copyright policies that address these novel challenges, ensuring that copyright law remains relevant and effective in the digital era.