Artificial intelligence (AI) is rapidly changing how music is made. In response, we have created a simple set of rules that clarify Koda’s requirements when you wish to register songs or compositions where AI has been used in the creative process. Overall, we distinguish between AI-assisted and AI-generated music.
As a rule of thumb, you can register works as a rightsholder whenever you have created new music and accompanying lyrics – including when you have used AI as a tool in the creative process. However, you must have made a significant creative contribution to the finished work. You cannot register a song where the music and lyrics are both fully AI-generated.
Music that is 100 percent AI generated cannot be registered
It is generally recognised that copyright protection can only be obtained for a musical work if it is the result of a human, creative effort. Therefore, if a song is 100 percent generated by AI, it cannot be registered as a work.
AI-assisted music is registered by the author
When you use generative AI tools as part of your creative process, Koda regards these tools as aids that, when combined with sufficient human and creative effort, can contribute to the finished work. However, you must process the text or music generated by the AI in order to obtain copyright protection. If you do so, you can, as author, register the AI-assisted lyric or music with Koda.
If one of either lyrics or music is 100 percent AI-generated
If just one of the elements of a song – either the lyrics or the music – is 100 percent generated by AI, you will not receive payment for said AI-generated element. The man-made element will enjoy protection and prompt distributions as usual. The 100 percent AI-generated element of the work must be registered using the rightsholder type ‘AI Koda’.
How much does it take for a work to be considered AI-assisted and not purely AI-generated?
The threshold for when AI merely assists or is considered to have fully generated a piece of music/lyric is not well defined. However, it will probably require more than just changing a comma, adjusting a few words, trimming some lines, or carrying out similar minor editing to an AI-generated product before it can properly be called an AI-assisted work.
If you have injected enough personal creativity into the post-processing of an AI-generated product to make the ‘AI product’ change character and become a ‘work’ that can be protected under the copyright laws’ requirements regarding human creativity and originality, the work (comprising lyrics, music, or both) can be copyrighted and managed by Koda.
Shared international principles
Koda wants to maintain simple and transparent rules that protect human-made music while also facilitating the music creators’ use of new technology. Koda’s rules for registering music where AI has been used reflect international copyright practice and the guidelines agreed upon by Koda's international partners. Therefore, we introduce identical principles in cooperation with our Nordic sister organisations.
You are responsible for ensuring that your registration with Koda is correct
AI companies may have reserved the rights to the output created by the service, which may mean that you do not have the rights to the music or lyrics generated by the AI service. In your capacity as author, you are always fully responsible for the musical works you register with Koda. When you register music and lyrics with Koda, you declare that it is your own work and that you own all the rights to it (possibly shared with other rightsholders). Koda always reserves the right to reject registrations that break the rules. This of course also applies when generative AI is used.
Furthermore, you should be aware that many AI services do not disclose which music and lyrics they use to train their AI systems. This means that as a user of AI services, you cannot be sure whether the service infringes on the copyright of others – or even your own. Koda is working to promote transparency and legislation in this area to ensure payment to members.
Registering an unusually high number of works annually
If an author member wishes to register an unusually large number of works, giving rise to a presumption that the high productivity is due to the use of AI, for example, Koda reserves the right to charge an administration fee.
How to register your works
- You can register a work where you have used AI as a tool in the creative process provided that you have made sufficient creative contributions for it to be considered a work according to prevailing copyright law
- You must register yourself as the author (possibly alongside other participating human rightsholders) when you have used AI tools to assist your writing
- You cannot register songs that are 100 percent AI generated
- If one of the elements of a song – either the lyrics or the music – is 100 percent generated by AI, this part must be registered using the copyright holder type ‘AI Koda’. You will not receive payment for the purely AI generated element
- Please note that Koda reserves the right to charge an administration fee if you wish to register an unusually large number of works
