Sony Music: no AI training on our artists' music without consent

On 16 May 2024, in a formal declaration (Declaration of AI Training Opt Out), Sony Music Group warned AI developers and music streaming services not to use its content to train AI without express permission. According to the BBC it has also sent a letter to more than 700 companies, because Sony has reason to believe that the addressees “may already have made unauthorised use” of its music. This is a significant step in protecting the rights of artists and songwriters.

Source: Sony Music Entertainment

Can Sony simply demand this?

Developers of AI systems have the possibility of relying on what is known as text and data mining. In the Netherlands this is set out in article 15o of the Copyright Act. The text and data mining exception means that, in principle, everything lawfully accessible to the public may be “used” by an AI system to train itself, unless rightholders have expressly reserved that use. That can be done through an opt-out.

Sony’s declaration could be an example of such a reservation. Whether a reservation of that kind holds up in practice will only become clear once it is litigated.

It appears that where a reservation is not machine-readable (because it does not appear in the metadata and/or the terms and conditions of a website or a service), an appropriate reservation can be made by other means, such as a unilateral declaration of the kind Sony has made. In my view there is a good chance that such a declaration and/or letter would hold up as an appropriate express reservation under Dutch law.

In the United States a number of cases have already been brought in which rightholders are seeking to prohibit AI systems from using their content for training purposes. George R.R. Martin, the writer behind Game of Thrones, has brought proceedings against OpenAI, the company behind ChatGPT; comedian Sarah Silverman has done so against OpenAI and Meta; and The New York Times recently did the same against OpenAI.

Protecting artists

In its declaration Sony emphasises that, with the rise of generative AI, the importance of human creativity and the value of the copyrights of artists and songwriters have to be respected. Artists and songwriters should retain control over their works and be fairly compensated for them. Through this opt-out declaration and letter Sony makes clear that its music may not simply be used for AI training without its consent and, where appropriate, payment.

Source: CNN

Streaming platforms

Various sources say Sony is also in negotiation with streaming platforms to have their terms and conditions amended so that text and data mining is not permitted. The content covered includes “musical compositions, lyrics, sound recordings, audiovisual recordings, artwork, images, data, etc.” for any purpose, including “training, developing or commercialising an AI system”.

Transparency and licences

According to the BBC, Sony asks the more than 700 companies in its letter for details of the tracks used, how they were obtained, how many copies were made and why those copies were necessary. Sony requires the companies to respond within a set period. It also indicates that it is open to discussions about concluding licence agreements.

It appears that Sony is taking this action partly because of the adopted AI Act, which obliges certain AI developers to disclose which content was used to train their AI models. The AI Act will contain strict documentation and transparency requirements for certain AI systems.

Sony’s declaration underlines the need for transparency, licence agreements and the protection of copyright in a technological landscape in which generative AI keeps growing.

Need help drawing up opt-outs, licence agreements or terms and conditions in relation to AI? Do get in touch with us.