On Wednesday 4th March, IBIL hosted its Annual Copyright Lecture.
This year, the lecture was titled ‘Music, Copyright, and Contracts in the Age of AI: Out of Tune or Perfect Harmony?’ and brought together a distinguished panel of Prof Séverine Dusollier (SciencesPo, Paris), Chris Cooke (Complete Music Update), Ed Baden-Powell (Simkins LLP), and Dr Natasha Mangal (CISAC). The event was expertly chaired by UCL Honorary Professor of Practice, The Rt Hon. Prof Sir Richard Arnold.
The topic of music and contracts in the contemporary world was chosen to coincide with the fifth anniversary of the implementation deadline for the EU Directive on Copyright in the Digital Single Market (‘CDSM’). Granting authors and performers an entitlement to appropriate and proportionate remuneration, and even the power to unilaterally revoke contracts in certain situations, the Directive sought to level the playing field for creators. Although the UK had the option of implementing the Directive pre-Brexit, it chose not to.
With this in mind, Professor Dusollier began the lecture with an explanation of the roles and dynamics in the music industry and how copyright is licensed and exploited by different parties. She gave a fascinating and comprehensive analysis of how the CDSM Directive has altered these structures and changed the way that remuneration flows to authors. Following on, Chris Cooke also spoke on the structures that govern the music industry, explaining the roles of the different players and how musical deals are structured. Within this, he also spoke about the ways that creators can best manage returns on their work, especially in the age of AI.
Ed Baden-Powell then took the audience through the practical commercial outlook of parties in the music industry when negotiating licenses and contracts, emphasising the value placed on freedom of contract that has been maintained following the UK’s non-implementation of the Directive. His section of the lecture also shed light on the flexible nature of music contracts, even though some standard terms can prove a hinderance to appropriate remuneration in the AI age.
Finally, Dr Mangal concluded the talk with her analysis of licensing and rights promotion. Through her continental experience, Dr Mangal’s compelling talk proved a perfect bookend to the lecture, touching on a wide array of aspects of copyright in the world of music contracts, especially in light of the real challenges creators face with the growing challenges of generative AI models, the training of which requires the use of vast amounts of usually unlicensed works. She examined blanket licenses and the work organisations like CISAC can do to promote the interests of creators.
The Chair concluded the event by leading a Q&A session, with panellists offering fascinating answers on questions relating to the effectiveness of transparency measures, the adaptability of UK statute law to the challenge of AI, and on performers’ rights. The event, all in all, offered a fascinating and comprehensive insight into copyright and music contracts.
If you are involved in the world of IP and contracting, then you may be interested in registering for our IP Transactions: Law and Practice CPD course, more information: here.