AI Covers of Famous Songs Spark Legal Concerns and Debate on Artist Rights | Be Korea-savvy

AI Covers of Famous Songs Spark Legal Concerns and Debate on Artist Rights


YouTube searches for "Bam Yang Gang AI" yield dozens of AI cover videos of the song "Bam Yang Gang" by the popular singer Bibi, each featuring different voices replicated through AI. (Photo: a screenshot from Youtube)

YouTube searches for “Bam Yang Gang AI” yield dozens of AI cover videos of the song “Bam Yang Gang” by the popular singer Bibi, each featuring different voices replicated through AI. (Photo: a screenshot from Youtube)

SEOUL, Mar. 14 (Korea Bizwire) – The proliferation of AI-generated cover songs that mimic the voices of famous singers has sparked controversy and raised legal concerns, as these ‘AI covers’ spread across YouTube, potentially infringing upon the rights of the artists involved.

Legal experts warn that such activities, especially when they generate sponsorship or advertising revenue, could lead to lawsuits. The development of AI technology has brought to the fore disputes related to the ‘right of publicity’, which protects individuals from unauthorized commercial use of their name, likeness, signature, or voice.

YouTube searches for “Bam Yang Gang AI” yield dozens of AI cover videos of the song “Bam Yang Gang” by the popular singer Bibi, each featuring different voices replicated through AI.

The technology has been applied to a wide range of artists, including IU, Baek Yerin, Lee Su-hyun of AKMU, Oh Hyuk, Choi Jung-hoon of Jannabi, comedian Park Myung-soo, and actor Hwang Jung-min, with some videos amassing up to 2.8 million views. 

While earlier AI-generated videos were noticeably different from the original performances, recent advancements in AI technology have made it possible to create covers that closely mimic the actual singers.

The ease of creating such videos has led to widespread dissemination of the technique, even among amateurs.

Singer Jang Yoon-jeong expressed her discomfort upon encountering an AI cover of “Bam Yang Gang”, calling the phenomenon “creepy” and questioning the purpose of recording music if AI can replicate singing so convincingly.

She acknowledged, however, that live performers might not face the same issues due to the unique emotional and physical experience of live performances.

Under current copyright laws, a singer’s voice is not considered a creative work like a song, meaning these AI-generated works are not protected.

However, using a person’s voice without permission could violate their right of publicity.

The Unfair Competition Prevention and Trade Secret Protection Act in Korea prohibits unauthorized use of widely recognized individuals’ names, likenesses, voices, or signatures for commercial purposes, potentially classifying commercial AI cover song production as an act of unfair competition.

Professor Park JunWoo from Sogang University Law School emphasized that unauthorized use of a celebrity’s voice or likeness could be regulated and subject to damage claims under the Unfair Competition Prevention and Trade Secret Protection Act.

The Korean Intellectual Property Office also highlighted the economic value of a celebrity’s voice, suggesting that using it in AI videos could be considered a violation of their rights, even if the uploader does not directly seek profit, as advertising revenue from YouTube could still constitute commercial activity.

The Ministry of Culture, Sports and Tourism has been proactively addressing copyright issues in the AI era, operating an “AI-Copyright System Improvement Working Group” since last year.

The group emphasizes the need for prior permission to avoid copyright infringement in AI cover song production, noting potential legal consequences for unauthorized use or distribution on social media and other platforms.

To keep pace with the rapid advancement of generative AI technology and its implications for copyright, the Ministry, along with the Korea Copyright Commission, has been engaging experts and stakeholders in discussions through the working group.

They aim to consider the rights of creators and the development of the AI industry when debating the protection of AI-generated content and mandatory disclosures.

Plans are underway to announce future policy directions by the end of the year, focusing on securing lawful usage rights, facilitating copyright transactions, and supporting the protection and management of copyright in the AI-generated content ecosystem.

M. H. Lee (mhlee@koreabizwire.com) 

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