Legalities of Using AI-Generated Music in Your Paid Game

In today's digital age, creators are constantly exploring innovative ways to enhance their products. One such method is the use of AI-generated background music in paid games. However, the question of legality often arises, particularly when the generated music sounds similar to an existing composition. This article delves into the legal landscape, providing clarity on whether AI-generated music can infringe on copyrights and what steps you should take to avoid such issues.

Legal Disclaimer for AI-Generated Music

It is important to understand that using AI-generated music, despite potential infringing behavior, is generally legal. Copying someone's copyrighted material is not always a criminal offense, but it does require royalty payments. Users are generally not sued for breaking the law but can face legal action if they refuse to pay back the owed royalties.

Independent Creation as a Defense to Copyright Infringement

If your game's AI-generated music sounds similar to an existing piece, you may still be covered under the principle of independent creation. According to U.S. copyright law, independent creation is a complete defense to copyright infringement. This means that you do not owe royalties if you can prove that the similarity is due to coincidence rather than intentional copying.

Case Study: My Sweet Lord vs. He's So Fine

However, the legal landscape is not always cut and dried. For instance, in the case of My Sweet Lord by George Harrison and He's So Fine by the Chiffons, despite Harrison's assertion that he composed the music independently, a judge found that the similarity was too improbable for independent creation. Harrison was ultimately required to pay royalties to the Chiffons' record company. This highlights the potential risks when the generated music is too similar.

Ensuring Originality in AI-Generated Content

Some key points to consider when using AI-generated content include:

Avoidance of Pre-existing Copyrighted Works: Unless specifically instructed to omit copyrighted materials, AI platforms tend to use copyrighted materials. Even if these materials are recognized, the AI-generated work can infringe on copyright. Separate Copyrights for Performances and Recordings: Note that music performances and recordings are subject to separate copyrights from the compositions. For example, a recording of a Mozart piece by the Brandenburg Orchestra is copyrighted to the orchestra, even though the compositions themselves are in the public domain. Human Creation Requirement: Only original works created by humans are eligible for copyright protection. Therefore, AI-generated works cannot be copyrighted.

Best Practices for Using AI-Generated Music in Games

To mitigate the risks of copyright infringement with AI-generated music in your paid game, follow these best practices:

Train Your AI on Non-Copyrighted Sources: Ensure that your AI training data is derived from non-copyrighted or public domain music. This reduces the likelihood of creating music that is too similar to existing copyrighted works. Creative License Filters: Implement filters and guidelines to ensure that the generated music does not unintentionally replicate known copyrighted works. Prominently Display AI-Generated Attribution: Clearly indicate to users and stakeholders that the music is AI-generated to avoid confusion and potential misunderstandings.

Conclusion

While the legal landscape regarding AI-generated music in games can be complex, understanding the nuances of copyright law can help you navigate these challenges. By avoiding the use of copyrighted materials in your AI training and following best practices, you can create immersive and legally compliant soundtracks for your paid games.