Spitz Park v. ECAD (AI-generated music)

Liability for AI outputs

Is an AI provider liable when outputs copy protected works?

Closer to provider liable

Playing AI-generated music doesn't escape royalties where it may reproduce protected songs

Holding

A theme park switched to AI-generated music to avoid licence fees. The court upheld the collecting society's charges: AI output is not a copyright-free zone, it may reproduce protected works it was built from, so communicating it can also communicate those works, and the burden is on the user to show the AI music is original.

Liability for infringing AI output reaches the business that uses it, not only the provider.

Principles it bears on

• SupportsAn AI system that memorises or reproduces protected works in its outputs can infringe.

Sources