Your Favorite Sound (copyright law/neighboring right/performance/AI)
Your Favorite Sound (copyright law/neighboring right/performance/AI)
Li Dongtao
Description: an enclosed public space is not a public domain
A. The case
When I hear your favorite sound
I know my love is near.[1]
This is a case about “SOUND”.
The plaintiff is a famous singer.
The defendant is a .com company.
In June 2005, the singer became famous after singing a love song in a concert.
The concert was held in a concert hall in a city and the audiences were local citizens with the tickets sold publicly by the organizer. ldt
3 days later, the plaintiff found her performance was broadcast on the defendant’s website, the video was a recorded version taken from the concert.
The plaintiff sued the defendant for the infringement of her performer’s right.
The defendant argued that the infringement was not established because the plaintiff’s performance was in the concert hall, a public space, a public domain.
B. Analysis
The infringement of the performer’s right is established. Because:
a. Performer’s interpretation and performance of a work can also produce an artistic accomplishment and need copyright law protection, related to the author’s achievement; a performer is entitled to the performer’s right (neighboring right);
b. when the tickets were sold by the organizer of the concert, the concert hall was enclosed and no longer a free and public space, a public domain;
c. even performing in a concert hall, the plaintiff is still entitled to the right to broadcast her performance online, without her permission, no one is allowed to do so.
In short, hear the favorite sound, know the infringement, not love.
C. AI.TikTok
In order to generate an output like a favorite sound, a generative AI system must first learn from not only the lyrics of a song, but also the real performances of actual singers.
It has to be trained with words and voices of performers.
How to figure out its creativity?
TikTok settled a lawsuit in 2021 with voice actress Bev Standing, who claims the company used her voice without permission for its text-to-speech feature.[2]
In view of copyright law, Neighboring right shouldn’t be deleted in any AI environment.
[1] Birds Sing Your Song POEM By Bobby Ferguson at www.poetry.com/poem/66963/birds-sing-your-song
[2] AI-Generated Content and Copyright Law: What We Know Written byEllen Gloverat builtin.com/artificial-intelligence/ai-copyright
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