ABSTRACT
This chapter outlines how legal arguments can be constructed whereby a nonhuman legal person – an AI – could be capable of corporate immortality and how such radical positions challenge the human-centred design of intellectual property (IP). The chapter begins by noting the global movement to harmonise IP law and establishes the centrality of music copyright to the music industry’s economy. The historical development of fundamental legal theories is presented so that essential concepts in music copyright such as creativity and originality can be accessed concerning AI. To comprehend the legal perplexities of music generated by unsupervised machine learning, DeepMind’s WaveNet AI is considered. Supporting legal challenges, including the potential of AI being granted legal personhood for AI, are noted, and the chapter concludes that the protection offered by music copyright law is fragile when its case law has its roots in the precomputerised age. In a chapter addendum, David Hughes, Chief Technology Officer at the Recording Industry Association of America (RIAA) 2006–2021, provides high-level music industry reflection on chapter themes.
