On Monday (June 22) a worldwide coalition of artists, songwriters and managers’ groups gathered together to release a letter aimed at record labels and publishers forming AI music licensing deals: “Stop the misuse of [our] rights in AI deals,” a press release announcing the letter said, adding “this is hypocrisy and an injustice which needs to stop now. Labels and publishers rightly argue that AI companies need permission to train on their music catalogue, but will not grant artists and songwriters the same rights.”
The letter follows a number of noteworthy licensing deals inked between publishers, labels and AI music companies — like Suno, Udio, ElevenLabs and others — in the past year. This includes Warner Music Group’s licensing deals with Suno, Klay, Udio and others; Universal Music Group’s deals with Udio, Spotify, Klay and others; Sony Music’s deal with Klay; Merlin and Kobalt’s deals with Udio and ElevenLabs and more.
In April, reporting from Billboard revealed that multiple top talent attorneys have been made aware that labels and publishers could feasibly use common contract language in U.S. record deals, related to blanket licensing and exploitation, to opt in artists’ works to train their AI partners’ models without seeking individual artist approval. “Some of the labels have already taken the position that they technically don’t need special approvals to train,” said Jason Boyarski, founding partner at Boyarski Fritz, at the time.
While many of the announcements about deals between AI firms and music companies note that artists can have the option to choose whether or not their name, image or likeness is used in relation to AI outputs, AI training is a different area of this licensing process that is never mentioned. “We’re seeing a differentiation between the way training — or inputs — and outputs are treated,” Audrey Benoualid, partner at Myman Greenspan Fox Rosenberg Mobasser Younger & Light, told Billboard in April.
“We are increasingly concerned that artists and songwriters in existing recording and
publishing agreements are receiving letters from major labels and publishers informing them that they will be opted in to AI-related uses by default, with little actual choice offered,” notes the letter, which was signed by Music Artists Coalition, Songwriters of North America, the Ivors Academy, Black Music Action Coalition, Artists Rights Alliance and more.
“At the same time, artists and songwriters signing new agreements are being presented with AI rights clauses as a standard condition of signing,” the letter says. Billboard has previously reported some of this new language added to signing agreements, specifically clauses from BMG, Sony and Believe, including a provision that allowed the “unlimited, exclusive rights” for Sony-owned dance label B1 Recordings to “use the recording in models and systems of generative artificial intelligence and applications based thereon, including generative AI, including [but] not limited to the analysis of the Recording for the purpose of extracting information on patterns, trends and correlations (AI training).”
“The result is a serious imbalance: artists and songwriters are being asked to give permission without sufficient information, clear terms or guaranteed remuneration,” the letter says.
The musicians’ note also includes three core principles that they want recorded music companies, publishers, policy makers, AI companies, digital platforms and more to respect: “consent and control” for artists and songwriters, “fair compensation” and “clarity and transparency.”
It also asks these companies to make “clear and public commitment” to the following guidelines in AI licensing deals: “no default opt-ins, no forced AI clauses and no use of artists’ work, voice, performance, likeness or creative identity without meaningful consent, fair remuneration and full transparency.” “The future of music must be built with artists, songwriters and their representatives, not imposed on them,” the letter concludes.
Read the full letter below:
Artists and Songwriters Must Not Be Pressure into AI Deals Without Meaningful Consent
Across the global music industry, record companies and publishers are negotiating AI deals that could shape the future of music. Yet the artists and songwriters whose works, voices, performances, likenesses and creative identities make those deals valuable are not being meaningfully consulted.
Artists and songwriters remain the primary holders of many of the rights at stake, including moral, neighbouring, image and personality rights. These rights are not label or publishers assets to be licensed without clear authority, consent and accountability. This means that artists and songwriters should be (where applicable, through their managers) the primary parties approached by AI companies to discuss such rights.
We are increasingly concerned that artists and songwriters in existing recording and publishing agreements are receiving letters from major labels and publishers informing them that they will be opted in to AI-related uses by default, with little actual choice offered. At the same time, artists and songwriters signing new agreements are being presented with AI rights clauses as a standard condition of signing.
The result is a serious imbalance: artists and songwriters are being asked to give permission without sufficient information, clear terms or guaranteed remuneration. We support innovation and recognise that AI can create new opportunities for music. However artists are not simply catalogue assets, and innovation cannot be used to override artists’ rights.
We therefore call on record companies, publishers, policy makers, AI companies, digital platforms and all industry partners to respect and consider three core principles:
Consent & Control
Artists and songwriters must actively and specifically consent before their works, voice, performance, likeness or creative identity is used in connection with AI. There must be clarity around what they are being asked to approve, and they must have control over how it will be used. It cannot be buried in broad catch-all contract language or include rights in perpetuity. Consent cannot be imposed through default opt-ins and it should not be a condition of signing a new deal. Artists and songwriters must be able to say no without fear of penalization.
Fair Compensation
Where artists and songwriters choose to participate in AI-related uses, they must receive fair and meaningful remuneration. They must share in the value created by their works, and it cannot be considered a general label asset. Artists and songwriters must be consulted and it must be clear which percentage of revenue goes to the creator, to the label and to the AI company.
Clarity & Transparency
Requests must be purpose-specific. Artists, songwriters and managers must be given clear, timely and understandable information about any AI-related deal or proposal affecting their rights in order to make informed decisions. The information must encompass which rights it includes, what uses are permitted, the safeguards in place, duration of permission and how consent can be withdrawn.
We call on all companies entering into AI music deals to make a clear and public commitment:
No default opt-ins.
No forced AI clauses.
No use of artists’ work, voice, performance, likeness or creative identity without meaningful consent, fair remuneration and full transparency.
At a time when policymakers are reviewing copyright rules in response to AI, the protection of artists’ and songwriters’ rights, voices and remuneration is not negotiable. The structures being created now will shape the music ecosystem for years to come. The future of music must be built with artists, songwriters and their representatives, not imposed on them.
Signed,
European Music Managers Alliance, European Composer and Songwriter Alliance (ECSA), Music Artists Coalition, Songwriters of North America (SONA), National Independent Talent Organization (NITO), International Artists Organization (IAO), Artists Rights Alliance (ARA), Black Music Action Coalition (BMAC), Association of Artist Managers (Australia), Music Managers Forum Aotearoa (New Zealand), Music Managers Forum (Canada), Featured Artists’ Coalition, The Ivors Academy.
EMMA members who have signed also directly:
Music Managers Forum UK, Union des Manageuses et Managers de la musique (UMAN). Music Managers Forum Netherlands, Norwegian Entertainment Managers and Agents Association (NEMAA), Polish Artists Chamber of Commerce (IGMAP), Interessenverband Musikmanager & Consultants (IMUC) Music Managers Forum Sweden, AIM Ireland, Music Managers Federation (MMaF) Music Managers Forum Finland, Hungarian Managers Forum (ZEME) Music Estonia Managers, Danske Artist Managers, Music Managers Forum Ukraine, Music Managers Forum Iceland, Music Managers Forum Suisse, Foro de Mánagers (FORMA), Fédération des Bookers et Managers Unies.
