The Uganda music industry recently received a new trend of first Artificial Intelligence (A.I) revolution: witnessing the first A.I generated song – in the voice of the late Mozey Radio.
While the generated songs made by A.I offer reminiscing moments of great artists we miss, I submit that they may have legal consequences in the sight of the law.
I discuss the legal implications of the same, considering copyright laws in Uganda, case law and my arguments thereto. One of the biggest concerns of copyright infringement in the world today revolves around the use of tools – Artificial intelligence and the products they give out.
Whereas various cases and arguments have attempted to show that Artificial intelligence is an artificial person, many scholars and jurisdictions like Uganda argue that it is still a tool to aid human creativity, not a person. This raises concerns about infringement, and it is a trite fact that no man should benefit from another’s hard work.
Arguments have been laid across the globe regarding whether work generated by Artificial intelligence is work solely belonging to Artificial Intelligence. In the case of Stephen Thaler V Shira Perlmutter, Register of Copyrights and Director of the United States Copyright Office, Civil Action No. 22-1564(BAH) of 2022, the plaintiff Stephen Thaler owned a computer system he called the “creativity machine” which he claimed generated a piece of visual art of its accord. He sought to register the work for a copyright, listing the computer system, as the author and explaining that the copyright should transfer to him as the owner of the machine. The copyright office denied the application on the grounds that the work lacked human authorship, a prerequisite for a valid copyright claim.
Looking at the side of the music work generated by Artificial intelligence, the case of “blurred lines” in 2013 , US Copyright Office and Marvin Gaye V Pharrel Williams, in this case which laid a precedent in regard to Artificial Intelligence generated songs, where Robin Thicke’s A.I generated song was found to infringe on Marvin Gaye’s song.
This nascent field of law holds a very crucial thinking and applying the various laws as far as Uganda legal system can also borrow a leaf. Many people argue that absorbing the A.I generated music is one way of killing the industry.
There has been a wide spread of A.I sound-alike tools which generate music in the voices of artists. Many argue that this is a threat to creators and copyright holders as it kills competition.
Looking at the recent catastrophe of the song “Heart of my sleeve” which imitates the vocals of Drake and the Weeknd and got over 600,000 sportify streams before being scrapped off.
Such A.I tools that have learned to reconstruct a particular voice were also used in the Ugandan song of “masavu” by Azawi featuring the late Mozey Radio. One may claim that this can be a tort under “passing off,” which works for trademarks and can also be used in line with this new evolving practice.
Passing off is a legal term that refers to a situation where one party attempts to deceive or mislead others intro believing that their goods or services are those of another party, often to benefit from the other party’s reputation or goodwill.
Now the question arises whether Radio’s voice is protected under the Section 5 of the Copyright and neighboring rights 2006,I submit that one can argue it in line with musical works under section 5(b), sound recording 5 (c). Section 43 and Regulation 3 the owner of the copyright may register for his or her work, which expressly provides that it need not be a Must; however, it is for one’s advantage to register it.
It is prudent to note that an author of the work acquires both moral rights and economic rights. Therefore, moral rights are in perpetuity, whereas the law under section 13 puts an end to the economic rights.
It is also important to underscore that exploitation of such rights to receive consent has to be in writing and cannot be oral! Now, the Question of law arises whether AZAWI received consent to use the deceased work in writing?
Infringement under the law occurs when one uses someone’s work without his or her consent and contrary to the free permitted use.
Now, the law permits collecting societies to collect royalties and other benefits on behalf of its members, such as copyright owners. Did the Uganda Performing Rights Authority Society come out in regard to the questions arising?
Now, let us look at the duration of copyright protection in Uganda. The law in Uganda under section 13 of the Copyright and Neighboring Rights of 2006 provides the protection of the economic rights of an author in relation to a work in his lifetime and for fifty years after the death of an author, after which it enters the public domain.
In conclusion, the Masavu song being generated partly by humans and partly by A.I can qualify for human authorship; however, the use of the voice of another artist raises legal questions that have been dissected and analyzed above.
About Author: Mwanje Gideon is a law student and President of both the Uganda Law Students Association and the East African Law Students Association. He is also the President of th
