Op-Ed: Balancing the needs of artists, fans, and music streamers is critical in generative AI discussions

The importance of creativity and innovation to society has been recognized from our earliest days and is enshrined in the United States’ Constitution. Exposure to diverse creative works and use of an ever-evolving set of tools has been the basis of the great music of the past. AI is the latest tool, and we’re seeing remarkable uses of its technology by artists as diverse as Grimes, Randy Travis and The Beatles.

The pace of development and utilization of AI – and particularly generative AI with the capability to mimic creators and their work– does raise important questions around the attribution of human artistry, artistic integrity, consent, freedom of expression, and creators’ and performers’ ability to make a living. Balancing these at times competing issues when access to powerful new generative tools is becoming ubiquitous can be a challenge. Though instances of AI-driven impersonation in the music marketplace have been rare to date, we’ve heard from creators about their concerns. DIMA and its members – the leading music streaming services – likewise want effective controls around digital replicas, so they can continue to provide listeners with compelling experiences based on content they can trust. Our members believe in empowering listeners with genuine music experiences, and do not condone misleading them with deceptive content. There’s a way to hold bad actors accountable while also preserving a supportive ecosystem for artists, fans, and digital music services alike. One key aspect is ensuring that the “good guys” are not saddled with liability for the actions of others.

DiMA has been supportive of the need for safeguards to protect an individual’s personhood – their name, likeness, and voice – from harmful synthetic replications. We support a federal right that dissuades bad actors from abusing an individual’s personhood rights and discourages dissemination of harmful replications, while properly balancing liability and exposure.

Legislating around emerging technology is always difficult. Technology and governments rarely move      at the same pace. Fortunately, the music industry is equipped to respond quickly to the need for change, and commonly does. The music streaming success story is built on strong partnerships between DIMA’s members and music rights holders, who work together to enable the complex process of global distribution of more than 100 million digital assets, and removal of offending content, to take place.

In my April testimony before the Senate Judiciary Committee, on Chairman Coons’ then-draft legislation, the NO FAKES Act, I emphasized the importance of a federal approach that supports the existing successful supply chains. I also cautioned against undermining these partnerships and adding unworkable complexity to the system.

With the introduction this week of the NO FAKES Act, and the first installment of the US Copyright Office’s AI Review, we appreciate the work being done to explore these issues and call attention to some of the concerns that we raised. We have witnessed first-hand Chair Coons’ commitment to considering ongoing stakeholder feedback. However, we must redouble our efforts to ensure that any legislation addresses existing concerns but does not create new ones.

We believe the best way to achieve this goal is to assign liability to those who create, or direct the hosting of, the violative content. Good actors must not be saddled with liability for the violative actions of others.

This approach helps avoid unintended consequences, such as forcing services to over-moderate or even censor content to avoid legal repercussions and recognizes the complexity of the digital supply chain. Such consequences would create a real threat to free speech, creative freedoms, revenue for legitimate works, and consumer choice.

DIMA’s members are trusted partners in the music industry. We will continue to work with Congress and all stakeholders to find tailored approaches that protect creators, preserve freedom of expression, and ensure that services can continue to effectively deliver the best of musical creativity to audiences around the world.