“AI Music Raises Fresh Copyright Issues for Lawyers,” Daily Journal
Publications
August 12, 2025
In an article for the Daily Journal, Partner Steve Englund and Associate Eric Wolff discussed how the use of Artificial Intelligence (AI) in the music-making process affects copyright protection.
The authors explained how copyright law applies to AI’s growing role in all aspects of the music industry—from songwriting to audio engineering and full-track production.
“Courts and the Copyright Office have agreed that U.S. copyright protection requires human authorship. Thus, copyright protection is available if AI is merely used as a tool to assist human creativity, but not if it acts as a substitute for human creativity. Applying these principles, the Copyright Office has made clear its view that a user who merely types a prompt into a generative AI system does not receive copyright protection for music -- or any other material -- that the system generates,” the authors wrote.
Additionally, they addressed questions about copyright protection for works that combine human-created and AI-generated material.
“The human is entitled to copyright protection for the human-created material and the compilation of human-created and AI generated material as a whole. The Copyright Office considered a similar issue when an author tried to register a copyright for a graphic novel that used AI-generated images combined with text the author wrote herself. Similarly, artists who use AI to create part of a recording, such as a synth loop or a backing vocal, should be able to register a copyright but need to disclose and disclaim the part that was AI-generated,” they wrote.
Lastly, the authors explored how professionals in the music industry can utilize AI in their creative process without limiting copyright protection.
“An artist who uses AI to assist and enhance their own creativity is unlikely to limit copyright protection for their music as long as they avoid allowing the AI to make expressive choices for them. For example, using AI in a brainstorming process to come up with ideas and incorporating ideas from AI-generated material into a human-created work should not affect the work's copyrightability,” they explained.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
August 12, 2025
In an article for the Daily Journal, Partner Steve Englund and Associate Eric Wolff discussed how the use of Artificial Intelligence (AI) in the music-making process affects copyright protection.
The authors explained how copyright law applies to AI’s growing role in all aspects of the music industry—from songwriting to audio engineering and full-track production.
“Courts and the Copyright Office have agreed that U.S. copyright protection requires human authorship. Thus, copyright protection is available if AI is merely used as a tool to assist human creativity, but not if it acts as a substitute for human creativity. Applying these principles, the Copyright Office has made clear its view that a user who merely types a prompt into a generative AI system does not receive copyright protection for music -- or any other material -- that the system generates,” the authors wrote.
Additionally, they addressed questions about copyright protection for works that combine human-created and AI-generated material.
“The human is entitled to copyright protection for the human-created material and the compilation of human-created and AI generated material as a whole. The Copyright Office considered a similar issue when an author tried to register a copyright for a graphic novel that used AI-generated images combined with text the author wrote herself. Similarly, artists who use AI to create part of a recording, such as a synth loop or a backing vocal, should be able to register a copyright but need to disclose and disclaim the part that was AI-generated,” they wrote.
Lastly, the authors explored how professionals in the music industry can utilize AI in their creative process without limiting copyright protection.
“An artist who uses AI to assist and enhance their own creativity is unlikely to limit copyright protection for their music as long as they avoid allowing the AI to make expressive choices for them. For example, using AI in a brainstorming process to come up with ideas and incorporating ideas from AI-generated material into a human-created work should not affect the work's copyrightability,” they explained.
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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