Bettendorf, IA asked in Copyright and Intellectual Property for Iowa

Q: What are the stipulations or best practices around asking AI to write poetry that will be used for choral music writing?

I am a composer and have ideas for poetry I'd like AI to help draft. I would then tweak it and use it as the text for choral compositions. I want to make sure that is legal or to learn if there are best practices around acknowledgements for the text. If I have to acknowledge Google Gemini for example, I need to know how to go about that. Essentially, I want to use the poetry that I came up with drafted with the help of AI, and don't want to find myself in a lawsuit ten years down the road.

2 Lawyer Answers
Alan Harrison
Alan Harrison
  • Intellectual Property Lawyer
  • Milford, CT

A: Copyright in GenAI work is a fascinating topic. I would love to discuss it with you. A short answer to your question is that the U.S. Copyright Office does not register copyrights for works produced by Gen AI. No court so far has told them that they have to. Without a registered copyright, there is no access to court for a copyright lawsuit.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Here are my thoughts:

1. Copyright: In most cases, the person who prompts the AI and curates the generated content is considered the author and copyright holder of the resulting work. However, it's important to review the terms of service of the AI platform you are using to understand their specific policies regarding intellectual property rights.

2. Acknowledgement: While not always legally required, it is a good practice to acknowledge the use of AI in the creation of the poetry. This can be done in the program notes, score, or other accompanying materials. A simple statement like "The text for this composition was created in collaboration with [AI model name]" can suffice.

3. Ethical considerations: Ensure that the AI-generated poetry does not infringe upon existing copyrighted works or include content that is offensive, discriminatory, or otherwise inappropriate.

4. Human input: To strengthen your claim to the work, make sure to provide substantial human input, such as editing, revising, and curating the AI-generated content to align with your artistic vision.

5. Legal consultation: If you plan to commercially distribute or publish your choral compositions, it's advisable to consult with a legal professional specializing in intellectual property law to ensure compliance with relevant laws and regulations.

By following these best practices and seeking professional legal advice when necessary, you can minimize the risk of potential legal issues arising from the use of AI-generated poetry in your choral compositions.

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