Can I Sell a Song Composed Using AI Tools Like Donna Music Maker?
With the rise of artificial intelligence (AI) tools in the music industry, a common question has arisen: can you sell a song you wrote if you composed it using the Donna music maker app? This article explores the legal and ethical implications of this gray area, particularly in the context of current industry standards and copyright laws.
The Dual Problem with AI-Generated Music
The issue of using AI-generated music is multifaceted. On one hand, every pitch and idea you see from music libraries includes a warning that AI-generated content is not acceptable. Sneaking in AI-generated content could result in legal conflicts and even lawsuits. There are two primary concerns with AI-generated music:
Sampling from Existing Content: AI tools like Donna do not create original content from scratch but instead assemble and blend existing material. Your work and the work of countless others you've shared online are part of the pool of data used to generate music and lyrics. Copyright and Ownership: Copyright can only be assigned to works created by humans. If any part of your melody or lyrics comes from AI, your song is not eligible for copyright protection. This means you cannot use the song for any commercial purposes.Production Issues and Gray Areas
While there are concerns about using AI in production, the industry's stance on this is currently ambiguous. For example, the use of AI in sound production tools like Reaper is widely accepted. However, the use of AI in generating entire songs is a different matter entirely. Here’s why:
AI as a Tool vs. AI as a Creator: Should AI be treated like a synthetic instrument, which is more akin to a tool, or as a creator that copies existing work? If it is the latter, the music industry does not want it. Being Influenced vs. Copying: Being influenced by previous producers is acceptable, but the line between influence and copying is blurry.There is additional concern that AI-generated fingerprints are detectable by AI itself. Before retiring, I used GPTZero to detect AI-generated papers, and it was highly accurate. This suggests that AI-generated music can be detected and flagged.
Donna Music Maker App Terms and Conditions
Recently, I reviewed the terms and conditions of the Donna app to gain more insight into this issue. Here are some key points:
The Owner [Donna company] holds and reserves all intellectual property rights for any such content. Users may not use such content in any way that is not necessary or implicit in the proper use of the Service. In particular but without limitation, Users may not copy download share beyond the limits set forth below, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Apps, nor allow any third party to do so through the User or their device even without the User's knowledge. Where explicitly stated on Apps, the User may download, copy, and/or share some content available through Apps for its sole personal and non-commercial use, provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. This statement does not apply to AI content-generated apps like Irmo and Donna. Please refer to the specific provisions for Irmo and Donna below. Any applicable statutory limitation or exception to copyright shall stay unaffected.
According to these terms, the Donna company claims ownership of the songs generated during a subscription period. Free users have less ownership rights, and the song ownership reverts to Donna. Additionally, the app strictly limits the use of generated music to non-commercial, personal use only. Any commercial use is prohibited.
The Bottom Line
Based on the information provided and the current state of the music industry, the answer is unequivocal: No, you cannot sell a song composed using AI tools like Donna Music Maker. The lack of human ownership, combined with the company's strict terms and conditions, means any commercial use is prohibited. Violating these terms can lead to legal consequences, as the company could potentially sue you for any commercial use of AI-generated music.
This underscores the need for transparency and compliance with the industry’s standards and legal requirements when working with AI-generated music. Until AI can operate more independently without human influence, the safest bet is to avoid using it for commercial purposes.