The sole human-created aspect of Xania Monet’s performance seems to be the lyrics.
Recently, Hallwood Media signed a contract with Telisha “Nikki” Jones following discussions that reportedly included a $3 million offer, Billboard stated. Jones is a lyricist from Mississippi for the R&B project “Xania Monet,” whose hit single on Spotify has garnered over 1 million plays, and whose Instagram Reels consistently achieve over 100,000 views – all while her image, vocals, and music are created by AI.
Numerous copyright specialists speaking with The Verge have clearly indicated: while the law is still evolving, normally AI-generated works cannot be copyrighted without human involvement, although it might be possible to secure copyright for human-created expressive components, which in this scenario are the lyrics. Consequently, what precisely is Hallwood Media acquiring? What licensing rights are they getting? What implications does this hold for music as a tradable asset? As we explored these questions, it became increasingly clear that we are witnessing a shift in culture caused by the surge of AI-generated content. The legal framework is struggling to keep pace.
Although the exact payout from the record deal remains uncertain, it appears evident – yet not expressly stated – that Monet’s Instagram avatar and album artwork is AI-created. If viewed closely, her videos occasionally reveal her fingers merging together.
On the flip side, Monet’s music is somewhat decent, likely due to the extensive database the AI model utilized during training. Jones utilized the AI music generator Suno, which is one of the two prominent AI music generators currently facing legal action from a trio of major record labels over alleged mass copyright infringements. In reply to the 2024 lawsuit against it, Suno acknowledged in court to employing music sourced from across the internet to refine its system.
Murphy, Jones’ manager, asserts that other record labels withdrew from negotiations with Jones upon discovering Suno’s involvement in the song creation. When inquiries about copyright infringement arose, Murphy directed questions to their attorney, who declined The Verge’s request for a response.
Hallwood Media seems to be in a questionable scenario. Although a record deal implies that Monet could be a profitable venture, the existing copyright protections only potentially encompass the human-created expressive elements, which, to the best of our knowledge, are strictly Jones’ lyrics. If there are no human-made expressive components, the copyrightability of the other aspects of the music — such as composition and complete sound recording, inclusive of vocals — is excluded from copyright if entirely produced by Suno.
Absence of copyright protection does not preclude individuals from marketing their music or artwork, Kevin Madigan, SVP of Policy and Government Affairs at the Copyright Alliance told The Verge. However, they may lack any means to enforce a copyright claim should someone misuse their music commercially.
A knowledgeable purchaser acquainted with copyright law will question the rationale for purchasing something they could acquire for free, Madigan noted, inquiring, “Why should I compensate you for this if you hold no copyright claim?”
On Monet’s Apple Music profile, her contributions include vocals and production while Jones is listed as the lyricist. (Requests for comment from Apple Music and Spotify went unanswered.) However, these credits alone are not decisive – in legal disputes, copyright registration is often crucial. As of now, no copyright registrations have surfaced in the US Copyright Office’s online database under the names “Telisha Jones” or “Xania Monet.”
Nora Scheland, a public affairs specialist with the US Copyright Office, reiterated to The Verge that copyright protection is only available for human authorship. In instances of AI-assisted creations, only the human-generated components can be registered for copyright, and currently, more than a thousand works have been copyrighted this way. The office refrains from commenting on specific claims or cases; however, according to its most recent guidance published in January, merely prompting an AI system does not afford human users authorship over the output. Keith Kupferschmid, CEO of the Copyright Alliance, conveyed to The Verge: “If a human did it, it’s protected; if an AI did it, it’s not. That’s the core principle.”
In Monet’s case, the music is purportedly the result of an AI mechanism, which, if accurate, indicates that the music would not be protected under copyright. This leaves only the lyrics. Record companies typically secure songwriter contracts. Murphy instructed inquiries regarding contract specifics to Hallwood Media, which did not respond to The Verge’s repeated requests for comments.
Likewise, Murphy did not clarify if Jones sang anything at all prior to utilizing a Suno template that “you overlay your voice onto” for creating songs with her lyrics. Murphy asserts that AI serves as another resource available to musicians, akin to autotune: “She’s employing AI as a tool, which is its intended purpose.”
However, comparing autotune to AI is a “misleading analogy,” George Howard, a Berklee College of Music professor of music business and management, remarked to The Verge. Autotune bears more resemblance to basic reverb, he asserted. The primary concern surrounding AI music generators is the source data used to develop the AI models throughout platforms like Suno, Howard stated.
We find ourselves in a time of “unresolved” legal frameworks concerning copyright protection, Howard noted. Congress is currently addressing the apprehensions of copyright holders regarding AI models utilizing their content. In July, Senator Peter Welch proposed new legislation that would permit copyright holders to access training records of AI models to verify if their content is being used.
“There are initiatives underway, but it’s essential to always remember that the law lags behind cultural changes,” Howard reiterated. “As technological developments progress more swiftly than legal adaptations, there exists a disparity between established law and technology, and we are currently situated in that gap.”
