AI-Generated Country Song Tops Billboard—So Who Cares That It Cannot Be Copyrighted? Wrong.

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Earlier this month, the fully AI-generated song "Walk My Walk" took the number one spot on Billboard's "Country Digital Song Sales" chart. The song appears to have been created by Breaking Rust...

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Earlier this month, the fully AI-generated song "Walk My Walk" took the number one spot on Billboard's "Country Digital Song Sales" chart. The song appears to have been created by Breaking Rust—not a band in the traditional sense, but more of a front for this and other AI-generated songs. As of this month, Breaking Rust had reached more than 2 million monthly listeners on Spotify.

Can AI-Generated Music Be Copyrighted?

The United States Copyright Office has made clear in recent months that AI-generated content cannot be copyrighted. In other words, while a human penning original music or lyrics can obtain federal copyright registration to protect such works, entering prompts into AI generation software is not protectable and cannot be the basis for a copyright registration. But given the success of "Walk My Walk" on streaming platforms like Spotify and others, who really cares about copyright registration? Wrong.

Why Copyright Protection Still Matters for AI-Generated Songs

While "Walk My Walk" has been monetized through streaming, the complete absence of any copyright rights in the content is likely to limit how much revenue can actually be recognized. Without copyright protection, creators cannot enforce exclusivity, restrict unauthorized use, or recover damages for infringement. This limitation also complicates licensing opportunities for films, commercials, and other uses.

Legal Risks of AI-Generated Music

Creators of AI-generated music also face the risk of infringing upon federally registered copyrights if the AI platform used to generate content impermissibly copied from protected works. This creates potential liability for those who create and distribute AI-generated songs.

Streaming Platform Rules for AI Content

Creators must also comply with the rules and regulations of various streaming platforms, many of which have policies specific to digitally created or AI-generated content.

Key Takeaways: AI Music and Copyright Law

While AI-generated songs can generate revenue, the lack of copyright protection limits enforceability, monetization, and licensing potential. Additionally, creators face ongoing legal risks related to potential infringement and platform compliance.

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