Can You Copyright a Song Written by AI? Here’s What the Law Says

You just finished a song, and most of it came from an AI tool you used online. The melody is great, and the lyrics hit the right emotions.

You just finished a catchy song, and most of it came from an AI tool you used online. The melody is great, the lyrics hit the right emotions, and it sounds like something that could go viral. But here’s the big question: can you claim ownership and copyright it?

As artificial intelligence becomes more common in creative fields, many musicians, producers, and content creators are wondering what rights they have over the music AI helps them create. The rules are not always clear, and the answers often depend on how involved you are in the process.

What Is Copyright and How Does It Work?

Copyright is a law that protects original works created by humans, like songs, books, or paintings. It gives the creator the right to decide who can copy, share, or sell their work. In most countries, copyright protection starts as soon as you create something original. You do not need to register it to own it, but registration helps when proving your case in court.

The keyword here is “original”, and traditionally, that means it must be made by a human mind.

How Is AI Changing Music Creation?

AI is quickly transforming the way people make music. Today, some tools can compose melodies, generate lyrics, and even sing in realistic voices. Apps like Suno and Udio allow users to type in a prompt, something as simple as “pop song about a rainy day,” and get a full track in return.

Some musicians use AI to overcome writer’s block or to generate beats and harmonies they later build upon. Others rely on it to create almost the entire song. This raises a legal challenge: if an AI system made most of the creative decisions, who owns the result?

How Real Artists Are Using AI to Make Music

Real-world musicians are already experimenting with AI, not just as a tool, but as a creative partner. One notable example is Taryn Southern, an American singer-songwriter who released an album titled I Am AI in 2018. The project was groundbreaking; every track was composed and produced with the help of AI tools such as Amper Music, IBM Watson Beat, Google Magenta, and AIVA. Her single “Break Free”, created with Amper, featured an instrumental entirely generated by AI, while Southern provided vocals and refined the lyrics.

Another standout case is Holly Herndon, an experimental artist who collaborated with an AI entity named Spawn on her 2019 album PROTO. Her team trained Spawn using a dataset of human voices, including her own, allowing the AI to create choral textures and vocal layers that appeared alongside live performances. Rather than replacing human effort, Herndon used AI to expand her artistic range.

These examples show how artists are embracing AI not as a replacement for creativity but as a co-creator. The results are original, emotionally resonant, and deeply human because the final decisions and artistic direction still come from the artist.

What the Law Currently Says (and Doesn’t Say)

Right now, the law is struggling to catch up. Most countries still require that a human contribute something original for a song to qualify for copyright.

In the United States, the Copyright Office has made it clear: works created entirely by AI without any human input cannot be copyrighted. For example, in a 2022 case, the office rejected a copyright claim for an AI-generated artwork, stating that only human authorship counts under current law.

In the UK, similar rules apply. The UK Intellectual Property Office says that AI-created works may qualify for limited protection, but only if a human made a meaningful contribution. But what counts as meaningful? That’s still open to interpretation.

The EU is known for its strict tech regulations, driven by a strong belief in protecting user rights, ensuring fair competition, and promoting ethical technology. From the GDPR to the AI Act and Digital Markets Act, the EU aims to keep big tech in check, prioritising transparency, accountability, and the idea that innovation must respect fundamental rights. Their central message is clear: technology should serve people, not exploit them.

Can You Copyright AI-Generated Songs?

Let’s break this down into a few common situations:

  • Fully AI-Generated (No Human Input): If you click a button and let the AI create everything, melody, lyrics, and vocals, you likely cannot claim copyright. The law sees the AI, not you, as the creator, and machines do not have legal rights.
  • AI-Assisted Creation (You Gave Prompts or Tweaked Outputs): If you wrote the song idea, entered specific prompts, selected parts of the output, and edited it, your input may qualify as human authorship. In this case, copyright could protect your contributions.
  • Human-Created with AI Support (Lyrics, Vocals, Edits): If you composed the lyrics, added vocals, or shaped the final production while using AI for support, then your song has a stronger claim to copyright. You are adding creative expression.

Each situation depends on how much control you had and whether your contributions shaped the final work in a meaningful way.

What Creators Should Do Now

If you are using AI in your songwriting process, here are a few tips to protect your rights:

  • Document Your Work: Save your inputs, edits, and any changes you made. This can help prove that you played a key role in creating the song.
  • Mix AI with Human Creativity: Adding vocals, writing original lyrics, or adjusting the composition helps show human authorship.
  • Avoid Relying Entirely on AI: Fully AI-generated works are less likely to be protected under current copyright laws.
  • Stay Updated: Laws around AI and copyright are evolving quickly. What is true today may change tomorrow.

Closing Thoughts

AI is opening exciting new doors in music. But while it can help you create faster and easier, it does not automatically give you ownership of the final result. If you want to copyright your song, make sure you are contributing more than just a prompt or a click. Add your voice literally or figuratively.

The law may not have all the answers yet, but one thing is clear: creativity still matters, especially when it comes from a human mind.

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Havilah Mbah
Havilah Mbah

Havilah is a staff writer at The Algorithm Daily, where she covers the latest developments in AI news, trends, and analysis. Outside of writing, Havilah enjoys cooking and experimenting with new recipes.

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