In February 2024, SoundCloud made a significant update to its Terms of Use that has sparked concern among independent musicians. The new language permits the use of user-uploaded content for training artificial intelligence models unless a separate agreement indicates otherwise. This means that anything from well-known tracks like Lil Uzi Vert's “XO TOUR Llif3” to lesser-known bedroom covers could be utilised in the development of AI technologies without individual consent.

The relevant passage highlights this shift: "In the absence of a separate agreement that states otherwise, you explicitly agree that your content may be used to inform, train, develop or serve as input to artificial intelligence or machine intelligence technologies or services as part of and for providing the services." The document clarifies that music owned by third-party rights holders, such as major record labels, will not be included in this provision without their explicit agreement. Consequently, while established artists like Drake and Morgan Wallen enjoy protection, many independent creators on the platform are left vulnerable.

This legal revision has raised eyebrows, particularly as the newly introduced language appears to have been appended five days after the official amendment date, potentially indicating an effort to sidestep considerable backlash. The urgency of this move is further underscored by the growing trend of music platforms turning to AI-driven technologies to enhance user experience and aid artists in music creation. For instance, SoundCloud has partnered with companies like Fadr, Soundful, and Voice-Swap to offer tools that incorporate AI to assist musicians in uploading songs produced with AI assistance directly to the platform. These partnerships are designed to provide artists with innovative resources while simultaneously navigating the complexities of copyright and artist rights.

In parallel, the issue of content ownership and AI training is not isolated to SoundCloud. For instance, Sony Music has publicly declared its intention to opt out of any data mining or web scraping that could be associated with AI training, reaffirming its commitment to protecting artists’ rights and ensuring proper credit and compensation. This indicates a growing awareness within the music industry about the potential implications of AI on artistic ownership and revenue streams.

Moreover, developers and users of APIs, such as those offered by SoundCloud, must adhere to strict guidelines that limit the use of user content for AI purposes. Such regulations are a response to the evolving landscape where the line between creative input and AI-generated output is increasingly blurred. As platforms continue to push the boundaries of technology, the importance of clearly defined terms and protections for artists has never been more apparent.

The ongoing conversations around these updates reveal a critical tension in the music industry as it grapples with the meteoric rise of AI tools alongside traditional concerns about copyright, ownership, and fair compensation. Independent artists, in particular, need to navigate this landscape with vigilance, as the very platforms designed to elevate their music may also expose them to unprecedented risks.

As the landscape evolves, keeping a close watch on these developments will be essential for artists seeking to ensure their rights are upheld while leveraging the new opportunities presented by AI technologies.


Reference Map:

  • Paragraph 1: (1), (2)
  • Paragraph 2: (1), (3)
  • Paragraph 3: (5), (6)
  • Paragraph 4: (7)
  • Paragraph 5: (4)
  • Paragraph 6: (1)

Source: Noah Wire Services