AI Music & Rights

Copyright gets shaky.
The recording remains.

Producing music with AI does not strip you of every right — but of different ones than before. Without a human creative contribution there is no protected work under German and European copyright, and collecting societies on the authors' side will not accept such a production. Rights in the sound recording follow a different logic. Set your production up accordingly and you keep a basis for exploitation. Prompt and nothing else, and you lose both.

Where things stand: The legal position is moving and several questions are unresolved. This page states what we consider defensible and names what is still open. It is not legal advice.

Three rights, three different answers

Copyright: no work without a human

German copyright law requires a personal intellectual creation. On the current reading, a prompt alone does not meet that bar. Your own lyrics, a melody you composed, substantial post-production can establish a protectable share — but that share has to be evidenced. Purely generated productions are not accepted as works.

The producer's neighbouring right: a different test

Section 85 of the German Copyright Act attaches to the economic and organisational effort of producing the recording, not to creative height. A right in the recording can therefore exist where no right in the work does. Who renders that effort in a given case is the decisive question — and for AI productions it is not yet settled.

Performers: only where someone performs

The performer's right presupposes a human performance. Generated vocals and instruments do not create it. If you play, sing or conduct yourself, you hold it — even where other parts of the same production came out of the model.

What this means for your production

01

Document how the track was made

Which parts are yours, which came from the model? Project files, sessions, intermediate states, timestamps. Anyone who first looks for this when a society asks usually no longer has it.

02

Read the tools' terms

The terms of the AI services differ on who owns the output and what you may do with it commercially. In practice that settles more cases than the statute does.

03

Identify the recordings properly

One ISRC per recording, unambiguous titles, consistent metadata across every version and edit. Without that, no use can be matched to you — whichever right turns out to apply.

04

Register where the claim arises

Human contributions on the authors' side, recordings on the neighbouring rights side, and both with the societies in whose territories the material is actually broadcast and used.

What we get asked

Can I register AI music with an authors' society?

Only where there is a sufficient human creative contribution and you can evidence it. Purely generated productions are not works in the legal sense and cannot be registered.

What about the neighbouring rights societies?

The producer's side does not turn on creative height but on entrepreneurial effort. How far that carries for fully generated productions is currently unsettled. We will tell you what we consider defensible in your case, and where we do not know.

Is it enough that the prompt was mine?

On the current reading, no. What counts are your own creative decisions in the result — lyrics, composition, arrangement, substantial editing — not the instruction given to the tool.

What about hybrid productions?

That is the normal case and usually the better position. Instruments you played, your own voice, your own arrangement establish shares that generated elements do not cancel out. What matters is that those shares can still be shown later.

Do I lose my existing recordings?

No. Everything made without AI is unaffected. Using AI in new productions changes nothing about the old ones.

Isn't all of this still open?

In part, yes, and we would rather say so than paper over it. What is already settled: without documentation and without properly identified recordings, nothing can be enforced later, however the open questions are decided.

Tell us how you produce.

We look at which parts of your productions stand up, what can be registered and what cannot — and we will tell you when the effort is not worth it.

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