Can brands use AI music safely?
As technology transforms the marketing mix, brands are looking to GenAI for solutions. But what are the risks, and how can they be addressed?
Content drives engagement, and music is its heartbeat. From the energy behind a product launch to a brand asset’s subtle underscore, sound shapes how audiences experience and remember your brand.
As social media overtakes search and generative AI tools redefine the content production process, it’s clear to see that marketing is changing. Perhaps that’s an understatement: marketing is experiencing its biggest ever shift, in which music plays a huge role.
Today, we’ll discuss how GenAI tools can facilitate soundtracking at scale, the legal risks involved, and where to find legally watertight solutions.
5 risks brands take when using AI-generated music
On the one hand, AI and AI-generated music can supercharge content creation, streamline targeted campaigns, and more. On the other hand, it can create massive legal risk. How? A flawed music licensing process.
It takes just one track. That’s all. One unverified chain of title, embedded in thousands of corporate assets, reaching the eyes and ears of millions overnight. Content takedowns, derailed campaigns, lawsuits, and irreparable reputational damage are all on the table.
But is it worth it? Let’s look at the 5 main risks brands take when using GenAI music in their content.
- Risk 1: GenAI music might infringe third-party copyright, triggering infringement claims or even lawsuits
- Risk 2: Copyright claims on social media may derail campaigns
- Risk 3: Unexpected claims for additional fees from Performing Rights Organizations (PROs)
- Risk 4: PR backlash could cause damage to your brand
- Risk 5: Unpredictable pricing models could jeopardize your brand’s ROI
1. GenAI music might infringe third-party copyright, triggering infringement claims or even lawsuits
Understanding the risks
Generating music with AI is not the start and end of the process. You need to verify that the applicable license allows the track’s use in your content, that it includes all necessary rights, and that you know who’s responsible in the case of copyright infringement claims.
Multiple lawsuits show that some GenAI models can output music near-identical to famous commercial tracks, such as Aqua’s Barbie Girl. It’s clear that the output of GenAI models can constitute copyright infringement of the original tracks.
Models trained on scraped and unlicensed music present the biggest risk…but they’re not the only one. Even models trained purely on licensed data aren’t automatically exempt from these risks. We’ve seen end-user terms completely flip the script and leave customers open to legal action, stating that all output is used at the end user’s risk, including in case of infringement.
According to McKinsey, nearly one in ten respondents have experienced issues with intellectual property infringement through the use of GenAI tools. This risk increases for “AI high performers.” McKinsey’s research finds:
“Respondents from AI high performers, who say their organizations have deployed twice as many AI use cases as others have, are more likely than others to report negative consequences — particularly related to intellectual property infringement and regulatory compliance.”
Navigating the risks
Identify and implement GenAI tools that respect third-party copyright, backed up with robust warranties and indemnification obligations.
Or try Epidemic Sound’s Adapt.
Adapt is an AI-powered tool that lets you customize Epidemic Sound’s world-class tracks, tailoring elements like mood, length, genre, style, and instrumentation.
Adapt has deliberately been trained only on fully owned or licensed data, and the output constitutes adaptations of our fully owned tracks. This means they are safe for our customers to use in their content and productions.
Crucially, Epidemic Sound can provide indemnification for infringement claims when customers use adapted tracks, giving them additional peace of mind. Our artists are paid every time their adapted tracks are downloaded, and can opt out of the tool if they wish.
2. Copyright claims on social media may derail campaigns
Understanding the risks
AI-generated tracks may not be protected by copyright, meaning that anyone could use the music you generate for their own purposes. Copyright claims might ensue, which could lead to your content being muted, blocked, or even removed from social media platforms.
GenAI-music copyright claims on social media are a widely reported issue. Sometimes, these claims may be legitimate, based on similarities between the generated music and pre-existing tracks.
Otherwise, it may be an opportunistic third party who’s issued a copyright claim on a viral video, knowing how hard it can be to disprove such claims for GenAI music. Authorship and ownership are murky at best, which can lead to drawn-out resolutions and stalled campaigns.
Navigating the risks
False claims have always been a risk on social media, but we see signs that the issue will only grow alongside the spread of GenAI music. Coupled with a rise in platform enforcement via digital fingerprinting systems, potential copyright infringement’s never been easier to flag.
Find out if and how a prospective GenAI provider manages these risks, and make sure you are comfortable with the answers.
Epidemic Sound’s Adapt model only produces versions of tracks owned by us, and we’ve developed proprietary technology to track adapted versions of our music across social media. This means adapted tracks published by our customers are good to go on TikTok, YouTube, Instagram, and more.
And in the unlikely event of a social media platform mistakenly flagging your content? Epidemic Sound’s Digital Rights Management team is here to help. Comprising over 30 industry experts, they’re on hand to ensure your compliant content isn’t unfairly muted, taken down, or hit with copyright strikes.
3. Unexpected claims for additional fees from Performing Rights Organizations (PROs)
Understanding the risks
Performing Rights Organizations (PROs) collect royalties on behalf of songwriters and publishers when their music is made publicly available via performance or broadcast. Several PROs have issued statements demanding PRO fees be paid for GenAI music use.
It’s still too early to know if and to what extent such claims will be made or succeed, given the pace of technological and legal change. But in the meantime, your liability for these claims may grow with every new use of GenAI music.
Navigating the risks
The legal landscape around PRO fees and GenAI music is far from settled, and we expect it to evolve for years to come.
That said, Epidemic Sound owns all the necessary rights to the 50,000 PRO-free tracks in its catalog. You can use Adapt to customize these tracks to fit your productions without worrying about the output reproducing PRO-affiliated music. Adapt only outputs variations of tracks owned by Epidemic Sound.
4. PR backlash could cause damage to your brand
Understanding the risks
There’s been some public backlash against GenAI in marketing, tech, the creative world, and elsewhere. AI will likely always carry some level of risk here, as it’s a polarizing topic.
Navigating the risks
That risk will never go away: some folks love the creative possibilities GenAI offers, while others oppose any use of the technology. Pleasing all isn’t an option, but pleasing most? That, you can do.
Epidemic Sound uses AI to enhance, fuel, and reward human creativity, not replace it. Our human artists will always be at the forefront.
That’s why subscribers love tools like Adapt: they complement artists’ work and supercharge users’ soundtracking journeys, rather than replacing humans.
As touched on before, Epidemic Sound approaches AI with artists in mind, and has developed its remuneration model accordingly. This led to the creation of the $1 million Adaptive Soundtrack Bonus, which pays Epidemic Sound’s artists when their adapted tracks are downloaded.
5. Unpredictable pricing models could jeopardize your brand’s ROI
Understanding the risks
Many GenAI models work on a credits/token basis, as generating complex assets consumes a lot of power. As credits are typically consumed whether you download and use the final product or not, it can be hard to predict related costs. This can significantly impact your budget and ROI.
Navigating the risks
As with PR risks, credits are hard to avoid. But brands have used music traditionally for decades without generative AI, without credits — it’s just always been complicated. Cue sheets, different rights holders, and complex pricing structures have made traditional music licensing unappealing in a world that prioritizes high-content output across multiple platforms and formats.
That’s why everyone from Levi’s to Warner Bros. Discovery, The Telegraph to Miami Dolphins, uses Epidemic Sound. Bespoke, legally safe, and future-proofed, our license is the perfect solution for your business.
Our direct licensing model and the way we work with musicians allows us to provide high-quality music while retaining simplicity in our licensing. No additional fees for PROs. No cue sheets or other reporting. We own all the necessary rights to our catalog of more than 50,000 world-class tracks and 200,000 Hollywood-grade sound effects.
Use AI-powered tools like Adapt in tandem with original tracks from Grammy-nominated, Grammy-winning, and up-and-coming artists. Safely license content, online and off, for your brand’s and clients’ channels.
Regardless of platform and media switch-ups in the future, your content is safe. What you create during an active subscription is licensed forever, even if you choose to leave Epidemic Sound.
Credits or a catalog? AI-adapted music or the original track? Whether you want to work with AI or go old-school, the Epidemic Sound Business and Enterprise plans have got you covered.
Don’t risk your business with a risky license. Soundtrack your brand, your way, with Epidemic Sound.
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