Generative AI and Copyright Infringement: A Legal-Technical Analysis of AI Music Generation Systems Under 17 U.S.C. Title 17

The advent of sophisticated AI-driven voice cloning has brought to the fore critical legal and ethical challenges regarding the protection of vocal identity. Prompted by recent controversies - including the striking resemblance between OpenAI's ChatGPT-4o voice and that of Scarlett Johansson - this article examines how generative AI technologies undermine the unique value of the human voice and further complicate the legal questions surrounding personality right. Through a comparative analysis, the paper evaluates three principal legal frameworks: the right of publicity, personality rights, and the personal data protection right. Each framework - rooted in different legal traditions o offers distinct strengths and limitations in addressing the threats posed by AI-generated voice cloning. By analysing these doctrines' scope, remedies, and posthumous protections, the study offers a foundation for understanding how existing legal approaches may be applied to the evolving challenges of vocal identity in the era of generative AI.

Large language models (LLM) trained on web-scale corpora generate output that may infringe copyright, yet existing technical safeguards focus narrowly on verbatim memorisation. EU copyright doctrine applies a broader standards: substantial similarity, which extends to stylistic choices, narrative structure, and creative elaboration. This mismatch between what current methods detect and what the law protects leaves a significant compliance gap. We introduce PSALM, an LLM-as-a-judge framework that operationalises EU copyright doctrine through ten evaluators assessing computational overlap, stylistic dimensions (writing style, narrative voice), content dimensions (character, plot, scene, world building), and statutory exceptions (parody, pastiche, quotation, scènes à faire). Applying PSALM to Llama~3.2 models fine-tuned on translated historical Dutch literary works, we find that: 1) instruction-tuned models exhibit non-trivial baseline stylistic similarity prior to corpus exposure; 2) fine-tuning induces systematic stylistic appropriation across all infringement-relevant dimensions, extending beyond verbatim memorisation to abstract narrative patterns; 3) Negative Preference Optimisation unlearning substantially reduces similarity but leaves detectable residual stylistic patterns. These findings indicate that safeguards targeting literal copying alone are insufficient to mitigate broader copyright risks. PSALM provides infrastructure for auditable, legally informed compliance evaluation, though the relationship between automated similarity scores and infringement determinations requires validation by legal experts. This work bridges qualitative legal standards and quantitative technical measurement, exposing fundamental tensions between generative AI and EU intellectual property law.

Advances in generative AI are rapidly increasing the quality and commercial value of generated music, and this progress depends on large catalogs of creators' recordings. This raises a central question for platform design: how should creators be compensated when their work is used to train generative AI models that in turn produce commercial outputs? We develop a framework for fairly compensating creators in generative-music markets, where each creator's payment depends on a data-attribution score estimating their contribution to model outputs. Compared to past compensation frameworks, our framework has two unique considerations: (1) attribution is traced to entire creator catalogs, not individual songs, and (2) the informativeness (signal-to-noise ratio) of the attribution score is an input to the payment mechanism. The framework yields a closed-form payment rule per creator and measures the welfare cost of inaccurate attribution for both creators and the platform. Whether the welfare-optimal contract is royalty-based or takes the form of fixed-fee licensing depends on how informative attribution is for that creator's catalog. We show that better attribution translates directly into welfare gains for both creators and the platform, yet under multi-platform competition a platform only captures gains from attribution improvements when its signal becomes the most precise in the market. To ground our framework in empirical behavior, we train acoustic and symbolic music generation models and measure the informativeness of scalable attribution techniques against a leave-one-catalog-out ground truth. Our experiments reveal that noisy attribution signals push payment toward fixed-fee licensing and diminish welfare for both creators and the platform, providing an economic motivation for further research on improved attribution.