AI Music Ethics: Insights from Attorney Sertac Ogul

Any exploration of how AI is reshaping the global music industry must include an understanding of AI music ethics. Attorney Sertac Ogul shares key insights.

Exploring AI Music Ethics

by Sertaç Oğul guest of Byta’s Digital Dialogue

Who are you? Where do you work?

I am Sertaç Oğul, founder of OGUL Law & Consultancy. Also I recently started an initiative called Pro Creative, think thank and accelerator for creative industries.I am currently based in İstanbul.

What are you currently listening to? 

I am currently listening to The Ironsides. Changing Light album is amazing.

Give us a small insight into your daily routine? 

I generally try to wake up around 7 in the morning and finish my reading and writing tasks. As the day progresses, from meeting to meeting, it becomes difficult to focus. Therefore I would like to finish all the paperwork before noon. Afterward, I usually have video calls and meetings. In the afternoon, I have short meetings with the artists I manage. Towards the evening, I review the planning for the next day.

Over to you, Sertaç…

Artificial Intelligence & Ethics in the Global Music Industry

In recent years, artificial intelligence has deeply affected every area of the creative industries, with music being at the forefront. Just as 2022 saw significant advancements in artificial intelligence for visual communication, 2023 experienced AI’s transformative impact on the music industry. Generative AI, one of the most fascinating results of artificial intelligence, not only analyzes and processes existing music content but also has the capability to create new, original pieces. This ability to generate new music encompasses replication and modification, as well as the creation of entirely new works. It manifests in various ways, such as producing background music for the industry, providing ideas to composers, or generating complete pieces.

Discussions have been ongoing for some time regarding various aspects, from training data for AI tools to copying people’s voices, music production, and the legal protection of this music. When we evaluate the issue from both input and output perspectives, we see different ethical and legal problems. A practical ethical framework for the intersection of music and AI must be versatile enough to accommodate a wide array of applications and the continually evolving technological, legal, economic, and societal landscapes. Ethical considerations should adapt to the rapid pace of the AI industry, unclear legal standards, impending regulations, the fluctuating music industry, and workforce pressures. Technological advances, legal actions, corporate mergers, shareholder interests, online trolls, and social media disputes can significantly alter the context, requiring a flexible approach to ethical decision-making.

It is as crucial to understand what an ethical framework should avoid as it is to know what it should include.

Experts in technology ethics caution against treating such a framework merely as a target to achieve or a checklist to complete. Instead, ethics should be viewed as an ongoing process rather than a static object. A framework that is too vague can be challenging to implement. Similarly, oversimplifying complex issues into bullet points without adequately acknowledging real-world impacts is problematic. Such oversimplification can lead to moral blindness—the inability to recognize the ethical aspects of decisions—and moral disengagement, where one convinces themselves that ethical norms do not apply in certain situations. Examples of this oversimplification include using euphemisms like “loss of work” or “legal trouble” to downplay serious issues. While it might be more comfortable to ignore the full scope and seriousness of potential consequences, it is essential to confront them thoroughly, even if it is unsettling.

My analysis explores the ethical landscape of artificial intelligence in the music industry by reviewing nine ethical guidelines developed between 2018 and 2023, in the context of the OECD’s AI Principles. These guidelines encompass various initiatives and campaigns, highlighting the music industry’s evolving interaction with AI technologies. These are, from past to present: 

• Ethical Dimensions of Music Information Retrieval Technology (2018)
• Ethics Guidelines in Music Information  Retrieval (2019)
• Human Artistry  Campaign  (2023)
• How ASCAP Is Helping Music Creators Navigate AI (2023)
• UK Music Policy Position Paper on Artificial Intelligence (2023)
• Global Creators and Performers Demand Creative Rights in AI Proliferation (2023)
• YouTube: Our principles for partnering with the music industry on AI technology (2023)
• IMPF Ethical Guidelines on generative Artificial Intelligence (2023)

Transparency is emphasized in all but one set of guidelines (specifically, YouTube’s), highlighting its crucial role in the application of AI within the music industry. The push for transparency is fueled by the growing use of AI for tasks such as music curation, recommendation, and composition. This transparency entails clearly disclosing AI algorithms’ decision-making processes, data sources, and potential biases. Such openness builds trust among musicians and audiences, enabling artists to understand and potentially influence the creative processes affected by AI. Additionally, transparency is essential in preventing biases that could impact the diverse and subjective nature of musical preferences, ensuring AI technologies do not inadvertently diminish the richness of musical expression.“Human-centered values” are nearly as widely supported as transparency, appearing in all guidelines except the 2019 Ethics Guidelines in Music Information Retrieval.

The integration of AI into music creation necessitates a critical reflection on preserving human creativity and values within this technologically advanced context. As AI’s role in music evolves, it is essential to maintain the primacy of human creativity. Ethical considerations must carefully balance using AI to enhance human creativity and using AI as an autonomous creator.

Establishing criteria to distinguish between these uses is vital for copyright integrity and ensuring the unique contributions of human intellect, skill, labor, and judgement are valued. Moreover, AI-generated content should be clearly labelled to maintain consumer transparency and protect recognition and rewards for human creators. This underscores the importance of human authenticity, identity, and cultural significance, even as the industry explores AI’s transformative potential.

Where should readers go to find out more? Any further reading or digital gurus to recommend?

You can check out my recent article:

• In Tune with Ethics: Responsible Artificial Intelligence and Music Industry.

Thanks for being part of Byta‘s Digital Dialogue series, Sertaç!