• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
+49 (0) 69 / 606 278 – 0
[email protected]
Contact form
Patent- & Rechtsanwaltskanzlei

Patent- & Rechtsanwaltskanzlei

  • Deutsch

+49 (0) 69 / 606 278 – 0

  • Facebook
  • Twitter
  • Instagram
  • LinkedIn
  • xing
  • Email
MENUMENU
  • Services
    • Advice On Protective IP Rights
    • Patent Application /TM Registration
    • Enforcement Of IP Rights
    • Defence Against IP Rights Enforcement
    • Costs
  • Company
    • Fields of Law
      • Patent Law
      • Utility Model Law
      • Employees‘ Inventions
      • Trademark Law
      • Design Law
      • Trademark and Product Piracy
      • Expert Opinions
    • Our Law Firm
      • Dr. Karl-Hermann Meyer-Dulheuer
      • Dr. Tim Meyer-Dulheuer
      • Dr. Klaus Zimmermann
      • Zhichao Ying
      • Eva Maria Amoah
    • Commitment
  • Contact
    • Where To Find Us
    • Write us!
    • Request call back
  • Blog

Jingle Bells- or already AI music?

20. December 2019

Christmas music is indispensable on the holidays. Music as an expression of emotion and creativity. But are we perhaps already listening to AI music? And would we notice this? What about copyrights or patent protection for AI?

AI Music or Jingle BellsAI music has become more natural than is generally discussed. Next year, even music by Beethoven will be performed as the creation of an artificial intelligence, the German SWR reported.

What Beethoven himself was unable to complete, musicologists and composers want to perform with the help of an algorithm: Beethoven’s 10th Symphony. The symphony is to be premiered in Bonn on April 28, 2020.

AI music since the 80s

Already since the eighties, music was “composed” with the help of computer programs by mixing and overlaying different pieces of music. The musicologist David Cope is well known for this.

The American Taryn Southern also made a name for herself for AI music. She arranged the music album “I AM AI” (Eng: I am Artificial Intelligence) with the software Amper and put it on Apple Music and Spotify in 2017.

Not surprisingly, Google with Magenta as well as IBM with Watson Beat offers software similar to Amper.

AI music as background sound

But so far no title of AI music has achieved real fame and success. AI music is more suitable as instrumental background music, so-called “ambient music”. The startup Melodrive (Deutschland, Berlin), for example, has specialized in the creation of background music for videos and computer games – with artificial intelligence.

All the more reason to note that Warner Music is entering into a partnership with the music platform Endel, as was announced this spring. Endel has developed an app that uses artificial intelligence to create atmospheric soundscapes that are personalized for each user. Accompanying music can also be expected from artificial intelligence, but with the participation of Warner Music on a large scale. And where economic significance is involved, questions of copyright and inventor protection also arise.

AI music and copyrights

Basically, AI music raises many questions and also the question of copyrights. Ultimately, AI music is based on the data collection of many pieces of music, symphonies and operas – created by someone else.

Because the algorithm can only process what is already there, it’s all about superimposing, changing lengths, varying time signature. One’s own artistic contribution is seen in the way existing material is mixed, i.e. in the learning algorithm and the new work created from it. In any case, therefore, the copyrights of the works serving as a basis must be observed. In Germany and in the European Union, copyright expires 70 years after the death of the author.

Also the newly created AI music may possibly be subject to copyright. In view of the widespread use of artificial intelligence in industry, patent protection for AI is also desirable.

Patents on Artificial Intelligence – not without problems

Actually, a hurry is needed for a legal regulation of patents on artificial intelligence. For the American Patent Office has already signalled that AI should be patentable “as such”.

However, patent protection for AI is not without problems. Even the disclosure of such an invention raises unresolved questions, since an invention must be disclosed in the application documents for patent protection so clearly and completely that a person skilled in the art can easily carry it out.
But who would be the person skilled in the art?

And it would be difficult to fully understand the algorithm, since the AI systems show their strength in fulfilling search parameters from a very large amount of data, in the case of art even with the aim of creating unique variations of a work.

Such an event happened last year. Christie’s auction house in New York auctioned a work of art created by an algorithm for more than $400,000. However, a random product that cannot be repeated is not patentable.

In addition, a patentable invention must have “technicality”, but mathematical models are not patentable as a purely abstract intellectual achievement.

Last but not least, it would also have to be clarified whether works of an AI should in principle fall under the aspect of fair use jurisdiction, since far-reaching and socially relevant effects can be expected from a patentability of artificial intelligence.

These are interesting questions that can be clarified next year at the earliest. Until then we wish you a peaceful and Merry Christmas!

Sources:

Computer-implemented inventions: Case Law of the EPO

Artificial Intelligence – Not easily patentable under new EU Directive

BR Netzwelt: Künstliche Intelligenz macht Musik – jetzt mit Plattenvertrag (in German)

Bild:

Peggychoucair / www.pixabay.com / CCO License

 

  • share  23 
  • share 
  • share 
  • tweet  
  • share 

Category iconPatent Law Tag iconAI,  patent protection,  Artificial Intelligence,  Ambient Music,  Beethoven,  Melodrive,  Magenta,  Watson Beat,  AI music,  copyrights,  Beethoven's 10th symphony,  amp,  patent protection for AI

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

More articles about: Patent Law

All articles

Blog Menu

  • Design Law
  • Healthcare & Lifesciences
  • International Intellectual Property
  • Licenses
  • News from our law firm
  • Overall
  • Patent Law
  • Product- and Trademark piracy
  • Trademark Law
This form uses Google Recaptcha.

You must accept cookies from Google recaptcha to use this form.

More information can be found in our privacy policy.

load form

Recent Posts

  • Chianti vs GHISU: advantage taken unfairly of the earlier mark 15. April 2021
  • ECJ on legitimate interest: Appeal against amendment of specifications 15. April 2021
  • Case law product similarity: consumer attention 13. April 2021
  • OLG Düsseldorf: No compensation for damages of gratuitous licensing 9. April 2021

Fields of Law

  • Patent Law
  • Utility Model Law
  • Employees’ Inventions
  • Trademark Law
  • Design Law
  • Trademark and Product Piracy
  • Expert Opinions
  • Costs

Das könnte Sie auch interessieren:

8. April 2021
Hitachi patent partially invalid in GER: code distribution for mobile communication

Hitachi patent partially invalid in GER: code distribution for mobile communication

29. March 2021
EuGH / Case Lundbeck:  Restriction by object

EuGH / Case Lundbeck: Restriction by object

23. March 2021
Employee’s invention with software

Employee’s invention with software

22. March 2021
EPO Statistics: Western world less innovative

EPO Statistics: Western world less innovative

19. March 2021
Enlarged Board of Appeal: Mixed inventions with computer

Enlarged Board of Appeal: Mixed inventions with computer

18. March 2021
Market Abuse SEP Data Package: OLG Karlsruhe

Market Abuse SEP Data Package: OLG Karlsruhe

Footer

Contact

Franklinstr. 61-63
D-60486 Frankfurt am Main
Germany

+49 (0) 69 / 606 278 – 0
+49 (0) 69 / 606 278 – 199
[email protected]

Customer Reviews

Meyer-Dulheuer MD Legal Patentanwälte PartG mbB Patentrecht, Markenrecht, Eigentum hat 4,78 von 5 Sternen 23 Bewertungen auf ProvenExpert.com

Fields of Law

  • Patent Law
  • Utility Model Law
  • Employees’ Inventions
  • Trademark Law
  • Design Law
  • Trademark and Product Piracy
  • Expert Opinions
  • Costs

Law Firm

  • Request non-binding call back
  • Info secure emails
  • Company
  • Our Law Firm
  • ISO Certificate
  • Privacy Policy
  • Data handling for clients
  • Imprint

Follow Us

  • Facebook
  • Twitter
  • Google+
  • LinkedIn
  • xing
  • Email

Newsletter Signup

This form uses Google Recaptcha.

You must accept cookies from Google recaptcha to use this form.

More information can be found in our privacy policy.

load form

© Patent- & Rechtsanwaltskanzlei Meyer-Dulheuer MD Legal Patentanwälte PartG mbB

Kontaktformular

 

Rufen Sie uns an, schicken Sie uns eine Mail oder füllen Sie das Kontaktformular aus.

+49 (0) 69 / 606 278 – 0
[email protected]

This form uses Google Recaptcha.

You must accept cookies from Google recaptcha to use this form.

More information can be found in our privacy policy.

load form

Contact Form

 

Give us a call, send us an email or fill out the contact form.

+49 (0) 69 / 606 278 – 0
[email protected]

This form uses Google Recaptcha.

You must accept cookies from Google recaptcha to use this form.

More information can be found in our privacy policy.

load form