AI is changing how music is created — but who owns the rights? Here’s what Australian creators need to know about copyright, plagiarism, and AI-assisted songwriting.
Artificial intelligence is rapidly changing how music is produced. But alongside the excitement comes an important question:
Who actually owns a song created with AI?
And closely behind that question comes another:
Could AI-generated music accidentally plagiarise someone else’s work?
For creative professionals exploring these tools, understanding the relationship between AI, copyright, and plagiarism is becoming increasingly important.
Let’s unpack what current law and industry guidance suggest — particularly in the Australian context.
It is important to note that at Scribbly we are not legal experts. We are about to share with you what we know at the time of our writing, so you have a guide, however, please engage professional advice before making any decisions.
First: What Copyright Protects in Music
In traditional songwriting, copyright usually applies to two separate elements.
1. The musical composition:This includes the melody, harmony, and overall structure of the music.
2. The lyrics:The words written for the song.
Under Australian copyright law, both elements can be protected as original literary and musical works.
The Australian Copyright Council explains that copyright automatically arises when an original work is created by a human author and recorded in material form, such as written lyrics or a recorded composition.
This means that normally, the songwriter — or songwriting collaborators — own the copyright in their work.
But AI introduces a new layer of complexity.
Can AI Own Copyright?
Short answer: No.
Current copyright law in Australia (and most other countries) recognises human creators, not machines.
According to guidance from the Australian Copyright Council, copyright protection requires human authorship.
That means an AI system itself cannot own copyright.
However, the situation becomes more nuanced when a human uses AI as a tool during the creative process. For example:
- A songwriter asks an AI tool to generate lyrical ideas.
- A producer uses AI to suggest chord progressions.
- A musician experiments with AI-generated melodies and modifies them.
In these cases, the human creator may still hold copyright if the final work reflects their creative input and control.
In other words, AI can be used as a tool — but authorship generally requires human creative contribution.
When AI Creates the Entire Song
Things become more complicated when a song is generated almost entirely by AI with minimal human involvement. For example:
- prompting an AI music generator to produce lyrics and melody
- accepting the output without modification
- publishing it as a finished song
In these situations, copyright protection may be uncertain because the work may lack human authorship.
The World Intellectual Property Organization has highlighted that AI-generated works challenge existing copyright frameworks, as traditional law assumes a human creator.
As a result, some AI-generated outputs may fall into a grey area where copyright protection is unclear.
This is one reason why many AI tools include specific licence terms governing how their outputs can be used.
The Plagiarism Question
Another major concern is plagiarism.
Because AI systems are trained on vast datasets that may include existing music and lyrics, some creators worry that AI outputs could resemble previously published works.
Plagiarism occurs when someone presents another person’s work as their own without proper acknowledgement. In music, plagiarism can involve copying:
- distinctive melodies
- recognisable lyrics
- unique arrangements
Even unintentional similarity can lead to disputes. For example, famous music copyright cases have examined whether a melody or chord structure is substantially similar to an earlier work.
This principle applies regardless of whether the similarity was deliberate.
Can AI Accidentally Reproduce Existing Songs?
AI systems generate content based on patterns learned during training.
While most AI outputs are original combinations of these patterns, there is a possibility that generated content could resemble existing songs. For this reason, musicians using AI tools should still review outputs carefully.
If a melody or lyric sounds familiar, it’s worth investigating further before releasing it publicly.
The Australian Copyright Council advises creators to be mindful of copyright when using digital tools, as infringement can occur if substantial parts of protected works are reproduced.
Best Practices for AI-Assisted Songwriting
Writers and musicians can reduce risk by following a few practical guidelines.
Treat AI as a creative assistant, not the final author:Use AI for brainstorming lyrics, generating ideas and/or exploring chord progressions. Then refine and develop the work yourself. Human creativity should shape the final piece.
Document your creative process:Keeping notes about how a song was developed can help demonstrate human authorship. This may include draft lyrics, early melody sketches and/or revisions and edits. Documentation can be valuable if questions about originality arise later.
Review AI outputs carefully:Before releasing AI-assisted music, check for similarities with existing songs. If something sounds suspiciously familiar, modify it or discard it. Better safe than sorry.
Understand the terms of AI platforms:Many AI music tools have specific licence agreements governing how generated content may be used commercially. Always review these terms before publishing or distributing AI-generated work.
The Future of AI and Music Copyright
The legal framework surrounding AI-generated creative works is still evolving.
Governments, legal experts, and industry organisations around the world are examining how existing copyright law should apply to AI-assisted creation.
The World Intellectual Property Organization has been actively studying the implications of artificial intelligence for copyright and intellectual property rights.
For now, the safest approach is to view AI as a creative tool, similar to a synthesiser, editing software, or digital instrument.
The human creator remains responsible for the final work.
Final Thought
AI is opening fascinating new possibilities for music creation. Songwriters can explore ideas faster, experiment with new sounds, and collaborate with technology in ways that were unimaginable just a few years ago.
But creativity still carries responsibility.
Understanding copyright, respecting originality, and ensuring meaningful human input remain essential parts of the songwriting process.
AI may help spark ideas. But the real art still belongs to the human behind the music.
References and Further Reading
- World Intellectual Property Organization. Artificial Intelligence and Intellectual Property Policy Research.
- Australian Copyright Council. Copyright Protection in Australia. https://www.copyright.org.au
- Australian Copyright Council. Artificial Intelligence and Copyright.
- World Intellectual Property Organization. WIPO Conversation on Intellectual Property and Artificial Intelligence. https://www.wipo.int
- Australian Copyright Council. Music and Copyright Guide.