Did the AI-generated Drake, The Weeknd viral song breach copyright?

A viral AI-generated song imitating Drake and The Weeknd was pulled from streaming services this week, but did it actually breach copyright as claimed by record label Universal?

Created by someone called @ghostwriter, "Heart On My Sleeve" racked up millions of listens before Universal Music Group asked for its removal from Spotify, Apple Music and other platforms.

However, Andres Guadamuz, who teaches intellectual property law at Britain's University of Sussex, is not convinced that the song breached copyright.

As similar cases look set to multiply - with an uncanny AI replication of Liam Gallagher from Oasis causing buzz - he spoke to AFP about some of the issues being raised.

Did the song breach copyright?

The underlying music on "Heart On My Sleeve" was new - only the sound of the voice was familiar - "and you can't copyright the sound of someone's voice," said Guadamuz.

Perhaps the furore around AI impersonators may lead to copyright being expanded to include voice - rather than just melody, lyrics and other created elements - "but that would be problematic," Guadamuz added.

"What you're protecting with copyright is the expression of an idea, and voice isn't really that."

He said Universal probably claimed copyright infringement because it is the simplest route to removing content, with established procedures already in place with streaming platforms.

"Most of the time, these issues are not resolved by law, but just by record companies making a stink with the platforms. It's easier for the platform just to comply," said Guadamuz.

Were other rights breached?

An AI-generated impersonator may be breaching other laws.

If an artist has a distinctive voice or image, this is potentially protected under "publicity rights" in the United States or similar image rights in other countries.

Bette Midler won a case against Ford in 1988 for using an impersonator of her in an advert. Tom Waits won a similar case in 1993 against the Frito-Lays potato chips company.

The problem, said Guadamuz, is that enforcement of these rights is "very hit and miss" and taken much more seriously in some countries than others.

And streaming platforms currently lack straightforward mechanisms for removing content seen as breaching image rights.