Does STIM's AI-license only apply to the training of AI models or also to generation and distribution of music?
STIM considers that copyright-protected material used as training data for AI models generates value at several levels. It is not only about the training itself, but also about making the AI service available to users, and about the music that is generated being further distributed to, for example, streaming or video services and generating additional income. This value is built upon the use of protected musical works, and therefore rightsholders should be compensated in proportion to the contribution their works have made.
The right granted to authors under Section 2 of the Swedish Copyright Act (1960:729) includes the exclusive right to reproduce the work and to make it available to the public.
Training AI models using copyright-protected works means, in practice, that the work is copied into a digital format and analyzed. This constitutes reproduction, to which the author holds exclusive rights.
Providing an AI service also constitutes making the work available to the public. Even though music generated entirely by AI is not protected by copyright, since there is no human author, it is nonetheless based on values derived from protected music.
The value contributed by training data to an AI model does not end at the training stage. It enables a service to be offered to users and the generated music to be distributed further to third parties such as streaming services. Therefore, AI-generated output can be seen as a transformation in a new form, in which the influence of the original musical work remains, thus motivating that this use is also covered by licensing.