Guidelines for the management and registration of AI-generated music
All people who create intellectual property in the form of music or lyrics to music can become a member of TONO and register their songs/musical works with us. As an author, you are free to use all legal tools in your creative process, including tools that use artificial intelligence (AI).
Below we have described TONO's guidelines for registering music and lyrics to music where artificial intelligence has been used in the creation process.
100 percent AI-generated music cannot be registered
If a musical work consists of 100 percent AI-generated material, the work cannot be registered in TONO.
To obtain rights in a musical work, you must have contributed a creative effort. The Copyright Act defines copyright as the exclusive right an author has to his or her intellectual works. Copyright arises automatically when the work is created, and does not require any form of registration to obtain this protection. Copyright protects you and the works you create through your individual and original human creativity.
Registering works in TONO means that you entrust TONO with managing the economic rights in works you have created. The information you provide in the registration forms the basis for the financial distribution of TONO's income. It is therefore very important that you provide correct and precise information when registering works, and that you follow the guidelines described in this document when registering works where you have used artificial intelligence in your creative process.
Musical works you create using AI tools can be registered
As a member of TONO, you can register all music and lyrics to music you create. The use of artificial intelligence, as a tool, does not affect this right. You are completely free to use artificial intelligence as a tool in conjunction with your own human creativity.
You register the work in TONO in the usual way, and do not need to state which tools you have used.
When either music or lyrics are 100 percent AI-generated
In cases where a work consists of both text and music, and one of these is 100 percent generated by artificial intelligence, you will not receive rights in this part of the work.
To obtain copyright in a musical work, you must have contributed a human, creative effort. Copyright arises automatically when the work is created and does not require any form of registration. The right protects you and the works you create through your human creativity.
If either text or composition is 100 percent generated using artificial intelligence, this part will therefore not meet the requirements for a human creative effort. You will still be able to register the work, but will only receive rights and interests in the part of the work that you created.
A recipe for how such works should be registered in Mitt TONO follows further down.
Where is the line between AI-assisted and AI-generated?
If you contribute with a human creative effort that affects the end result, it is TONO's opinion that artificial intelligence is only used as a tool.
Please note that you have no guarantee that an AI service will not generate the same or very similar melody or lyrics for others than you. If you use, or are inspired by, text or music generated by artificial intelligence in your creative process, you are safer the more you change what the AI tool has helped you with.
International practices and principles
In consultation with TONO's sister societies in Denmark (Koda), Finland (Teosto), Sweden (Stim) and Iceland (Stef), we have developed principles for the management of AI-generated works. TONO's guidelines for registration and management are based on these.
How to register works where either text or composition is 100 percent generated by artificial intelligence
When you register a work where either text or composition is 100 percent generated by artificial intelligence, you must register the AI as copyright holder associated with the relevant role – either lyricist or composer – under the tab “Work's rights holders and percentage distribution”
The AI-generated component of the work is registered with IPI number 1246878315 (“TONO OU”). This IPI number has been created to enable the registration of AI-generated components of works.
Choose what role AI has in your work by clicking on either Copywriter or composer in the drop-down menu. Then enter 1246878315 in the IPI number box. “TONO OU” will then automatically appear.
For the part of the work that is not AI-generated, you register yourself and any other rights holders as normal.
The AI-generated part of the work, i.e. the shares registered with the IPI “TONO OU”, can only be fully AI-generated or not AI-generated at all. In other words: If you register TONO OU as a rights holder with the role copywriter or composer, must this person stand alone with this role.
If you have only used parts of, or been inspired by, AI-generated music or lyrics, you must be fully responsible as the composer or lyricist. No AI contribution should then be attributed to the work.
See more information about “music created using AI tools” above.
Please note:
Please note the terms of use of individual AI services. These may set guidelines or restrictions on what is permitted and what rights you have for music or lyrics created using the service. As the author, you are responsible for the works you register in My TONO. You declare that the work is yours when you register it. TONO reserves the right to reject works that do not follow our guidelines.
Also, be aware that some AI companies are not open about what music and what kind of data they have used in training their services and models. In such cases, you as a user will risk violating both your own and others' copyrights without realizing it.
TONO and our sister societies in other countries are working together internationally to ensure that AI companies are legally required to disclose the music they train their models on, and to ensure payment to our members. It is your own responsibility to familiarize yourself with the details of the AI tools you use.