According to an article published by Consultor Jurídico, copyright law may play a key role in shaping the development and regulation of generative artificial intelligence in the music industry, particularly given the widespread use of protected works by AI platforms without the authorization of rights holders.

The analysis highlights that composers, performers, and musicians have long faced challenges to their constitutional and statutory rights, including legislative proposals seeking exemptions from royalty payments and court disputes over unlicensed public performance of music. Under Brazilian law, all public performance of musical works (whether in physical or digital environments) requires prior authorization, typically managed through collective management organizations and Ecad, the only entities authorized by the Ministry of Culture to collect and distribute such rights.

The expansion of generative AI, including platforms dedicated to music creation, adds complexity to this scenario. As noted by ConJur, the indiscriminate use of copyrighted works by AI systems opens a new chapter in copyright law. It demands regulatory solutions that balance innovation with fair remuneration for creators.

In this context, copyright should not be seen as a barrier to technological progress, but rather as a foundation for sustainable development in the creative industries, ensuring that technological advancement does not undermine human creativity.

Judicial decision sets an important precedent

The ConJur article also highlights a landmark decision by the Santa Catarina Court of Justice (TJ-SC), which upheld the legitimacy of charging public performance royalties even when the background music involved was generated by artificial intelligence.

In the case against the Spitz Park Aventuras theme park, the Court ruled that the absence of an identifiable human author does not exempt the park from obtaining a license. The Court further held that AI-generated music does not constitute an autonomous work, but rather a derivative creation based on preexisting compositions, which remain protected under copyright law.

A technical expert report identified substantial similarities between the AI-generated song and an existing protected work, reinforcing the conclusion that generative AI relies on prior human creations.

According to ConJur, although issued as interim relief, the decision establishes a relevant precedent for the music industry and for broader discussions on copyright and artificial intelligence, reaffirming the role of collective rights management in the digital age.