One of the most striking developments in the music industry in 2023 was the release of the song "Heart on my Sleeves" by an anonymous user named "Ghostwriter" using the AI-created voices of world-famous singers Drake and the Weekend. However, the song "Heart on my Sleeves" did not exist in the music market for a long time due to the removal of the song from the relevant platforms after
If a similar situation were to occur in
Slightly different from the hypothetical situation above; in the event that the voice of the performing artist who has previously performed the musical work is changed by artificial intelligence but still performed in a way that resembles the voice of the performing artist who performed that song, both the right of representation of the owner of the musical work regulated in Art. 24 of FSEK in the first place as stated above and the neighboring rights of the performing artist regulated in Art. 80 of FSEK will be violated. Indeed, Art. 80 stipulates that performing artists have the right, independently of their economic rights and even after the transfer of these rights, to demand that they be recognized as the owner of their performances in relation to their identified performances and that their performances be prevented from being distorted in a way that may damage their reputation. Therefore, in this case, in addition to the right of representation of the owner of the musical work under Art. 24 LIAW in the first place, there may also be a violation of the neighboring rights of the performing artist under Art. 80 LIAW.
On the other hand, in a hypothetical situation where a musical work that did not exist before is created by artificial intelligence by using the voices of real people should be evaluated from personality rights perspective. If the voice of a person, which is protected under Articles 23, 24 and 26 of the Turkish Civil Code, is used without authorization, a violation of personality rights may arise. In order for a violation of personality rights to arise, it is not obligatory for the person whose voice is used to be a public figure or a professional singer. However, in the event that the voice of a performing artist who is famous for his/her voice and is recognized as a professional singer is used without his/her permission, in addition to the personality rights protected under Article 23 et seq. of the Turkish Civil Code, the rights which are referred as "the commercial dimension of personality / asset dimension of personality" in Turkish law that correspond to the terms "right of publicity" in
As can be seen, the use of artificial intelligence at various levels can lead to copyright infringement in various respects. Countries may need regulation in the face of new developments such as these. For example, in
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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