Eyal Brook, Partner, Head of Artificial Intelligence, S. Horowitz & Co , WIPO Magazine;The 18th-century legal case that changed the face of music copyright law
"As we stand at the threshold of the AI revolution in music creation, perhaps the most valuable lesson from this history is not any particular legal doctrine but rather the recognition that our conceptions of musical works and authorship are not fixed but evolving.
Imagine what would have happened had Berne negotiators decided to define the term in 1886. The “musical work” as a legal concept was born from Johann Christian Bach’s determination to assert his creative rights – and it continues to transform with each new technological development and artistic innovation.
The challenge for copyright law in the 21st century is to keep fulfilling copyright’s fundamental purpose: to recognize and reward human creativity in all its forms. This will require not just legal ingenuity but also a willingness to reconsider our most basic assumptions about what music is and how it comes into being.
Bach’s legacy, then, is not just the precedent that he established but the ongoing conversation he initiated – an unfinished symphony of legal thought that continues to evolve with each new technological revolution and artistic movement.
As we face the challenges of AI and whatever technologies may follow, we would do well to remember that the questions we ask today about ownership and creativity echo those first raised in a London courtroom almost 250 years ago by a composer determined to claim what he believed was rightfully his."
