Artist Rights Are Innovation, Too! White House Opens AI Policy RFI and Artists Should Be Heard

The White House has opened a major Request for Information (RFI) on the future of artificial intelligence regulation — and anyone can submit a comment. That means you. This is not just another government exercise. It’s a real opportunity for creators, musicians, songwriters, and artists to make their voices heard in shaping the laws that will govern AI and its impact on culture for decades to come.

Too often, artists find out about these processes after the decisions are already made. This time, we don’t have to be left out. The comment period is open now, and you don’t need to be a lawyer or a lobbyist to participate — you just need to care about the future of your work and your rights. Remember—property rights are innovation, too, just ask Hernando de Soto (Mystery of Capital) or any honest economist.

Here are four key issues in the RFI that matter deeply to artists — and why your voice is critical on each:


1. Transparency and Provenance: Artists Deserve to Know When Their Work Is Used

One of the most important questions in the RFI asks how AI companies should document and disclose the creative works used to train their models. Right now, most platforms hide behind trade secrets and refuse to reveal what they ingested. For artists, that means you might never know if your songs, photographs, or writing were taken without permission — even if they now power billion-dollar AI products.

This RFI is a chance to demand real provenance requirements: records of what was used, when, and how. Without this transparency, artists cannot protect their rights or seek compensation. A strong public record of support for provenance could shape future rules and force platforms into accountability.


2. Derivative Works and AI Memory: Creativity Shouldn’t Be Stolen Twice

The RFI also raises a subtle but crucial issue: even if companies delete unauthorized copies of works from their training sets, the models still retain and exploit those works in their weights and “memory.” This internal use is itself a derivative work — and it should be treated as one under the law.

Artists should urge regulators to clarify that training outputs and model weights built from copyrighted material are not immune from copyright. This is essential to closing a dangerous loophole: without it, platforms can claim to “delete” your work while continuing to profit from its presence inside their AI systems.


3. Meaningful Opt-Out: Creators Must Control How Their Work Is Used

Another critical question is whether creators should have a clear, meaningful opt-out mechanism that prevents their work from being used in AI training or generation without permission. As Artist Rights Institute and many others have demonstrated, “Robots.txt” disclaimers buried in obscure places are not enough. Artists need a legally enforceable system—not another worthless DMCA-style notice and notice and notice and notice and notice and maybe takedown system that platforms must respect and that regulators can audit.

A robust opt-out system would restore agency to creators, giving them the ability to decide if, when, and how their work enters AI pipelines. It would also create pressure on companies to build legitimate licensing systems rather than relying on theft.


4. Anti-Piracy Rule: National Security Is Not a License to Steal

Finally, the RFI invites comment on how national priorities should shape AI development and it’s vital that artists speak clearly here. There must be a bright-line rule that training AI models on pirated content is never excused by national security or “public interest” arguments. This is a real thing—pirate libraries are clearly front and center in AI litigation which have largely turned into piracy cases because the AI lab “national champions” steal books and everything else.

If a private soldier stole a carton of milk from a chow hall, he’d likely lose his security clearance. Yet some AI companies have built entire models on stolen creative works and now argue that government contracts justify their conduct. That logic is backwards. A nation that excuses intellectual property theft in the name of “security” corrodes the rule of law and undermines the very innovation it claims to protect. On top of it, the truth of the case is that the man Zuckerberg is a thief, yet he is invited to dinner at the White House.

A clear anti-piracy rule would ensure that public-private partnerships in AI development follow the same legal and ethical standards we expect of every citizen — and that creators are not forced to subsidize government technology programs with uncompensated labor. Any “AI champion” who steals should lose or be denied a security clearance.


Your Voice Matters — Submit a Comment

The White House needs to hear directly from creators — not just from tech companies and trade associations. Comments from artists, songwriters, and creative professionals will help shape how regulators understand the stakes and set the boundaries.

You don’t need legal training to submit a comment. Speak from your own experience: how unauthorized use affects your work, why transparency matters, what a meaningful opt-out would look like, and why piracy can never be justified by national security.

👉 Submit your comment here before the October 27 deadline.

@johnpgatta Interviews @davidclowery in Jambands

David Lowery sits down with John Patrick Gatta at Jambands for a wide-ranging conversation that threads 40 years of Camper Van Beethoven and Cracker through the stories behind David’s 3 disc release Fathers, Sons and Brothers and how artists survive the modern music economy. Songwriter rights, road-tested bands, or why records still matter. Read it here.

David Lowery toured this year with a mix of shows celebrating the 40th anniversary of Camper Van Beethoven’s debut, Telephone Free Landslide Victory, duo and band gigs with Cracker, as well as solo dates promoting his recently-released Fathers, Sons and Brothers.

Fathers, the 28-track musical memoir of Lowery’s personal life explored childhood memories, drugs at Disneyland and broken relationships. Of course, it tackles his lengthy career as an indie and major label artist who catalog highlights include the alt-rock classic “Take the Skinheads Bowling” and commercial breakthrough of “Teen Angst” and “Low.” The album works as a selection of songs that encapsulate much of his musical history— folk, country and rock—as well as an illuminating narrative that relates the ups, downs, tenacity, reflection and resolve of more than four decades as a musician.

9/18/25: Save the Date! @ArtistRights Institute and American University Kogod School to host Artist Rights Roundtable on AI and Copyright Sept. 18 in Washington, DC

🎙️ Artist Rights Roundtable on AI and Copyright:  Coffee with Humans and the Machines            

📍 Butler Board Room, Bender Arena, American University, 4400 Massachusetts Ave NW, Washington D.C. 20016 | 🗓️ September 18, 2025 | 🕗 8:00 a.m. – 12:00 noon

Hosted by the Artist Rights Institute & American University’s Kogod School of Business, Entertainment Business Program

🔹 Overview:

Join the Artist Rights Institute (ARI) and Kogod’s Entertainment Business Program for a timely morning roundtable on AI and copyright from the artist’s perspective. We’ll explore how emerging artificial intelligence technologies challenge authorship, licensing, and the creative economy — and what courts, lawmakers, and creators are doing in response.

☕ Coffee served starting at 8:00 a.m.
🧠 Program begins at 8:50 a.m.
🕛 Concludes by 12:00 noon — you’ll be free to have lunch with your clone.

🗂️ Program:

8:00–8:50 a.m. – Registration and Coffee

8:50–9:00 a.m. – Introductory Remarks by Dean David Marchick and ARI Director Chris Castle

9:00–10:00 a.m. – Topic 1: AI Provenance Is the Cornerstone of Legitimate AI Licensing:

Speakers:
Dr. Moiya McTier Human Artistry Campaign
Ryan Lehnning, Assistant General Counsel, International at SoundExchange
The Chatbot
Moderator Chris Castle, Artist Rights Institute

10:10–10:30 a.m. – Briefing: Current AI Litigation, Kevin Madigan, Senior Vice President, Policy and Government Affairs, Copyright Alliance

10:30–11:30 a.m. – Topic 2: Ask the AI: Can Integrity and Innovation Survive Without Artist Consent?

Speakers:
Erin McAnally, Executive Director, Songwriters of North America
Dr. Richard James Burgess, CEO A2IM
Dr. David C. Lowery, Terry College of Business, University of Georgia.

Moderator: Linda Bloss Baum, Director Business and Entertainment Program, Kogod School of Business

11:40–12:00 p.m. – Briefing: US and International AI Legislation

🎟️ Admission:

Free and open to the public. Registration required at Eventbrite. Seating is limited.

🔗 Stay Updated:

Watch Eventbrite, this space and visit ArtistRightsInstitute.org for updates and speaker announcements.

@ArtistRights Newsletter 8/18/25: From Jimmy Lai’s show trial in Hong Kong to the redesignation fight over the Mechanical Licensing Collective, this week’s stories spotlight artist rights, ticketing reform, AI scraping, and SoundExchange’s battle with SiriusXM.

Save the Date! September 18 Artist Rights Roundtable in Washington produced by Artist Rights Institute/American University Kogod Business & Entertainment Program. Details at this link!

Artist Rights

JIMMY LAI’S ORDEAL: A SHOW TRIAL THAT SHOULD SHAME THE WORLD (MusicTechPolicy/Chris Castle)

Redesignation of the Mechanical Licensing Collective

Ex Parte Review of the MLC by the Digital Licensee Coordinator

Ticketing

StubHub Updates IPO Filing Showing Growing Losses Despite Revenue Gain (MusicBusinessWorldwide/Mandy Dalugdug)

Lewis Capaldi Concert Becomes Latest Ground Zero for Ticket Scalpers (Digital Music News/Ashley King)

Who’s Really Fighting for Fans? Chris Castle’s Comment in the DOJ/FTC Ticketing Consultation (Artist Rights Watch)

Artificial Intelligence

MUSIC PUBLISHERS ALLEGE ANTHROPIC USED BITTORRENT TO PIRATE COPYRIGHTED LYRICS(MusicBusinessWorldwide/Daniel Tencer)

AI Weather Image Piracy Puts Storm Chasers, All Americans at Risk (Washington Times/Brandon Clemen)

TikTok After Xi’s Qiushi Article: Why China’s Security Laws Are the Whole Ballgame (MusicTechSolutions/Chris Castle)

Reddit Will Block the Internet Archive (to stop AI scraping) (The Verge/Jay Peters) 

SHILLING LIKE IT’S 1999: ARS, ANTHROPIC, AND THE INTERNET OF OTHER PEOPLE’S THINGS(MusicTechPolicy/Chris Castle)

SoundExchange v. SiriusXM

SOUNDEXCHANGE SLAMS JUDGE’S RULING IN SIRIUSXM CASE AS ‘ENTIRELY WRONG ON THE LAW’(MusicBusinessWorldwide/Mandy Dalugdug)

PINKERTONS REDUX: ANTI-LABOR NEW YORK COURT ATTEMPTS TO CUT OFF LITIGATION BY SOUNDEXCHANGE AGAINST SIRIUS/PANDORA (MusicTechPolicy/Chris Castle)

@RickBeato on AI Artists

Is it at thing or is it disco? Our fave Rick Beato has a cautionary tale in this must watch video: AI can mimic but not truly create art. As generative tools get more prevalent, he urges thoughtful curation, artist-centered policies, and an emphasis on emotionally rich, human-driven creativity–also known as creativity. h/t Your Morning Coffee our favorite podcast.

Hey Budweiser, You Give Beer a Bad Name

In a world where zero royalties becomes a brag, and one second of music is one second too far.

Let me set the stage: Cannes Lions is the annual eurotrash…to coin a phrase…circular self-congratulatory hype fest at which the biggest brands and ad agencies in the world if not the Solar System spend unreal amounts of money telling each other how wonderful they are. Kind of like HITS Magazine goes to Cannes but with a real budget. And of course the world’s biggest ad platform–guess who–has a major presence there among the bling and yachts of the elites tied up in Yachtville by the Sea. And of course they give each other prizes, and long-time readers know how much we love a good prize, Nyan Cat wise.

Enter the King of Swill, the mind-numbingly stupid Budweiser marketing department. Or as they say in Cannes, Le roi de la bibine.

Credit where it’s due: British Bud-hater and our friend Chris Cooke at CMU flagged this jaw-dropper from Cannes Lions, where Budweiser took home the Grand Prix for its “One‑Second Ad” campaign—a series of ultra-short TikTok clips that featured the one second of hooks from iconic songs. The gimmick? Tease the audience just long enough to trigger nostalgia, then let the internet do the rest. The beer is offensive enough to any right-thinking Englishman, but the theft? Ooh la la.

Cannes Clown

Budweiser’s award-winning brag? “Zero ads were skipped. $0 spent on music right$.” Yes, that’s correct–“right$”.

That quote should hang in a museum of creative disinformation.

There’s an old copyright myth known as the “7‑second rule”—the idea that using a short snippet of a song (usually under 7 seconds) doesn’t require a license. It’s pure urban legend. No court has ever upheld such a rule, but it sticks around because music users desperately want it to be true. Budweiser didn’t just flirt with the myth—it took the myth on a date to Short Attention Span Theater, built an ad campaign around it, and walked away with the biggest prize in advertising to the cheers of Googlers everywhere.

When Theft from artists Becomes a Business Model–again

But maybe this kind of stunt shouldn’t come as a surprise. When the richest corporations in commercial history are openly scraping, mimicking, and monetizing millions of copyrighted works to train AI models—without permission and without payment—and so far getting away with it, it sends a signal. A signal that says: “This isn’t theft, it’s innovation.” Yeah, that’s the ticket. Give them a prize.

So of course Budweiser’s corporate brethren start thinking: “Me too.

As Austin songwriter Guy Forsyth wrote in Long Long Time“Americans are freedom-loving people, and nothing says freedom like getting away with it.” That lyric, in this context, resonates like a manifesto for scumbags.

The Immorality of Virality

For artists and the musicians and vocalists who created the value that Budweiser is extracting, the campaign’s success is a masterclass in bad precedent. It’s one thing to misunderstand copyright; it’s another to market that misunderstanding as a feature. When global brands publicly celebrate not paying for music–in Cannes, of all places—the very tone-deaf foundation of their ad’s emotional resonance sends a corrosive signal to the entire creative economy. And, frankly, to fans.

Oops!… I Did It Again, bragged Budweiser, proudly skipping royalties like it’s Free Fallin’, hoping no one notices they’re just Smooth Criminals playing Cheap Thrills with other people’s work. It’s not Without Me—it’s without paying anyone—because apparently Money for Nothing is still the vibe, and The Sound of Silence is what they expect from artists they’ve ghosted.

Because make no mistake: even one second of a recording can be legally actionable particularly when the intentional infringing conspiracy gets a freaking award for doing it. That’s not just law—it’s basic respect, which is kind of the same thing. Which makes Budweiser’s campaign less of a legal grey area and more of a cultural red flag with a bunch of zeros. Meaning the ultimate jury award from a real jury, not a Cannes jury.

This is the immorality of virality: weaponizing cultural shorthand to score branding points, while erasing the very artists who make those moments recognizable. When the applause dies down in Yachtville, what’s left is a case study in how to win by stealing — not creating.

Creators Rally Behind Cyril Vetter’s Termination Rights Case in the Fifth Circuit

by Chris Castle

Songwriter and publisher Cyril Vetter is at the center of a high-stakes copyright case over his song “Double Shot of My Baby’s Love” with massive implications for authors’ termination rights under U.S. law. His challenge to Resnik Music Group has reached the Fifth Circuit Court of Appeals, and creators across the country are showing up in force—with a wave of amicus briefs filed in support including Artist Rights Institute.  Let’s consider the case on appeal.

At the heart of Vetter’s case is a crucial question: When a U.S. author signs a U.S. contract governed by U.S. law and then later the author (or the author’s heirs) invokes their 35-year termination right under Sections 203 and 304 of the U.S. Copyright Act, does that termination recover only U.S. rights (the conventional wisdom)—or the entire copyright, including worldwide rights?  Vetter argued for the worldwide rights at trial.  And the trial judge agreed over strenuous objections by the music publisher opposing Cyril.

Judge Shelly Dick of the U.S. District Court for the Middle District of Louisiana agreed. Her ruling made clear that a grant of worldwide rights under a U.S. contract is subject to U.S. termination. To hold otherwise would defeat the statute’s purpose which seems obvious.

I’ve known Vetter’s counsel Tim Kappel since he was a law student and have followed this case closely. Tim built a strong record in the District Court and secured a win against tough odds. MTP readers may recall our interviews with him about the case, which attracted considerable attention. Tim’s work with Cyril has energized a creator community long skeptical of the industry’s ‘U.S. rights only’ narrative—a narrative more tradition than law, an artifact of smoke filled rooms and backroom lawyers.

The Artist Rights Institute (David Lowery, Nikki Rowling, and Chris Castle), along with allies including Abby North (daughter-in-law of the late film composer Alex North), Blake Morgan (#IRespectMusic), and Angela Rose White (daughter of the late television composer and music director David Rose), filed a brief supporting Vetter. The message is simple: Congress did not grant a second bite at half the apple. Termination rights are meant to restore the full copyright—not just fragments.

As we explained in our brief, Vetter’s original grant of rights was typical: worldwide and perpetual, sometimes described as ‘throughout the universe.’ The idea that termination lets an author reclaim only U.S. rights—leaving the rest with the publisher—is both absurd and dangerous.

This case is a wake-up call. Artists shouldn’t belong to the  ‘torturable class’—doomed to accept one-sided deals as normal. Termination was Congress’s way of correcting those imbalances. Terminations are designed by Congress to give a second bite at the whole apple, not the half.

Stay tuned—we’ll spotlight more briefs soon. Until then, here’s ours for your review.

Zoë Keating vs YouTube: The End of an Artist’s Right to Choose Where Their Music Appears on The Internet.

This is a call to action folks.

Many of you may already be aware of this blog post from  Zoë Keating detailing the new terms of the Google/YouTube “Music Key” service.  YouTube’s “communications manager” Matt McLernon has followed the Spotify approach and attacked Zoë Keating’s story as “patently false” although it looks like Google is not exactly backing up their “communications manager“.

I’m pretty sure that Google is not truthful about their conversation with Zoë–you know Google’s lying when their lips are moving–if for no other reason than I believe Zoë’s notes of her conversation with Google are accurate.  Not to mention that the description of the Music Key deal points from Zoë’s notes shows Google tying the YouTube and Music Key deals together in pretty much the same way as the Music Key deal that Google threatened indie labels with last year.

But I’m not sure if the mainstream press understands the consequences of the way Google has tied together the aggressive and anti-competitive terms of service for Music Key with YouTube.

Here’s how Zoë Keating describes these new terms for Music Key:

“1) All of my catalog must be included in both the free and premium music service. Even if I don’t deliver all my music, because I’m a music partner, anything that a 3rd party uploads with my info in the description [i.e., user generated] will be automatically included in the music service, too [i.e, Google’s Music Key streaming service]. 

2) All songs will be set to “montetize”, meaning there will be ads on them [and the artist has no choice in the matter].

3) I will be required to release new music on Youtube at the same time I release it anywhere else. So no more releasing to my core fans first on Bandcamp and then on iTunes.

4) All my catalog must be uploaded at high resolution, according to Google’s standard which is currently 320 kbps.

5) The contract lasts for 5 years.”

Why is this so terrible?

1)  YouTube allows certain artists and labels with special YouTube accounts to have access to its ContentID system.  ContentID tracks user generated content and allows artists to monetize or block that content in an automated way.  While YouTube creates a whack a mole problem by indiscriminately allowing user generated content to be posted on YouTube, ContentID provides a very imperfect solution to the problem that YouTube created.

This is important because the new terms that are being forced on artists like Zoë ties access to the Content ID system to participation in the new Music Key service.  Artists who refuse to participate in the new Music Key service would lose the ability to “monetize” (i.e. earn revenue) from the use of their songs on YouTube.  Further, artists who reject the Music Key deal would no longer be able to block unauthorized uploads of their music on YouTube–unless the artists track down each upload and send a separate DMCA notice.

What Zoe was told is pretty much exactly what the indie labels were told last year according to Rich Bengloff of A2IM:

Our members have been informed that if they do not sign up to these revised terms, YouTube has given notice to them that YouTube will remove/block our members’ and their artists’ musical repertoire from the entire YouTube service, not just the new audio music streaming service. As YouTube is one of the leading music outlets the effect on our members on the promotion and monetization of their artists will be severe as the premium videos our members create will be blocked and the User Generated Content videos created by consumers using our members artists’ music will cease to be monetized via advertising. Our members will then be forced to engage in the “whack-a-mole” process of getting these non-monetized videos off of YouTube, so as not to detract attention from services that are paying our Independent members, as was not anticipated when Congress enacted the DMCA in 1998.

In other words by saying “no” to Music Key, YouTube will still feature user generated videos on their service AND you won’t get any money.  Think about it. This is like saying “no” to a record deal but results in the label having your songs forever and paying you nothing!   YouTube is EVIL.

2) Because the new terms dictate that ALL your music must be available on YouTube as soon as you release it somewhere else,  there are no more exclusives! Your music cannot appear on the Internet anywhere unless it’s also on YouTube.   Why?  Because YouTube thinks they can use its monopoly position to enforce this tying deal against independent artists.

+++++++++++

On Cracker’s last album Berkeley to Bakersfield, we were able to do interesting cross promotions with our album precisely because we could offer exclusives to various services in different windows.   For instance, we gave Rolling Stone the exclusive rights to stream a song for one week.  In exchange, we were featured on the front page of Rolling Stone Country.  We also cut a deal with Amazon Prime to stream our entire album exclusively for one week in advance of the record release.  In exchange, our album received  favorable promotion and placement  across the entire Amazon service.  Both of these exclusives were key parts of the strategy to promote and sell our new album.   The YouTube Music Key service undermines this exclusivity to block us from exploiting these windows on our next album.

While it’s tempting to see Zoë’s experience as just another way that streaming services are screwing artists, notice that we haven’t even talked about the horrendously low royalty that YouTube pays.  That’s a complaint for another day.

Today, the issue is different.  Google is imposing dangerous anti-competitive moves on artists to screw over the artist’s fans and Google’s competitors.   This move will reduce competition and give artists and consumers less choice.

I believe that this is a dangerous precedent and should be examined by the Federal Trade Commission.  I urge you to write the FTC and ask them to look into this matter.  I understand that you can reach the chair of the FTC at this email address:  hstevenson@ftc.gov

Here’s what I’m writing:

Chairwoman Edith Ramirez and Director Bureau of Competition Deborah L. Feinstein
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580

Dear Chairwoman Ramirez and Director Feinstein:

I’m writing to call your attention to Google’s anticompetitive business practices described by cellist and independent artist Zoë Keating in her viral blog post What Should I Do About Youtube? that has been reported in The Guardian, Die Zeit, Online, Hypebot, Gizmodo, Forbes, Digital Music News and many other news channels.

Google is using its monopoly market power to force independent artists to grant terms to Google’s “Music Key” service by tying the Music Key to its YouTube video service.  As I’m sure you know, a substantial number of videos on YouTube are music videos and YouTube is the largest video search platform in the world.  By forcing terms onto independent artists, I believe that many artists are being duped into agreeing to terms for the Music Key service that grotesquely favor Google without understanding the implications.

I understand that Google is conducting a whisper campaign with journalists in an attempt to discredit Zoë Keating as was documented in Digital Music News, because she merely questioned the fairness of Google’s terms.

As I understand it, the key anticompetitive terms that Google is attempting to tie to its YouTube service are:

1.  Those artists who fail to submit to Google’s oppressive terms for Music Key will have their produced videos removed from YouTube;

2.  If artists agree to submit to the Music Key terms, Google requires that they give up the valuable property right to exclusively window their releases on different platforms because Google requires that all releases be made simultaneously on YouTube and Music Key with any other service;

3.  All of the artist’s catalog must be set to “monetize” which means that Google can sell advertising against all of the videos whether the artist wants it or not;

4.  If the artist does not submit to Google’s Music Key terms, then user generated videos of the artist’s work will be allowed to play on YouTube while the artist’s produced videos will be blocked from YouTube; and

5.  Artists who do not submit to Google’s terms for MusicKey will be prohibited from using YouTube’s ContentID system so will be forced to rely on the hopelessly outdated DMCA notice and takedown system rather than the automated take down available through ContentID.

Independent artists have no way to take on anticompetitive behavior by Google in the courts.  We rely on the government to force companies like Google to play fair.  I urge you to look into this matter immediately as every day more artists are being duped into signing these unfair deals with no more choice than our fans have to negotiate Google’s onerous privacy policy.

Zoë Keating’s experience is emblematic of all of us and I implore you to listen to her voice.

Thank you.

David Lowery