Music is a universal form of expression that transcends cultures, languages, and generations. From ancient times to today’s digital platforms, music has always served as a powerful carrier of emotions, thoughts, and collective memory. The creation of this powerful form of expression involves the creative efforts of many individuals—ranging from lyricists and composers to performers and sound engineers—and this effort is recognized and protected by means of copyrights.
In essence, copyright is not merely a legal protection mechanism; it is a system that encourages creativity, sustains cultural production, and ensures that society benefits from the value created. In order to maintain this balance, it is essential to properly assess the original elements of a musical work and the extent to which these elements can be protected.
By its very nature, music is an art form that evolves through interaction—genres blend, and traditional structures are transformed through new interpretations. Therefore, the line between inspiration and plagiarism is even more blurred in music compared to other art forms. As we discuss in our article titled “The Seven Notes and the Originality Dilemma: The Boundaries of Plagiarism and Inspiration in Music”, a high level of similarity in melodic, rhythmic, modal, or harmonic aspects is generally required to establish plagiarism in musical works. Elements that are considered "anonymous" or commonly found across many musical genres are typically excluded. As a result, while the sharing of common structures is encouraged to foster artistic creativity, a delicate balance is maintained to prevent such use from becoming exploitative of another artist’s labour.
On the other hand, the growing influence of artificial intelligence in music production has introduced entirely new debates within the realm of copyright law. As we examined in our article “The impact of Artificial Intelligence on the Music Industry”, the song Heart on My Sleeve, released in 2023, marked a major turning point for the industry. This incident raised serious questions regarding the ownership and legal status of AI-generated content. Since current legal systems are built on the principle that a work must be created by human effort, situations where human input is minimal continue to raise uncertainties regarding authorship, moral rights, and infringement evaluations.
The theme of World Intellectual Property Day 2025, “IP and Music: Feel the Beat of IP”, emphasizes that legal systems must keep pace with new rhythms introduced by technology, which continues to expand the boundaries of creativity. Intellectual property law must also stay attuned to this transformation and ensure the protection of art’s future.
Author:
Hande Hançar, Partner
Email: hande.hancer@gun.av.tr