Whose Song Is It Anyway?

Diplo says music makers need to embrace AI, Jack Antanoff says those who do are bad actors. I explore these perspectives in this week’s episode and answer: Does AI generated music infringe copyright and how does the law currently stand? What happens if I upload my music to an AI platform? How do I protect my music from being trained by AI models without my consent? As well as, outside of the hype, what does AI actually do and how does it generate a song? With breakdowns of the Getty Images v Stability AI and GEMA v Chat GPT cases and the recent development in France. IN THIS EPISODE00:49 Diplo, Jack Antanoff and my view on using AI for music making vs the benefits of engaging in the human creative process and the arts, and why I don’t personally use it. 11:27 What is AI and what does it actually do? Can I use it to write a contract for me?14:44 How does AI generate a song?15:19 The use of metaphor in the AI discourse – calling it Data instead of Art 16:20 Comparing the human creative process with AI generation 17:48 Does AI generated music infringe copyright and how does the law currently stand?19:39 What happened in the Getty Images v Stability AI (UK) and GEMA v Chat GPT (Germany) cases?25:00 What happened in France to change the law around AI and copyright?25:59 What happens if I upload my music to an AI platform?27:42 How do I protect my music from being trained by AI models without my consent?
MENTIONED IN THIS EPISODE• Hayleigh’s academic article mentioned that discusses the use of metaphors in AI discourse: https://onlinelibrary.wiley.com/doi/10.1111/jwip.70020 • Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

According to the UK Music Report, Black Music Means Business, over 80% of the UK music market originates from Black Music genres, and yet, we also know that Black artists face systemic racism, with data showing that Black women are the most disadvantaged in the UK Music industry. This episode discusses racism, sexism and discrimination in the music industry, including: How do industry power dynamics affect artists rights and creative freedom? What does the data actually show about diversity and ownership in music? What are the on-going inquiries and campaigns relevant to working artists? How can you take action?Trigger warning: This episode discusses sexism, racism and discrimination.
*Correction: Black women in the UK music industry are paid 52% less than white men. FIFTY TWO. (Not 46) according the Black Lives in Music survey 2021.

IN THIS EPISODE
00:57 Trigger warning, disclaimer and positioning from me
03:48 The UK Music Report: Black Music Means Business
10:07 How do industry power dynamics affect artists rights and creative freedom?
14:15 The Women and Equalities Committee Inquiry into Misogyny in Music
16:50 What does the data actually show about diversity and ownership in music?
25:52 What are the on-going inquiries and campaigns relevant to working artists?
27: 40 The Eight Actions recommended by the UK Music Report: Black Music Means Business
29:54 Women and Equalities Misogyny in Music recommendations
32:33 Women in Control Seat at the Table Report
34:11 How can you take action?

MENTIONED IN THIS EPISODE
• UK Music Report: Black Music Means Business https://www.ukmusic.org/research-reports/black-music-means-business/
• Black Lives in Music Report 2021 https://blim.org.uk/report/
• The Musicians Union and Help Musicians: Musicians Census https://www.musicianscensus.co.uk/
• Ivors Academy 2021 https://ivorsacademy.com/news/olivia-rodrigo-is-the-biggest-songwriter-on-the-planet-new-report-from-blokur-and-the-ivors-academy-analysing-digital-platforms-shows/
• UK IPO Creators Earning Report https://www.gov.uk/government/publications/music-creators-earnings-in-the-digital-era
• Women in Control Seat at the Table 2026 https://womeninctrl.com/seat-at-the-table-2026-report/
• Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠
FIND DR HAYLEIGH BOSHER
• Instagram: ⁠@hayleigh.bosher⁠
• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?
• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts
• Leave a 5⭐ review, it helps more people find the show
CREDITS
Whose Song Is It Anyway? is produced by Good Form
Funded by The British Academy
DISCLAIMER
Nothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

Why did TLC file for bankruptcy after selling 10 million albums?! In this episode I’ll tell you the story of how one of the best-selling American girl-groups of all time filed for bankruptcy, held their label to account and restructured their finances. I’ll also answer: What’s contract got to do with copyright? What do I need to understand before I sign anything? Can I re-negotiate my contract? Can you get AI to write a contract for you? Plus, what we can learn from The Sex Pistol’s band contract dispute and why JoJo’s record deal meant it took 10 years to realise an album.
IN THIS EPISODE
00:50 The story of TLC filing for bankruptcy, re-negotiate their deal and take more control of their finances
02:55 What’s contract got to do with it?
05:27 The story of The Sex Pistol’s band contract
07:57 What do I actually need to understand before I sign anything?
09:53 Be aware of 360 deals
11:04 The story of JoJo and her record deal
14:31 Can I re-negotiate my contract?
17:20 Can you get AI to write a contract for you?
MENTIONED IN THIS EPISODE
• Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠
FIND DR HAYLEIGH BOSHER
• Instagram: ⁠@hayleigh.bosher⁠
• Website: ⁠ https://www.hayleighbosher.com/
LOVE THIS EPISODE?
• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts
• Leave a 5⭐ review, it helps more people find the show
CREDITS
Whose Song Is It Anyway? is produced by Good Form
Funded by The British Academy
DISCLAIMER
Nothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

Why did Beyoncé remove a sample of the song Milkshake from her track ENERGY, even though she had cleared the rights? In this episode I talk about the history of sampling and answer: what is sampling and where did it come from? Can I sample that clip and how much can I take before it becomes a sample? Plus, what are the copyright exceptions do any apply and what happened in a 25-year case over a 2 second sample.
IN THIS EPISODE
00:33 Why Beyoncé removed a sample of the song Milkshake, from her track ENERGY
03:50 What is sampling and where did it come from?
08:34 Can I sample that clip and how much can I take before it becomes a sample?
10:08 What are the copyright exceptions and do any of those apply?
12:12 The 25-year copyright case over a 2 second sample: Kraft Werk v Nur Mir
17:28 The difference between Fair Use and Fair Dealing copyright exceptions
18:35 How do you negotiate a sample rate?
FIND DR HAYLEIGH BOSHER:
• Instagram: ⁠@hayleigh.bosher⁠
• Website: ⁠https://www.hayleighbosher.com/
LOVE THIS EPISODE?
• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts
• Leave a 5⭐ review, it helps more people find the show
CREDITS
Whose Song Is It Anyway? is produced by Good Form
Funded by The British Academy
DISCLAIMER
Nothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

What is the difference between taking inspiration and copying? In this episode I deep dive into the test for copyright infringement by talking you through the story of the Ed Sheeran v Sami Switch case, over the songs Shape of You and Oh Why. Plus stories of copying disputes in photography and fashion. I also answer: Can I get sued for making music that sounds like someone else’s? What is the legal test for copyright infringement?
 
IN THIS EPISODE
00:35 Why Ed Sheeran records his songwriting sessions: starting from the Blurred Lines case with Pharrell Williams which was all about money not about music
02:44 Sami Switch claimed Ed Sheeran claiming his song Oh Why was copied by Ed in Shape of You, but Ed’s team filed the lawsuit
05:49 The arguments set out by Sami Switch’s and Ed Sheeran’s teams in the case for copyright infringement
08:00 A plot twist: similar fact evidence, does previous settled disputes show a pattern of behaviour? Both sides of the story.
12:36 Can I get sued for making music that sounds like someone else’s?
14:22 Two stories of copying claims, one of a photographer and another of a fashion designer, and what we can learnfrom them.
17:03 What is the legal test for copyright infringement?
24:14 What’s the difference between inspiration and copying?
27:12 The outcome of the Ed Sheeran trial.
30:02 The similar fact evidence plot twist revealed.  
 
MENTIONED IN THIS EPISODE
·      Sami Switch Oh Why: https://www.youtube.com/watch?v=GeH-ObndT7M
·      Ed Sheeran Shape of You: https://www.youtube.com/watch?v=JGwWNGJdvx8
·      Ed Sheeran interview: https://www.bbc.co.uk/news/entertainment-arts-61026308
·      A Copyright playlist I made for you, links to Appleand Spotify here: https://www.hayleighbosher.com/book-copyright-in-the-music-industry
FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.