What constitutes generative behavior?

Hi Folks, I just wanted to dig out this thread with a question that is headwrapping for me…

I read about about a devleoper of an AI music generator software refusing copyrights for the music generateod by its software. He said “I’m not the author, I could never have composed that”

Can’t remember the source but the geneeral subject is talked around everywhere.

Here in VCV we don’t use IA generators (yet) but we do use generative behavior.

Say you generate an 8 notes melody on the Turning machine (or any sequencer with randomize feature) and copyright the piece of music… While we can all agree that your role as a composer is in the articulation, the sound, the build up of the piece and the variation, this sequence of notes is legally under your copyright…

How would you recieve a copyright claim from the Stellare team who ported the software or Music Thing who made the original algo, or VCV who made the aglo for the randomise feature? at the end of the day, they wrote the algo, and you pushed a button… who is more legit?

Getting deeper, what if another user previously generated and copyrighted the same melody as you (if it’s a short ostinato, it’s possible), would you recieve the claim?

Deeper again, what if a more classical composer had intentionally composed and copyrighted the same melody before you generated it, would you recieve the claim? why would it be more legit than the previous case?

Even deeper, if I intentionally steal your generated melody and use it as the singing theme of a pop song that makes million, would you file a claim? doing so would consider you to be the author of this sequence…

in 1978 my band had a song where the rhythm guitar played E for 5 eighth notes and F for two (7/8) The bass repeated 6 1/8 notes and the piano played 8. So I guess that was generative, but generated verbally rather than by computer?

Hasn’t this been resolved for “all possible melodies above the middle-C octave as MIDI files” kinda?

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Personally, despite feeling a bit silly for having to spell it out, I felt concerned enough about the tech/music illiteracy of courts that I added the following language to the documentation of Arcane, my module meant to spur inspiration by generating random patterns and scales:

It should go without saying that no sane courtroom would ever humor the idea the output of Arcane is original enough to be my copyright. Since courtooms are rarely sane, I explicitly relinquish any claim of intellectual propery over the output of Arcane , not that I believe I ever had any. Any song you make with it is yours alone.

And on the wider topic of what constitutes generative behavior, I think that at this point of my practice… I’d define “Generative” to mean “enough chaos is flowing through the cables the performance continues to evolve if I stop tweaking knobs for 30 seconds”.

Virtual modular is what allowed me to stop being simply a music producer, to become a live music performer, and I feel my experiences are closer to those of a conductor than an instrument player. Generative behavior means the members of my orchestra don’t need constant babysitting to be opinionated techno virtuosi.

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I think that was admirably proactive of you. not silly.

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Agreed.

Also, on the broader topic, how do we know that the “output” of our inspiration (i.e. our thoughts) is not also random within certain parameters.

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i do agree there is a certain chaotic quality to that, and incidentally that is how i see the problem of “free will”