We’ve previously written about “tweet-less, picture-less,” computer-operated accounts or bots, that make one appear more popular—a.k.a. influential on social media—than one actually is. Recently, legislators and law enforcement agencies have moved to crack down on bots, their evil cousins known as sock puppets, and other deceptive social engagement practices. Specifically, California passed a law that goes into effect in July 2019 banning the undisclosed use of bots to communicate or interact with a person for knowingly deceiving that person to influence commercial transactions or vote in an election. Meanwhile, New York and Florida announced settlements with Devumi LLC, a company that grossed over $15 million in revenue by creating, packaging and selling fake social media likes, followers and posts after the media exposed Devumi’s deceptive activities. The Devumi settlements mark the first of their kind indicating that such activity constitutes illegal deception of the public and, to the extent Devumi used stolen identities for its online activities, illegal impersonation.
Tweet nicely to the Twitter bot, “LnH: The Band”—a newcomer in artificial intelligence music generation—and the bot will automatically compose melodies for you. The AI-based band is “currently working on their first album,” according to LnH Music, but who will own the rights and royalties to the album? Or what about Mubert, which is touted by its creators as the world’s first online music composer, and which “continuously produces music in real-time … based on the laws of musical theory, mathematics and creative experience?” In other words, if a computer program generates a creative work—be it a song, book or other creation—is there a copyright to be owned? If so, who owns and gets to collect on the copyright?