As artificial intelligence reshapes music creation, questions around copyright ownership, consent, licensing and royalty payments are becoming increasingly important. In South Africa, recent developments highlight the need for clearer industry guidelines and stronger protections for music creators in an evolving digital landscape.
Artificial intelligence (AI) is rapidly changing the global music industry. From AI-assisted production and songwriting to entirely AI-generated compositions, new technologies are creating opportunities for experimentation while raising important questions about ownership, originality and the commercial use of copyrighted music.
For South African music creators, these developments are particularly significant. As AI-generated content becomes more accessible, the industry must consider how existing copyright frameworks protect human creativity, how music is used to train AI systems and how creators should be compensated when their intellectual property contributes to AI-generated outputs.
Recent developments involving the Southern African Music Rights Organisation (SAMRO), alongside ongoing copyright reform discussions, have brought these questions into sharper focus.
SAMRO Introduces AI Disclosure for Music Registrations
In October 2026, reports emerged that SAMRO had introduced a requirement for members to disclose the extent to which artificial intelligence was used in a musical work when registering it.
The move represents an important step towards understanding how AI is being incorporated into music creation and establishing greater transparency around the works entering the organization’s repertoire.
However, disclosure should not be confused with a determination of copyright ownership or royalty eligibility.
According to SAMRO, declaring AI involvement does not automatically determine whether a particular work qualifies for copyright protection or whether it is entitled to royalties. The organisation has indicated that it is considering a more comprehensive policy, although a definitive implementation timeline has not been confirmed.
The development follows SAMRO’s April 2026 survey of 502 members, which explored the impact of artificial intelligence on music creators and their livelihoods.
The findings revealed that 89.2% of respondents wanted SAMRO to advocate for legislation protecting music creators against AI-related misuse. Furthermore, 65% identified AI as a high or extreme threat to their livelihoods.
Members also highlighted the importance of crediting original creators, licensing copyrighted works used in AI systems and establishing safeguards against the dilution of royalties.
These findings demonstrate that while AI presents opportunities for innovation, creators want greater clarity about how their work is protected and how value is distributed.
Copyright Protection Must Evolve Alongside Technology
One of the biggest challenges facing the music industry is determining how existing copyright legislation applies to generative AI.
AI systems can be trained using large volumes of existing creative material, including musical compositions, lyrics and sound recordings. This raises questions about whether permission should be obtained before copyrighted works are used for training, how creators should be credited and whether licensing fees should apply.
In South Africa, the Copyright Amendment Bill has been part of an extended legislative reform process.
Following the Constitutional Court’s June 2026 judgment on the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, further parliamentary processes are required before the legislation can progress.
Importantly, the current legislative process does not establish a specific framework for generative AI or comprehensively resolve questions surrounding the use of copyrighted music in AI training.
This leaves important issues for creators and rights holders to consider, particularly as international developments continue to influence how music is created, distributed and monetised.
A modern copyright framework will need to consider the relationship between technological innovation and the rights of the people whose original work contributes to the development of new creative technologies.
The Growing Call for Fair AI Licensing
The conversation around AI and music rights extends beyond South Africa.
Music rights organisations and publishers internationally are increasingly advocating for transparent licensing arrangements that recognise the value of musical compositions and sound recordings used in AI systems.
In October 2026, the Composers, Authors and Publishers Association of South Africa (CAPASSO) endorsed principles developed by the Independent Music Publishers International Forum (IMPF) and IMPEL.
The principles call for fair and transparent licensing, appropriate attribution and remuneration when copyrighted musical works are used in generative AI systems.
CAPASSO has also emphasised that musical compositions, including melodies and lyrics, must be recognised and valued alongside sound recordings in AI licensing arrangements.
This distinction is particularly important because a musical composition and its sound recording represent separate intellectual property rights, often controlled by different rights holders.
For example, a songwriter may own or control rights in the underlying composition, while a record label or recording artist may own or control rights in the master recording.
Any licensing framework involving AI must therefore consider the different rights attached to the music being used.
The growing industry consensus around consent, transparency, attribution and fair remuneration highlights the importance of ensuring that technological innovation does not come at the expense of music creators.
What Does This Mean for Songwriters and Music Creators?
As AI becomes more integrated into the creative process, musicians and rights holders need to understand how their work is being created, documented and commercially exploited.
For songwriters, composers, producers and performers, several considerations are becoming increasingly important:
1. Understand your rights and ownership
Creators should understand the distinction between musical compositions and sound recordings, including who owns or controls the relevant rights and how those rights may be licensed.
2. Be transparent about AI involvement
Where registration processes request information about AI use, creators should provide accurate disclosures. Understanding and documenting the extent of human contribution can also help establish a clearer record of the creative process.
3. Maintain proper creative documentation
Keeping songwriting drafts, production sessions, stems, agreements and other supporting documentation can help demonstrate the human contributions involved in creating a musical work.
4. Understand licensing and permissions
The use of existing copyrighted music in AI training and commercial applications raises important licensing considerations. Creators and rights holders should understand how their work may be used and what permissions may be required.
5. Stay informed about industry developments
AI-related copyright frameworks and industry policies are evolving. Creators should follow developments from collecting management organisations, music publishers, industry associations and policymakers to understand how changes may affect their rights and royalties.
Building a Responsible Future for AI and Music
Artificial intelligence is unlikely to disappear from the music industry. Its applications will continue to develop, creating new possibilities for production, experimentation, distribution and commercialisation.
The challenge is ensuring that innovation takes place within an environment that recognises and protects the contribution of human creators.
For South Africa, this requires collaboration between policymakers, collecting management organisations, music publishers, record labels, technology companies and creators themselves.
Clearer copyright guidelines, transparent licensing practices, reliable rights data and fair remuneration mechanisms will be essential to building confidence in the use of AI within the music business.
At Downtown Music Publishing Africa, a Virgin Music Group company, we recognise that protecting intellectual property is fundamental to the long-term sustainability of the African music industry.
As a full-service music rights management company, DMPA provides publishing administration, sync licensing, neighbouring rights, royalty accounting, legal services and creative support for African music creators.
As the relationship between technology and music continues to evolve, ensuring that creators’ rights remain recognised, protected and properly managed must remain a priority.
The future of music may increasingly involve artificial intelligence, but the value of human creativity, intellectual property and the people behind the music must never be overlooked.
