Creative industries are on the brink: AI and copyright in crisis!

Creative industries are on the brink: AI and copyright in crisis!

On June 25, 2025, experts from the creative industries and music industry gathered at the 12th BVMI Cultural Conference in Berlin under the motto “Culture: Back to Business”. The event was about the economic relevance of the creative industries, which employ around 2 million people in Germany and generate over 200 billion euros in sales. State Secretary for Economic Affairs Gitta Connemann emphasized the crucial role of this industry for growth and innovation.

A central topic was the challenge of artificial intelligence (AI), which is significantly changing the industry. The music industry warned of potential copyright dilution through generative AI. IFPI's Victoria Oakley called for licensing of music use by AI models, while Dr. Jonas Haentjes from EDEL highlighted the rapid development in music production. He reported that around 100,000 new songs are produced every day, of which around 20,000 are generated exclusively by AI.

Copyright issues

The discussion about how to deal with generative AI also raised legal questions. The creative industry is intensively concerned with the question of who owns the rights to AI-generated works and how the protection of original creations can be guaranteed. Current copyright law offers the author extensive rights, but the question arises as to whether output from generative AI can be considered worthy of copyright protection. Loud Deloitte Legal The output of AI is not generated from human intellectual creativity, but through machine learning.

The European Parliament had already determined in October 2020 that works of generative AI are currently not protected by copyright, as intellectual property rights require a natural person in the creation process. This view is supported by the EU AI Act. In March 2023, the US Copyright Office determined that copyright protection would not be extended to works created by generative AI unless humans had creative control over the content.

Impact on the creative industries

Dr. Florian Drücke, Chairman of the BVMI, emphasized the economic basis of the cultural and creative industries and the need to find a balance between promoting innovation and protecting copyrights. The industry is characterized by high innovation dynamics, which opens up new fields of activity, while at the same time the changes in the labor market caused by AI cannot be ignored. A direct exchange between the industry and politics is essential in order to develop fair solutions.

The political framework must be designed in such a way that the economic power of the creative industries is maintained and strengthened. The challenge remains to find the balance between the needs of creatives and the possibilities that generative AI offers.

As developments in the field of generative AI continue, the need for a clear legal framework to both promote creativity and protect creators' rights becomes increasingly urgent.