AI音乐的经济冲击:流媒体、版税流失与版权乱局深度解析 TechButMakeItReal 2026-04-29

AI音乐:版权与经济范式的重塑

2023年,一首由AI生成的“Drake与The Weeknd合作曲”因其高度的拟真度而迅速走红,累计观看量超过1100万次。然而,这股热潮很快被环球音乐集团(Universal Music Group)叫停,该曲目在所有平台被下架。到了2024年6月,三大主流音乐厂牌——环球音乐(Universal Music Group)、索尼音乐(Sony Music)和华纳音乐集团(Warner Music Group)——联手对AI音乐生成器和UIO提起诉讼,指控其大规模侵犯版权录音,其规模之巨令人难以想象。这一事件标志着AI正深刻改变音乐流媒体的经济生态,包括版税流向、唱片公司对AI公司的态度转变,以及虚假流量如何转化为真实收益。这背后真正的驱动力并非伦理道德,而是利益。

Original English Source

AI generated Drake and the Weekend Collab, the song that mimicked each of them and quite convincingly went viral in 2023, racking up over 11 million views. And all was fine and dandy until Universal Music Group took down that track across every platform. June 2024, three major music labels, Universal, Sony, and Warner Music Group, all three filed lawsuits against AI music generators and UIO, accusing them of mass infringement of copyright sound recordings on an almost unimaginable scale. This is a deep dive into how AI is changing the economics of music streaming, how royalties flow, why labels are suing AI companies one day and partnering with them the next. How fake streams turn into very real money. And the real reason the Hollywood and the music industry is taking tech companies to court. And spoiler, it's not ethics, it's the money. Let's dive in.

AI音乐的生成机制与版权悖论

AI模型生成音乐的核心机制(Core Mechanism)在于,它首先通过摄取海量的现有音频文件(如MP3),并将其转换为声谱图(Spectogram: 声音的视觉表示,显示频率和振幅随时间变化)。模型从这些统计模式中学习不同音乐风格(如爵士、嘻哈、摇滚、流行)中频率组合的规律,以及如何营造特定的情绪(如魔幻、紧张、悬疑)和歌曲结构(如主歌、副歌)。这种学习过程与人类作曲家通过乐理、视唱练耳和和声学等学科进行训练,识别并创造新模式的方式惊人地相似。

当用户输入“带有魔幻节拍的电影背景音乐”等指令时,AI模型会根据其所学预测声音的衔接方式,生成全新的音频文件。这些生成内容从未直接复制任何原始录音,但若无前期的数据“学习”,则无法产出任何作品。这引发了一个核心版权悖论(Copyright Paradox):一方面,AI公司声称未复制任何内容,因此不构成版权侵权;另一方面,若无前期海量原始数据的“训练”,AI模型便无法存在。与人类音乐家通过消费(购买专辑、听歌、上大师课)来学习并融入创意生态不同,AI模型在训练过程中并未向权利人支付任何费用。这种规模效应(Scale Effect)的差异是导致行业冲突的关键。

Original English Source

How does AI produce music? For an AI model to compose or produce music, before a single note is generated, it is fed a massive data set of existing audio files like MP3s that get converted into a spectogram. Specttograms are visual representations of music, which are essentially pictures of sound that show frequency and amplitude over time. And the model learns from those statistical patterns. What combinations of frequencies appear together in jazz versus hip-hop versus rock versus pop? How to create the sound of magic? How to create the sound of tension? How to create a sound of investigation? And what a verse sounds like versus a chorus. How Barack structures differ from postmodern. How Drake style rap differs from a classical tenor and so on. The curious thing is that this is the very thing that composers are trained in from music theory, sulfedio, harmonies, all of those disciplines take years to learn so that a musician can spot those patterns and produce new. Okay, so put that aside. That was the first part on how the model learns. And now we'll talk about the inference, the actual production of music. When you type cinematic background music with magical beats, the model generates a new audio file by predicting what sounds should follow each other based on everything it learned in the past. The music that is generated never repeats the original recording, but it couldn't produce anything without having consumed them first. So on one hand, you can't blame it for copyright because well, it hasn't copied anything. But again, it wouldn't be able to produce anything without learning first. But how is that different from a human learning music? A musician listens to thousands of songs, learns the patterns, mimics what others had composed before, and eventually learns the skill of composing. How are these two different? The difference isn't as much about the ethics of creation. I feel like when it comes to music or acting or art in general, there's a lot of chatter about the ethics of copying someone's work or producing content based on somebody else's work. But the core difference is that unlike an individual, media is a business and being the beast of an industry that it is, it's a money-making machine. The difference between a musician listening and copying and a model listening and learning is the scale. A musician or a composer listens to music as a consumer even when they learn and mimic existing styles. They still pay for the albums. They buy sheet music. They stream songs. They pay for concerts. They pay for master classes. They must purchase access to a song if they want to use it in a YouTube video. All of these are components of the consumption cycle that funds the creator ecosystem.

音乐版权结构与版税流向解析:以Queen乐队为例

要理解音乐产业的经济机制,必须明确音乐作品的所有权结构(Ownership Structure)与版税流向(Royalty Flow)。以Queen乐队的经典歌曲《Another One Bites the Dust》为例,存在两种主要的版权形式:

  1. 歌曲创作版权(Composition Copyright: 涵盖旋律、和弦进程、低音线及歌词)。这首歌完全由Queen乐队的贝斯手约翰·迪肯(John Deacon)创作,因此他是原始创作版权的唯一所有者。根据美国版权法,该版权保护期为作者有生之年加70年,预计至少到2096年才失效。歌曲的发行权最初由Queen Music Limited持有,后被索尼音乐出版(Sony Music Publishing)收购。

  2. 母带录音版权(Master Recording Copyright: 涵盖歌曲的特定录制版本)。这首歌的母带版权最初归Queen Production Limited所有。在北美地区,其母带权利于1991年授权给迪士尼音乐集团旗下的Hollywood Records。2024年6月,索尼音乐以12.7亿美元的天价收购了Queen乐队的全部资产,包括录音权、出版权、姓名和肖像权,创下了迄今为止音乐目录交易的最高纪录。

目前,当《Another One Bites the Dust》在任何流媒体平台播放时,录音版税(Recording Royalties)将流向索尼音乐,因为它拥有第二类版权。而约翰·迪肯(John Deacon)尽管自1997年以来未再公开演出,仍能持续收取出版版税(Publishing Royalties),这直接归因于他保留的词曲作者份额,不受出版管理方所有权变更的影响。

Original English Source

Let's use an example. The legendary Another One Bites the Dust by Queen. When I play this song on Spotify, who owns the rights and who makes money off of it? Listen closely. First of all, it is really important that you understand who owns the rights to this song. The composition or the written song, the melody, chord progression, the baseline, the lyrics belongs to the songwriter. Another one bites the dust was written entirely by Queen's basist John Deacon. He is therefore the sole composer and the owner of the original composition copyright. This is the first copyright that you need to know about. John Deacon wrote it in 1979 which under the US copyright law equals the life of author plus 70 years. So the composition copyright will not expire until at least 2096. The publishing rights, however, were originally held by Queen Music Limited and have since moved to Sony Music Publishing when Sony acquired Queen's catalog. And the copyright number two, the master recording, which covers the specific recorded performance of the song for Queen. This was originally owned by Queen Production Limited, which was the band's own company. In North America, the master rights were licensed to Hollywood Records under Disney Music Group in 1991. In June 2024, Sony Music acquired Queen's entire catalog, their recording rights, publishing rights, name and likeness rights for $1.27 billion, which is the largest music catalog deal in history till this day. So, as of today, when Another One Bites the Dust streams anywhere in the world, including Spotify, the royalty flows to Sony Music because they are the owner of the second copyright. John Deacon, who hasn't performed publicly since 1997, is still collecting publishing royalties because he has retained his songwriter share that flows directly to him, regardless of who owns the publishing administration.

AI训练与版税支付的根本冲突

AI音乐的根本问题(Root Problem)在于,当AI模型同时训练数千万条录音时,它不会为这些录音背后的任何权利人产生收益。这正是音乐、写作和电影产业对AI的核心症结所在——并非伦理问题(因为“天下文章一大抄”),而是AI公司在训练数据上未支付成本

Spotify等流媒体平台能触发版税支付,是因为歌曲的播放行为是有许可的合法事件(Licensed Legal Event)。然而,AI训练的工作机制完全不同:当AI抓取音频文件时,文件仅暂时加载到内存,被转换为数学表示(Mathematical Representation),如声谱图,用于更新模型权重后即被丢弃。模型本身不包含原始音频,也无法直接重现原始音频或其微小变体。因此,AI模型公司主张它们未永久复制、未进行重制或分发,故不构成版权侵权。

然而,音乐厂牌反驳称,AI模型生成的音乐与原始训练内容形成竞争关系(Competitive Relationship),甚至可以替代(Substitute)原始录音,这构成了侵权。以AI生成的Drake与The Weeknd合作曲为例,环球音乐集团将其下架的法律依据并非AI生成本身(当时语音克隆在美国版权法下并未明确违法),而是因为其中包含了一个制作人标签(Producer Tag)的采样——Metro Booming的音频水印。这一案例充分暴露了现有法律对于AI技术冲击的准备不足(Underpreparedness)。

Original English Source

Now, what happens when the song is streamed on Spotify? When the song is streamed, it splits into two parallel royalty rivers. The recording royalties and the publishing royalties. If I play the song in Spotify, Spotify collects all subscription and ad revenue, takes 30% for operating costs, distributes 70% to rights holders, and of those 70% roughly 50% goes to the sound recording owner. For another one bites the dust, that flows to again Sony Music. And after that, they pay the Queen's members or estate per whatever revenue sharing agreement was part of the catalog sale. And this brings us to the root of the problem. When an AI model gets trained on tens of millions of recordings simultaneously, it generates absolutely zero revenue for any rights holder behind those records. This is the root cause of the problem that the music industry or the writing industry or the movie industry has with AI. It's not so much about the ethics of it because everybody copies everyone. But the core issue is that the model companies don't pay for the data that was used for training. A logical question here would be but why doesn't it trigger the same royalty and copyright chain and that is because when you stream on Spotify the payment chain fires because there is a trigger the streaming of the song. The streaming is a licensed legal event by definition. AI training on the other hand doesn't stream. When AI scrapes, the audio file gets loaded into the memory temporarily. It is then converted into a mathematical representation like a specttogram and those representations are used to update the model's weights and the original audio file is then discarded. The model does not contain the audio. You can't hold it accountable because the audio isn't there. The model will never repeat the original or even a slight variation of the original. So the argument on the AI model company side is that they didn't make any copies permanently. There was no reproduction and no distribution. How is that a copyright infringement? The music labels argument, however, is that it is an infringement. And it is an infringement because the AI model produces music and that music competes and can substitute for the original recording used to train it. On top of it, add the whole intellectual property maze. Remember the example from the beginning, AI generated Drake and the weekend collab. So it was taken down by the Universal Music Group and their legal basis for the video takedown wasn't because it was AI generated. In fact, if you break that video apart, there is no face or picture cloning happening. It's only the music and the voices. But voice cloning isn't, or at least wasn't at the time, clearly illegal under the US copyright law. But the song was taken down because it contained a sampled producer tag. A producer tag is an audio watermark from producer Metro Booming that you can hear in the first 4 seconds of the tune. This story with The Weekend and Drake tells you basically everything you need to know about how prepared the law was for this moment.

流媒体版税池的稀释效应与AI的挑战

目前流媒体服务的版税模式(Royalty Model)通常采用聚合池模式(Pool Model)。其运作方式如下:

  1. 在一个设定周期内(如一个月),Spotify等平台会汇总所有订阅和广告收入(例如10亿美元)。
  2. 平台首先扣除30%作为运营费用。
  3. 剩余的70%(7亿美元)构成版税池(Royalty Pool)。
  4. 艺术家的分成计算公式为:其歌曲播放量 / 平台总播放量 × 版税池总额。

这意味着,当有更多歌曲竞争同一版税池时,每首歌的收益就会被稀释,导致每流媒体播放的收入减少。AI音乐(AI Music)的出现,带来了额外的流量,进一步稀释了版税池。更具威胁性的是,AI能够以几乎免费且即时(Almost Free and Instant)的方式生成音乐。这使得“不良行为者”可以:

  • 生成数十万首曲目并通过分销商上传到Spotify。
  • 部署机器人循环播放这些歌曲,从而虚增总播放量(Inflate Total Streams)。
  • 总播放量(分母)的增加,将导致其他艺术家的版税收入被“蚕食”(Shrink Payout)。

为了遏制这种利用AI进行欺诈的行为,苹果音乐(Apple Music)采取了更为严厉的措施,对关联欺诈活动的账户处以10%至50%的罚款,惩罚对象直指分销商而非仅仅AI曲目。然而,这种策略并未从根本上改变现有的版税计算逻辑。

Original English Source

Now, let's talk royalties. Everybody knows that it's a big thing in the entertainment industry, but I want to break down how exactly AI changes the economics of royalties. What's important to know is how the royalty model works in the streaming services today. Think of it as a pool model. The math runs like this. Let's say we take one month as a set period of time, January 1st to January 30th. Spotify collects all revenue from day one to day 30 for subscriptions and advertising. Let's say it's $1 billion. Then Spotify takes 30% of the top as the platform fee and that goes straight to Spotify. The remaining 70% becomes the royalty pool and the payout for the artist goes like this. Their streams divided by total platform streams multiplied by total royalty pool. This means that the more streams you've got competing for the same poll, the more it gets diluted and therefore less money per stream for everyone. AI music becomes an additional stream. So it indeed dilutes the pool. And the dangerous part is that AI makes music generations almost free and instant. So, if you've got a bad actor who can generate hundreds of thousands of tracks and upload them all to Spotify through a distributor and then deploy a bot to stream them on loop, what happens is that you blow up the denominator because every stream adds to the total platform streams and that takes a fractional slice of the royalty pool. Now, if you multiply that across millions of fake streams per day, you can see how the artist payout starts to shrink. To make this math unattractive for bad actors or for those who want to take advantage of it, you have to change the entire incentive structure because right now it is undeniably positive for the bad actor. As long as AI music generation is free and quick. Distribution to streaming platforms cost $20 a year. The royalty pool is zero sum and proportional. Bot streams cost fraction of a penny each. You can generate endless tracks and extract real money from a pool funded by real users. If Spotify deletes AI spam, you generate 100,000 more. Apple Music's response to this is actually more meaningful because they added 10 to 50% penalties for accounts linked to fraudulent activity. That way, they punish the distributor account, not just the AI track. But the underlying math still doesn't change.

现有版税模式的固化:巨星偏袒与未来版权格局

流媒体平台现有版税模式(Current Royalty Model)之所以难以改变,主要是由于音乐厂牌的阻力(Resistance from Music Labels),因为这种按比例分配模式(Pro-rata Model)极大地偏袒了头部巨星(Massively Favors Superstars)。例如,像泰勒·斯威夫特(Taylor Swift)这样拥有百亿播放量的艺术家,其所属厂牌Republic Records能够从全球版税池中获取巨额分成,即使是那些从未听过她歌曲的用户(如本报告作者),其订阅费也为巨星贡献了收益。如果转变为用户中心模式(User-Centric Approach),即艺术家只从实际播放其内容的订阅者那里获得收入,泰勒·斯威夫特的收益将从5000万美元大幅降至约1500万美元。

在法律层面,目前美国和欧洲正密切关注多起案件:

  • 针对OpenAI的版权诉讼,将界定训练创意作品(Training on Creative Work)的合法性。
  • Gemma诉Sunno裁决将确立欧洲AI音乐定位的法律标准。
  • 美国编剧工会(Writers Guild of America)的谈判结果显示,制片方同意在许可编剧内容用于AI训练时通知并咨询工会,但编剧并未获得AI训练数据的报酬

面对AI内容不可阻挡的趋势,各大唱片公司倾向于控制现有版税结构,使其继续偏向巨星。未来,围绕所有权(Ownership)、影响力(Leverage)和法律规避(Legal Workarounds)的博弈将决定版权生态的走向,可能出现以下三种结果:

  1. 许可经济(Licensing Economy):AI公司付费许可内容,创作者因提供训练数据获得报酬。这虽然缓慢且昂贵,但具有可持续性。
  2. 掠夺经济(Extraction Economy):法院批准大规模抓取数据,AI公司无需为训练付费,大部分价值流向AI公司。
  3. 全新框架(Net New Framework):围绕共享池构建平台级收入分成,或催生全新的知识产权形式。

最终,AI模型所依赖的创作者,能否对其产出拥有任何主张,将是核心焦点。

Original English Source

A logical question here would be why are they not changing this model then? And the reason for it is the resistance from music labels because the pro-rator model massively favors the superstars who dominate streaming. I'll show you why. Remember how the pool works. An artist's payout equals their streams divided by total platform streams multiplied by total pool. Meaning that if you have an artist with 10 billion streams, say Taylor Swift, who captures an enormous percentage of the entire global pool, her label, The Republic Records, collects that proportional share for every subscriber on the planet, including subscribers who never once played a Taylor Swift song. I am one of them. Think about it this way. Under the Pro Raa model, today a h 100red million subscribers a day pay $10 a month. That is a $1 billion pool. Taylor Swift gets 5% of all streams globally. That is $50 million. That 50 million figure includes the money from subscribers like me who never played her once. And now flip it to the user centric approach. the same $1 billion poll, but Taylor Swift only gets the money from subscribers who actually streamed her content. Perhaps 30% of the entire Spotify user base actively plays her songs. She gets 5% of that 30%. Which is roughly $15 million. 50 versus 15. At the same time, across the US and Europe, there are several cases that the music industry is watching very closely over the next several months. A copyright litigation against OpenAI that could define whether training on creative work is even legal. The Gemma versus Sunno ruling that will define the European legal standard for AI music positioning. And the Writers Guild of America negotiation cycle that just ended actually on April 4th. And the outcome of that negotiation cycle is actually very telling. studios agreed to notify and consult the Writers Guild of America if they license writer content for AI training. Plus, they added licensing requirements when studios use AI drawing from existing scripts, but writers were not granted payment for AI trading data. The irony is that the writers specifically initiated those stocks to get paid because they were the trading data and ended up at a loss. So while these battles are playing out in courtrooms, the major labels gatekeep the existing royalty structure that is skewed towards superstars because when it became clear that AI content isn't going anywhere, the labels preferred to control. And from here everything fractures into three possible outcomes. Outcome one, a licensing economy emerges where AI companies pay to license content and creators get their payments for supplying the training data. It is slow, it is expensive, but it is sustainable. The second possible outcome is when the extraction economy takes hold. That is going to happen when courts greenlight mass scraping. AI companies would pay nothing for training and the majority of value would flow to them. And the third outcome, a net new framework built around shared pools. The platform level revenue will split or perhaps we're going to see entirely new forms of intellectual property. Whatever happens next is going to be about ownership, leverage, legal workarounds, and whether the people whose work train the models will have any claim to what comes out of them. We hope this was helpful, and we'll see you in the next episode of the business of AI. Bye.

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关键字: ai-music-generation copyright-infringement streaming-economics royalty-models ai-training-data