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This is our final newsletter for 2018 and readers can expect our first in the new year to appear in their in-boxes on Wednesday, Jan. 2.
Dec 28, 2018
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Legal News
Music Publishers Canada Files to Intervene in Landmark AI and Copyright Federal Court Case
“It is imperative that Canada approach generative AI in a manner that respects creators and incentivizes human expression,” the Canadian rights organization’s CEO, Margaret McGuffin, tells Billboard Canada.
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AI continues to be a hot topic in the music industry, and it's starting to play out in courts.
Music Publishers Canada (MPC) has filed a submission with the federal court to intervene in one of the country’s first-ever legal proceedings about the role of generative AI and copyright laws.
Depending on the outcome, the case could impact how the federal government determines whether a piece of music created with the assistance of AI tools is eligible for copyright protection. The law could create precedent for who the rightful author of an AI-assisted work is.
MPC and its CEO Margaret McGuffin have been notable advocates for legal adherence to intellectual property in the AI age, and this shows the organization is putting their money where their mouth is.
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“Music Publishers Canada’s intervention is part of our ongoing advocacy initiatives to ensure that the interests of our music publisher members are heard,” McGuffin tells Billboard Canada. “It is imperative that Canada approach generative AI in a manner that respects creators and incentivizes human expression.”
In its submission, MPC requested that “only a human can be an author for copyright purposes," even if a copyrighted work is created by a human with the help of AI tools. In addition, the copyrighted work created using AI tools “should be consistent with the approaches that are being adopted in other jurisdictions around the world."
Canada’s copyright law has “already assesses copyright protection by focusing on the extent of the human author’s contributions of skill and judgment to the creation of the work,” MPC says. The submission suggests that courts “take a case-by-case, contextual look at how a creator used AI to support their creative efforts.”
In 2024, the initial lawsuit was filed by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) to challenge the copyright registration of an image created using a generative AI tool. According to court documents, the tool developed by Ankit Sahni can modify a user-provided image to match the style of a specific artist.
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Sahni wanted to modify one of his photographs to match the style of Vincent Van Gogh’s famous painting, The Starry Night. Three years prior, the Canadian Intellectual Property Office had already granted a copyright registration for the image, listing Sahni and the AI tool as co-authors.
While legal proceedings have been ongoing, MPC requested to make a submission this year. The organization saw the scope of the case could create precedent throughout the creative industries, including music.
The organization’s request was approved in June 2026, with the court claiming that Music Publishers Canada “has the necessary knowledge, skills and resources to meaningfully and usefully participate in this proceeding.”
McGuffin has been an advocate for legal policy in relation to AI. She has has spoken at the House of Commons and the National Summit on Artificial Intelligence and Culture, ensuring that copyright policies reflect the value of Canadian artists’ contributions. Her dedication to advocating for proper compensation and attribution is part of what landed her the prestigious Impact Award at this Billboard Canada Power Players 2026.
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In the proceeding, Music Publishers Canada will be represented by Billboard Canada 2026 Power Player Casey Chisick, Eric Mayzel, Claire Stempien and Steven Henderson at Cassels Brock & Blackwell LLP.
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