Celebrating World IP Day: thoughts from our Editorial Board

As World Intellectual Property Day approaches on 26 April, 2025, we asked our Editorial Board for their thoughts on this year’s focus: ‘IP and music: feel the beat of IP.’

Providing unique insight from their respective jurisdictions, our Editorial Board members reflect on the vital role that IP plays in supporting the innovation and protection of music.

“In November 2024, GEMA, the German collecting society for composers, lyricists, and music publishers, filed a lawsuit against OpenAI. GEMA claims that OpenAI unlawfully used copyrighted song lyrics to train its generative AI model, ChatGPT, without authorization. This case challenges the applicability of the text and data mining (TDM) exception under Section 44b of the German Copyright Act and Article 4 of the EU Digital Single Market (DSM) Directive. GEMA argues that this exception does not apply because it had opted out on behalf of its members in May 2022. A key issue will be whether this opt-out was valid, timely, and sufficiently machine-readable.

 

“In September 2024, GEMA introduced an “AI Charter” presenting 10 principles for the ethical and legal use of AI in music. The charter emphasizes the protection of intellectual property, fair compensation for creators, and transparency from AI developers. It underscores that AI should not displace human creativity and calls for the responsible development and deployment of AI technologies in the music industry. ​

 

“The coming months will be crucial in determining how IP frameworks adapt to support both technological progress and the rights of music creators.”

Dr Claudia Tapia, Head of Global IPR Policy Research and Academic Relations, Ericsson

“World IP Day 2025 resonates deeply with me as a patent attorney and music lover. We often think of patents as protections for tangible inventions, but the innovative spirit they promote is equally vital in the music industry. Consider the groundbreaking recording technologies, digital audio workstations, and streaming platforms that have revolutionized how music is created, distributed, and enjoyed. Patents frequently support these advancements, which incentivize investment and drive progress.

 

“Copyright protects the essence of creative expression, encompassing melody, lyrics, and arrangement. Conversely, patents play a crucial role in empowering artists and companies to explore the limits of musical innovation. Understanding the relationship between patents and copyrights in the music industry can foster a dynamic and sustainable environment where creativity flourishes and innovation is unlimited. We should celebrate the significant collaboration of all forms of intellectual property in shaping the future of music.”

Mark Bloom, CLP®, RTTP™, NSABP Foundation, Inc.

“Japan is celebrating the 50th anniversary of its membership in WIPO and the 10th anniversary of its accession to the Hague System for the International Registration of Industrial Designs. It will also host Expo 2025 Osaka Kansai from April 13 to October 13, 2025.

 

“This year’s theme is ‘IP and music: feel the beat of IP.’  From traditional melodies to cutting-edge technology, Japan thrives on its unique blend of heritage and modernity. World IP Day 2025 reminds us that by protecting creativity and encouraging innovation, we are building and sustaining a music industry that benefits everyone everywhere.

 

“In today’s digital age, where streaming platforms dominate, Japan’s robust IP framework is vital. By protecting creativity, we ensure that artists and creators are rewarded for their work and can continue to inspire the world.”

Osamu Yamamoto, Partner, Yuasa & Hara

“This year’s theme proved to be tough for a patent guy. Not that there are no patents related to music, but who gets excited about the bottom plate of a Steinway piano (US-RE 9,431) or the tailpiece of the Gibson Les Paul guitar (US-PS 2,714,326)? On the other hand, how many people know that the Beatles had the good fortune of holding the rights to the name “Apple” when a tech company of the same name established itself in 1976, which, in consequence of several lawsuits, reportedly earned them more than USD 500 million? IP can play an ambiguous role in creative processes. When the Beatles entered a cooperation with Cirque du Soleil on what later became the show LOVE, they showed no hesitation in weighing in their IP when they felt that their artistic ideas did not match what Cirque had in mind. In consequence, the artistic concept was reworked, and the show became a huge success. The recording company holding the rights to the music, on the other hand, almost killed the project by refusing to grant a license and only yielded when threatened to be sued for damages. The takeaway is that IP can foster but also stifle creativity. And, sometimes, it may grant you a nice revenue when you least expect it.”

Stefan Schohe, Founder, SCHOHE

“IP rights enable creative expression, innovation, and fair compensation. With the current challenges facing creative industries, the World IP Day 2025 theme of ‘IP and music: feel the beat of IP’ is timely.

 

“While technological advances in the 2000s highlighted the role of patents in the music industry, they have underpinned musical technologies for over 150 years. In the late 1800s, the patented innovations of Thomas Edison (phonograph) and Emile Berliner (flat disc gramophone) laid the foundations for how we consume music today. In 2025, digital streaming technologies rely heavily on patented inventions, including video compression, content delivery, and playback.

 

“Many famous musical entertainers are – perhaps surprisingly – recognized inventors who have obtained patents to further musical experimentation, such as Eddie Van Halen’s patented musical support device and Prince’s keytar patent. 

 

“Beyond instruments, patents support recognizable performances, the best example being Michael Jackson’s patent for the shoes that enabled him to move like a “Smooth Criminal.”

 

“Today, the patentability of AI has arisen in the UK in the context of musical innovations, with the Supreme Court soon to rule on the issue of whether Emotional Perception’s artificial neural network music recommendation tool is patentable, continuing to highlight the value musical innovators place in IP.”

Sarah Taylor, Senior Practice Development Lawyer, Pinsent Masons’ IP practice

← Back to News

You may also like…