Whose Song Is It Anyway?

Why, and how, did Taylor Swift, like many others before her, re-record four of her albums? In the final episode of this season, I also answer: Can an artist ever truly own their music and what can Taylor Swift’s story teach us? Can, and should, you sell your catalogue? What can an artist do when the system fails them, practically and politically?IN THIS EPISODE00:50 Taylor Swift’s story of re-recording and buying back the ownership and control of her music 06:16 Can an artist ever truly own their music and what can Taylor Swift’s story teach us? 11:55 Can, and should, you sell your catalogue?17:17 What can an artist do when the system fails them, practically and politically?20:50 The overall theme of the season and what I hope you have gained from it.MENTIONED IN THIS EPISODE• Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

Without personality rights you do not own the digital version of your face, image, voice or likeness. This episode dives into the harms caused by unauthorised deepfakes and what we can do about it. I discuss: What rights to artists have over AI generated versions of themselves? What’s the current legal position on voice cloning and deepfakes in the UK today? What are other countries doing to address the issue of deepfakes rights? Should the UK introduce personality rights, and what would that mean? As well as the low down on registering trade marks, what you can register them for and if they might be relevant in the context of AI and my recommendations for addressing the harms of unauthorised deepfakes.IN THIS EPISODE00:48 You don’t own your face in digital form – how deepfakes are a threat to our ability to control our own likeness 01:36 The 3 key harms caused by unauthorised deepfakes from Hayleigh’s research: 1) Deepfakes used for disinformation and fraud04:20 2) Deepfakes used in violence against women and girls, and the two reasons why the harm is ‘real’ even though the video or picture may not be08:03 3) Deepfakes displacing creative workers 10:45 What rights to artists have over AI generated versions of themselves? What about registering a trade mark?16:06 What’s the current legal position on voice cloning and deepfakes in the UK today? Considering copyright, defamation, criminal laws, the UK Online Safety Act, passing off21:36 How the regulation of deepfakes is being approached in other countries. 25:53 Should the UK introduce personality rights, and what would that mean?28:49 Recommendations for addressing the harms of unauthorised deepfakes, personality rights, and other measures. MENTIONED IN THIS EPISODE• Hayleigh’s academic paper on Deepfakes: https://onlinelibrary.wiley.com/doi/10.1111/jwip.70020 • Find your local MP: https://www.mysociety.org/wehelpyou/who-is-your-mp/ • Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.htmlFIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

This episode covers the UK Streaming Inquiry; how it started, what went down and the outcomes including the Agreed Principles and what those means for artists, songwriters and musicians – from wiping unrecouped advances, contract negotiation to payment of per diems for songwriting sessions - and how we measure if these Principles are effective or not, with the songwriter and artist surveys. I also answer: Is streaming actually fair for artists and what does the data show? What are the agreed principles following the UK Streaming Inquiry and do they go far enough? What would a fairer streaming module look like? Plus, how law is made up and we can think of creative ways to better support creators such as Ireland’s base income for artists.IN THIS EPISODE00:57 The UK Streaming Inquiry, how it started, what went down and the outcomes 05:26 Is streaming actually fair for artists and what does the data show?09:33 What are the Agreed Principles following the UK Streaming Inquiry and do they go far enough?11:09 Principle 1: Commercial support for legacy artists, including forgiving unrecouped advances 12:19 Principle 2: Technical and marketing support for legacy artists 12:47 Principle 3: Contract re-negotiation 14:46 Principle 4: Supporting new and emerging songwriters with Per Diems for songwriting sessions16:30 Principle 5: Increased session fee for pop and classical musicians 17:15 Measuring the effectiveness of the Agreed Principles: The songwriter and artist surveys 18:53 What would a fairer streaming module look like? What other measures were advocated for in the Streaming Inquiry - equitable remuneration, rights revocation, contract adjustment22:33 EU research on the effectiveness of the Copyright Directive which regulated equitable remuneration, rights revocation and contract adjustment through the EU Member States24:04 Law is made up and we can be creative about thinking of new ways to better support creators, such as Ireland’s base income for artists.MENTIONED IN THIS EPISODE• Songwriter survey https://app.onlinesurveys.jisc.ac.uk/s/brunel/songwriter-survey-principle-4 • The Agreed Principles https://www.gov.uk/guidance/new-label-led-measures-to-boost-income-for-uk-music-creators • Watch Hayleigh at the Streaming Inquiry Update session in Parliament: https://parliamentlive.tv/event/index/cfa65305-fb6a-4178-8b43-a7d8da403dcc • Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

This episode is all about the law and policy around AI and copyright. By the end of this episode, you will better understand the process of how law is made and feel that you know, and are entitled to, engage in that process. I also answer: How is law made? What are governments and regulators doing to protect artists from AI? Is current, or proposed UK law adequate for this challenge? How can artists engage with policy consultations?IN THIS EPISODE01:11 Law as an evolving thing we can engage with04:32 How is law actually made? And what’s a Select Committee?10:10 What are governments and regulators doing to protect artists from AI?12:53 The UK IPO consultation on AI and copyright and the proposed copyright exception for AI 20:31 Is current, or proposed UK law adequate for this challenge?21:55 House of Lords Communications Committee Report on AI and Copyright 24:12 How can artists engage with policy consultations?MENTIONED IN THIS EPISODE• Find your local MP: https://www.mysociety.org/ • Example of a consultation response by Hayleigh: https://committees.parliament.uk/writtenevidence/162639/pdf/ • House of Lords Communications Committee Report: https://committees.parliament.uk/work/7827/large-language-models/publications/ • Government AI announcement: https://questions-statements.parliament.uk/written-statements/detail/2026-03-18/hcws1416 • Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

Diplo says music makers need to embrace AI, Jack Antanoff says those who do are bad actors. I explore these perspectives in this week’s episode and answer: Does AI generated music infringe copyright and how does the law currently stand? What happens if I upload my music to an AI platform? How do I protect my music from being trained by AI models without my consent? As well as, outside of the hype, what does AI actually do and how does it generate a song? With breakdowns of the Getty Images v Stability AI and GEMA v Chat GPT cases and the recent development in France. IN THIS EPISODE00:49 Diplo, Jack Antanoff and my view on using AI for music making vs the benefits of engaging in the human creative process and the arts, and why I don’t personally use it. 11:27 What is AI and what does it actually do? Can I use it to write a contract for me?14:44 How does AI generate a song?15:19 The use of metaphor in the AI discourse – calling it Data instead of Art 16:20 Comparing the human creative process with AI generation 17:48 Does AI generated music infringe copyright and how does the law currently stand?19:39 What happened in the Getty Images v Stability AI (UK) and GEMA v Chat GPT (Germany) cases?25:00 What happened in France to change the law around AI and copyright?25:59 What happens if I upload my music to an AI platform?27:42 How do I protect my music from being trained by AI models without my consent?MENTIONED IN THIS EPISODE• Hayleigh’s academic article mentioned that discusses the use of metaphors in AI discourse: https://onlinelibrary.wiley.com/doi/10.1111/jwip.70020 • Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

According to the UK Music Report, Black Music Means Business, over 80% of the UK music market originates from Black Music genres, and yet, we also know that Black artists face systemic racism, with data showing that Black women are the most disadvantaged in the UK Music industry. This episode discusses racism, sexism and discrimination in the music industry, including: How do industry power dynamics affect artists rights and creative freedom? What does the data actually show about diversity and ownership in music? What are the on-going inquiries and campaigns relevant to working artists? How can you take action?Trigger warning: This episode discusses sexism, racism and discrimination. *Correction: Black women in the UK music industry are paid 52% less than white men. FIFTY TWO. (Not 46) according the Black Lives in Music survey 2021.IN THIS EPISODE00:57 Trigger warning, disclaimer and positioning from me 03:48 The UK Music Report: Black Music Means Business10:07 How do industry power dynamics affect artists rights and creative freedom? 14:15 The Women and Equalities Committee Inquiry into Misogyny in Music 16:50 What does the data actually show about diversity and ownership in music?25:52 What are the on-going inquiries and campaigns relevant to working artists?27: 40 The Eight Actions recommended by the UK Music Report: Black Music Means Business 29:54 Women and Equalities Misogyny in Music recommendations 32:33 Women in Control Seat at the Table Report 34:11 How can you take action?MENTIONED IN THIS EPISODE• UK Music Report: Black Music Means Business https://www.ukmusic.org/research-reports/black-music-means-business/ • Black Lives in Music Report 2021 https://blim.org.uk/report/ • The Musicians Union and Help Musicians: Musicians Census https://www.musicianscensus.co.uk/ • Ivors Academy 2021 https://ivorsacademy.com/news/olivia-rodrigo-is-the-biggest-songwriter-on-the-planet-new-report-from-blokur-and-the-ivors-academy-analysing-digital-platforms-shows/ • UK IPO Creators Earning Report https://www.gov.uk/government/publications/music-creators-earnings-in-the-digital-era • Women in Control Seat at the Table 2026 https://womeninctrl.com/seat-at-the-table-2026-report/ • Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

Why did TLC file for bankruptcy after selling 10 million albums?! In this episode I’ll tell you the story of how one of the best-selling American girl-groups of all time filed for bankruptcy, held their label to account and restructured their finances. I’ll also answer: What’s contract got to do with copyright? What do I need to understand before I sign anything? Can I re-negotiate my contract? Can you get AI to write a contract for you? Plus, what we can learn from The Sex Pistol’s band contract dispute and why JoJo’s record deal meant it took 10 years to realise an album.IN THIS EPISODE00:50 The story of TLC filing for bankruptcy, re-negotiate their deal and take more control of their finances 02:55 What’s contract got to do with it?05:27 The story of The Sex Pistol’s band contract07:57 What do I actually need to understand before I sign anything?09:53 Be aware of 360 deals 11:04 The story of JoJo and her record deal 14:31 Can I re-negotiate my contract?17:20 Can you get AI to write a contract for you?MENTIONED IN THIS EPISODE• Buy your copy of Copyright in the Music Industry (second edition, 2026):⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

Why did Beyoncé remove a sample of the song Milkshake from her track ENERGY, even though she had cleared the rights? In this episode I talk about the history of sampling and answer: what is sampling and where did it come from? Can I sample that clip and how much can I take before it becomes a sample? Plus, what are the copyright exceptions do any apply and what happened in a 25-year case over a 2 second sample. IN THIS EPISODE00:33 Why Beyoncé removed a sample of the song Milkshake, from her track ENERGY03:50 What is sampling and where did it come from?08:34 Can I sample that clip and how much can I take before it becomes a sample?10:08 What are the copyright exceptions and do any of those apply?12:12 The 25-year copyright case over a 2 second sample: Kraft Werk v Nur Mir 17:28 The difference between Fair Use and Fair Dealing copyright exceptions 18:35 How do you negotiate a sample rate?FIND DR HAYLEIGH BOSHER:• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

What is the difference between taking inspiration and copying? In this episode I deep dive into the test for copyright infringement by talking you through the story of the Ed Sheeran v Sami Switch case, over the songs Shape of You and Oh Why. Plus stories of copying disputes in photography and fashion. I also answer: Can I get sued for making music that sounds like someone else’s? What is the legal test for copyright infringement? IN THIS EPISODE00:35 Why Ed Sheeran records his songwriting sessions: starting from the Blurred Lines case with Pharrell Williams which was all about money not about music 02:44 Sami Switch claimed Ed Sheeran claiming his song Oh Why was copied by Ed in Shape of You, but Ed’s team filed the lawsuit 05:49 The arguments set out by Sami Switch’s and Ed Sheeran’s teams in the case for copyright infringement 08:00 A plot twist: similar fact evidence, does previous settled disputes show a pattern of behaviour? Both sides of the story.12:36 Can I get sued for making music that sounds like someone else’s?14:22 Two stories of copying claims, one of a photographer and another of a fashion designer, and what we can learnfrom them.17:03 What is the legal test for copyright infringement?24:14 What’s the difference between inspiration and copying?27:12 The outcome of the Ed Sheeran trial. 30:02 The similar fact evidence plot twist revealed.   MENTIONED IN THIS EPISODE·      Sami Switch Oh Why: https://www.youtube.com/watch?v=GeH-ObndT7M·      Ed Sheeran Shape of You: https://www.youtube.com/watch?v=JGwWNGJdvx8·      Ed Sheeran interview: https://www.bbc.co.uk/news/entertainment-arts-61026308·      A Copyright playlist I made for you, links to Appleand Spotify here: https://www.hayleighbosher.com/book-copyright-in-the-music-industry FIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠ https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.

Even in the height of 90s contracts, the Spice Girls still made some smart choices there are benefiting from today. In this episode, hear about how they did this, and why is Spice World not on your streaming service… yet?! I also answer: What's a split sheet, why do I need one? And one of the most common questions I get asked in the industry: How do we decide the split? Plus, what does 'joint ownership' of a copyright mean and how it’s all really just about healthy boundaries, including what we can learn from the stories behind the joint ownership disputes around the film script for Florence Foster Jenkins and Lizzo’s Truth Hurts. And, what happens if my collaborator and I can't agree on the split?IN THIS EPISODE:00:45 How did the Spice Girls crack the code to avoid a band break up over money? 02:28 Why is Spice World not on your streaming service… yet?!03:10 What's a split sheet andwhy do I need one?07:07 how do you decide who getswhat?09:48 What does 'joint ownership' of a copyright mean? 12:00 The legal criteria for joint ownership under UK Law13:13 The story behind the joint ownership of the film script for Florence Foster Jenkins 16:28 What happens if mycollaborator and I can't agree on the split?17:55 What if I alreadycollaborated by we didn’t do a split sheet or agreement?18:40 The story behind the joint ownership dispute with Lizzo and her song Truth Hurts, and how it could have been avoided.  MENTIONED IN THIS EPISODE• Buy your copy of Copyright in the Music Industry (second edition, 2026) -⁠ https://www.e-elgar.com/shop/gbp/copyright-in-the-music-industry-9781035330386.html⁠• Musicians' Union Split Sheet https://musiciansunion.org.uk/legal-money/contracts-and-agreements/standard-contracts/song-share-agreementFIND DR HAYLEIGH BOSHER• Instagram: ⁠@hayleigh.bosher⁠• Website: ⁠https://www.hayleighbosher.com/ LOVE THIS EPISODE?• Subscribe on YouTube, Spotify, Apple or wherever you get your podcasts• Leave a 5⭐ review, it helps more people find the showCREDITSWhose Song Is It Anyway? is produced by Good FormFunded by The British Academy DISCLAIMERNothing in this podcast constitutes legal advice. It is legal education to help you learn more about your rights.