Policy on AI - Merlin
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Policy on AI

Use of Merlin Members’ Content for AI Purposes

Merlin members are independent record labels, distributors, label services companies, and other rightsholders from around the world, representing more than 15% of the global recorded music market. Merlin members own or control rights in the largest collection of quality independent music representing virtually every genre, language, and culture from throughout the world. This statement is made by Merlin on its own behalf and on behalf of all Merlin members. For more information about Merlin members, visit https://merlinnetwork.org/our-members/*. 

Merlin has a proud history of enabling innovation in the music industry through its partnerships with the world’s leading digital platforms and services. Merlin and its members recognise the benefit that responsibly-developed artificial intelligence (AI) technologies can bring to the creative community and to society as a whole. However, any use of copyright protected works for AI purposes must respect the rights of the relevant copyright owner(s) and the creator(s) of those works.

No sound recording or other copyright protected work(s) (including any associated metadata) owned or controlled by any Merlin member, or any related name, image or likeness (“Merlin Member Works”) may be accessed, reproduced, recorded, linked to, altered, ingested or used in any way, including by crawling, scraping, text or data mining, ripping, or making extracts or derivatives, in connection with the training, development, or implementation of, as inputs to, or otherwise in the context of, AI models, machine learning or similar technology (together “AI Purposes”), by any means, including automated means, without a specific and express license, in advance, from Merlin or the applicable Merlin member. 

The foregoing rights are reserved to the applicable Merlin member, and no such right or license is to be implied under any circumstances in any part of the world. No party that has lawful access to any Merlin Member Work(s) for any other purpose (e.g., the operation of a music streaming service) is authorised to use those work(s) for AI Purposes without a separate license in advance from Merlin or the applicable Merlin member, and no party is authorised to access, reproduce, or use any Merlin Member Work(s) for AI Purposes from any location, including by means of crawling, mining, scraping, ripping or similar means. 

All rights to make reproductions and extractions for text and data mining purposes in relation to all works or other subject matter referred to in Article 4(1) of Directive EU 2019/790 on copyright and related rights in the Digital Single Market are, have been, and continue to be – in respect of Merlin Member Works – expressly reserved to Merlin and applicable Merlin member(s) pursuant to Article 4(3) of that Directive. For each jurisdiction outside of the European Union, Merlin and its members similarly reserve all rights to use Merlin Member Work(s) for AI Purposes regarding any applicable exception, in each case to the fullest extent permitted by applicable law. 

If you wish to use Merlin Member Work(s) for AI Purposes, please contact Merlin at ResponsibleAI@merlinnetwork.org or the applicable Merlin member. 

* A full list of Merlin members is available to relevant persons under legally-binding confidentiality obligations. “Merlin member” refers to any person or entity that is party to a membership agreement with Merlin. Merlin is a trading name of Music and Entertainment Rights Licensing Independent Network Ltd. 

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