SoundCloud changes its TOS again after an AI uproar

Music-sharing platform SoundCloud is saying it 'has never used artist content to train AI models,' and that it's 'making a formal commitment that any use of AI on SoundCloud will be based on consent, transparency, and artist control.' The update comes several days after artists reported that changes made last year to its terms of use could mean it reserved the right to use their music and other content to train generative AI tools.
'The language in the Terms of Use was too broad and wasn't clear enough. It created confusion, and that's on us,' writes SoundCloud CEO Eliah Seton.
The terms that SoundCloud is currently using were updated in February last year with text including this passage:
In the absence of a separate agreement that states otherwise, You explicitly agree that your Content may be used to inform, train, develop or serve as input to artificial intelligence or machine intelligence technologies or services as part of and for providing the services.'
But Seton says that 'in the coming weeks,' that line will be replaced with this:
We will not use Your Content to train generative AI models that aim to replicate or synthesize your voice, music, or likeness without your explicit consent, which must be affirmatively provided through an opt-in mechanism.
Seton reiterates that SoundCloud has never used member content to train AI, including large language models, for music creation or to mimic or replace members' work. And, echoing what a SoundCloud spokesperson told The Verge in an email over the weekend, Seton says if the company does use generative AI, it 'may make this opportunity available to our human artists with their explicit consent, via an opt-in mechanism.'
Ed Newton-Rex, the tech ethicist who first discovered the change, isn't satisfied with the changes. In an X post, he says the tweaked language could still allow for 'models trained on your work that might not directly replicate your style but that still compete with you in the market.' According to Rex, 'If they actually want to address concerns, the change required is simple. It should just read 'We will not use Your Content to train generative AI models without your explicit consent.'

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