Suno, Who is the Composer?
When a person generates a song using an AI like Suno, understanding their rights involves distinguishing between the “ownership” granted by the AI platform and actual legal copyright protection.
Here’s a breakdown of the rights a person has over a song generated with an AI like Suno:
Platform “Ownership” vs. Legal Copyright
Ownership from Suno: Suno’s terms of service generally state that users “own” the music they create on the platform. This means that Suno AI itself will not claim the music or restrict its use, allowing the user to use, distribute, and monetize the music. If you subscribe to a paid Suno AI service, the terms usually grant you commercial use rights for the songs you generate, even if you later cancel your subscription. Users have reported successfully uploading over 50 AI-generated videos to YouTube without copyright issues.
Legal Copyright: However, legal copyright protection is a separate legal framework that grants exclusive rights to creators over their original works. For a work to qualify for copyright, it generally must demonstrate originality and be created by a human author. If music or lyrics are generated entirely by AI without significant human intervention or modification, it becomes difficult to claim the human creativity and originality required for copyright. Without copyright, the creator would lack the exclusive legal rights to reproduce, distribute, or perform the work, making it challenging to pursue legal action against unauthorized use by others. The legal landscape in this area is still very recent and has few clear precedents.
The Role of Human Contribution in Copyright
To strengthen a claim to copyright, a user should make substantial modifications to the AI-generated content. This includes:
- Customizing Lyrics: Even if AI generates initial lyrics, modifying them to reflect a unique identity and brand is crucial for originality.
- Mixing and Mastering: Enhancing audio quality by adjusting volumes, enhancing bass, and removing distortions demonstrates human creative input and professional polish. One user noted editing in a video editing program like DaVinci Resolve and combining nearly 100 AI-generated song segments to achieve a desired outcome.
- Adding Human Elements: Incorporating human-performed instruments, vocals, or effects (e.g., using AI for backing tracks and adding personal guitar, bass, or keyboard parts) can significantly contribute to originality.
- Documenting Contributions: Keeping a detailed record of the creative process, including drafts, notes on changes, and version control, is vital to demonstrate human originality. A tracking sheet can help document elements generated by AI versus human contributions, software used, and creative decisions.
If the music is primarily AI-generated with minimal human involvement, full copyright might be legally risky. In such cases, a user might consider Creative Commons licenses (e.g., Attribution-only) that allow others to use the work under specific conditions while still crediting the original user.
Legal Challenges and Industry Debate
Record labels have filed lawsuits against AI music generators like Suno and Udio, alleging unauthorized use of copyrighted material for training their AI models. They argue that AI-generated songs can bear striking resemblances to existing copyrighted works, with some instances reportedly sounding “incredibly like Eminem”.
The core of the issue is whether the AI’s learning process constitutes “stealing” copyrighted data or if it’s akin to a human musician being “trained” by listening to music throughout their life. Some argue that AI only recognizes patterns and reproduces them, and that if the output isn’t a direct 1:1 copy, there shouldn’t be an issue.
The industry is adapting to the rise of AI music by discussing the need for ethical standards, fair use considerations, and compensating original artists whose work is used for training. Transparency about training data and proper licensing are considered crucial steps for AI companies.
In conclusion, while platforms like Suno AI empower individuals to produce music rapidly and grant internal “ownership,” obtaining full legal copyright protection for AI-generated music largely depends on the degree of significant and original human creative input. By actively modifying, refining, and documenting their contributions, users can strengthen their claim to copyright over these hybrid creations.
