Fairfield, OH asked in Copyright, Entertainment / Sports and Intellectual Property for Ohio

Q: AI Music Making

There's this AI music making software called Suno. Suno's TOS states that anything made with their software are not permitted for commercial use (and Suno owns the song) unless it the song was made during a premium subscription.

From what I see, you can't own AI generated music because it isn't classified as human-made.

To sum it up, could I use the songs generated commercially without a subscription?

2 Lawyer Answers
James L. Arrasmith
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Answered

A: No, you cannot use the songs generated by Suno for commercial purposes without a premium subscription. According to Suno's terms of service, they retain ownership of any music created using their software unless it is made while you have an active premium subscription.

If you try to use the songs commercially without subscribing, you would be violating their terms and potentially facing legal consequences. It’s important to adhere to these guidelines to avoid any issues.

To use Suno's music commercially, ensure you have the necessary subscription, giving you the rights to your creations. This way, you can confidently use and monetize the music you produce.

1 user found this answer helpful

Bao Tran
PREMIUM
Answered

A: Given the terms of service (TOS) for Suno and the current legal landscape regarding AI-generated music, here are the key points to consider regarding the commercial use of songs generated by Suno without a premium subscription:

Suno's Terms of Service

Ownership and Commercial Use: According to Suno's TOS, any music generated using their software is owned by Suno and is not permitted for commercial use unless it was created during a premium subscription.

Legal Considerations

Copyright Status of AI-Generated Music: The U.S. Copyright Office has ruled that works generated entirely by AI cannot be copyrighted because they lack human authorship. This means that AI-generated music, in general, may not be protected under copyright law as an original work.

Practical Implications

Suno's Ownership Claim: Despite the general copyright status of AI-generated music, Suno's TOS explicitly state that they retain ownership of the music generated by their software. This means that, contractually, you are bound by their terms if you use their service.

Commercial Use Without Subscription: Using Suno-generated music for commercial purposes without a premium subscription would violate their TOS. Even though the music itself may not be copyrightable, you would still be breaching the contractual agreement with Suno, which could lead to legal consequences.

Recommendations

Adhere to TOS: To avoid any legal issues, it is best to comply with Suno's TOS. If you wish to use the music commercially, consider subscribing to their premium service.

Alternative Services: Explore other AI music generators that offer royalty-free music for commercial use. For example, services like SOUNDRAW, Beatoven.ai, and Soundful provide options for generating and using AI music commercially, often with clear licensing terms.

Conclusion

While AI-generated music may not be eligible for copyright protection due to the lack of human authorship, Suno's TOS still govern the use of music created with their software. Therefore, using Suno-generated music commercially without a premium subscription would violate their terms, and it is advisable to either subscribe to their premium service or use an alternative AI music generator that permits commercial use under their licensing agreements.

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