Several major record labels have filed copyright infringement lawsuits against generative AI music apps Suno and Udio. The labels claim that the AI companies have copied sound recordings owned by the record labels and produced outputs that are very similar to those recordings. The lawsuits seek damages of $150,000 for each allegedly infringed track. Examples of songs mentioned in the lawsuits include Dancing Queen by ABBA and All I Want For Christmas Is You by Mariah Carey. These lawsuits are not the first to trouble the generative AI industry, as visual artists and newspapers have also sued makers of image generating systems and OpenAI, respectively. The outcome of this litigation may determine the future viability of generative AI products.
Generative AI music apps work by allowing users to input a text prompt, such as a theme or concept for a song, and the app generates an MP3 song based on that prompt. The AI has been trained using a vast amount of data, which the lawsuits allege includes pre-existing sound recordings owned by record labels and used without permission.
The court will consider four factors in determining whether Suno and Udio’s use of the record labels’ songs constitutes fair use: the purpose and character of the use, the nature of the original copyright work, the amount and substantiality of the portion used, and the effect of the use on market value. The purpose and character of the use is particularly contentious, as it involves determining whether the generative AI music provides a new meaning, expression, or value to the original work.
One concern for the music industry is voice cloning, where AI music apps can clone a famous singer’s voice onto any song. Suno denies that its app allows voice cloning because it does not allow users to reference specific singers.
The outcome of the litigation is uncertain, but it may result in a settlement or new licensing arrangements between the parties. It will also provide American courts with an opportunity to clarify whether generative AI music apps fall under fair use, which could set a precedent for other types of generative AI apps.