Suno
In the future, every technology company will have a celebrity advisor.
The latest is Timbaland, who is working with the generative AI company Suno on âday-to-day product development and strategic creative direction,â according to a late-October announcement. Timbaland is a hip-hop and R&B icon â a star songwriter, an innovative producer and a compelling performer. (His performance at the June Songwriters Hall of Fame gala was stunning.) As much of a genius as Timbaland is, however, it seems reasonable to wonder where heâs going to find the time for software development.
It also seems reasonable to wonder whether Suno hired him for more than his vision. As Suno faces controversy and litigation from rightsholders arguing that AI companies need to license the music they use to train their software, Timbaland may be there to make a case that this doesnât matter that much. (Neither Suno nor a representative for Timbaland would comment on the nature of Timbalandâs deal.) In other words, Timbaland is there to do for Suno what Limp Bizkit and Chuck D tried to do for Napster â position the company with users but against the majority of creators and rightsholders.
It seems like ancient history now, but within a month after Metallica sued Napster in April 2000, Limp Bizkit and Chuck D stood with the company against the band, Dr. Dre (who sued a few weeks later) and most of the music business. Limp Bizkit played a few weeks of Napster-sponsored free shows, and Bizkit frontman Fred Durst said the company offered fans a great way to sample albums before buying them. Around the same time, Chuck D wrote a New York Times op-ed supporting Napster and announced that he was working with the company on a contest. The companyâs subsequent bankruptcy filing contained a reference to a payment to Chuck D for âthe cost of speaking engagements and support,â according to Joseph Mennâs excellent All the Rave: The Rise and Fall of Shawn Fanningâs Napster.
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Then, and perhaps now, the idea was to position a startup backed by venture capitalists as being on the side of artists. Suno is âthe best tool of the future,â Timbaland has said. âIt allows you to get any idea in your imagination out of your head.â Suno has already positioned itself as a disruptor, arguing in its response to the major label lawsuit that âWhat the major record labels really donât want is competition.â Maybe. But the lawsuit is over Sunoâs alleged ingestion of copyrighted recordings in order to train its software.
This kind of maneuvering isnât so unusual. For decades, Silicon Valley has introduced innovations with a predictable strategy: Ask forgiveness instead of permission, then take political issues directly to users. This strategy, as much as the technology involved, allowed Uber and Airbnb to grow so big that it can be hard to remember that they are basically high-tech ways to get around local taxi and hotel regulations. Uber and Airbnb are essentially in the business of regulatory arbitrage â they face less regulation than their legacy-company competitors, so they often come out ahead. And they were able to stay in business at least partly because they very quickly grew too big to fail. No politician wants to be known for making it harder to book a car or a hotel.
Suno and other generative AI platforms are less problematic, because they would compete more fairly with other tools to make music. The only question is whether the company should compensate rightsholders â including, presumably, Timbaland himself. The lawsuit against Suno will get complicated â one of these AI cases could end up going to the Supreme Court. But creators who want to be compensated for the use of their work arenât against AI music tools any more than Metallica was against digital distribution â they want to get paid for the use of their work.
At least one creator will almost certainly make a lot of money from Suno: Timbaland. And although it might look bad for him to be on the other side of the issue from most musicians, this has been a reliable way to make money. One of the big winners of the Early Digital Music Age â the 1999 introduction of Napster to the 2011 U.S. launch of Spotify â was Alanis Morissette.
Yes, really.
When MP3.com sponsored one of her tours, in 1999, Morissette invested $217,355 into early-stage shares of the company, which â well, it was never entirely clear how it would actually make money, but that address was really hot at the time. She made more than a million dollars selling only some of the stock.
At the same time, itâs worth remembering how these moves look years later. From a 2024 perspective, it seems smart that Metallica and Dr. Dre sued Napster, because that companyâs demise paved the way for licensed, commercial streaming services. Cracker frontman David Lowery and Taylor Swift can also say they were on the right side of history when it comes to creatorsâ rights. In retrospect, Limp Bizkit and Chuck D seem a bit naive. Years from now, Timbaland, as talented as he is, may seem the same.
Grammy-winning producer Timbaland has taken on a new role as a strategic advisor to Suno, an AI music company that can generate full songs at the click of a button.
News of the deal comes four months after the three major music companies collectively sued Suno (and competitor Udio) for alleged infringement of their copyrighted sound recordings âat an almost unimaginable scale.â
According to a press release from Suno, Timbaland has been a âtop userâ of the platform for months, and this announcement formalizes his involvement with Suno. The partnership will be kicked off with Timbaland previewing his latest single âLove Againâ exclusively on Sunoâs platform.
Then, Suno users will be able to participate in a remix contest, which will include feedback and judging from Timbaland himself and over $100,000 in prizes for winning remixes. Timbaland will also release the top two remixes of âLove Againâ on streaming services, including Spotify, Apple Music and more.
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Additionally, as part of being a strategic advisor to Suno, Timbaland will assume an âactiveâ role in the âday-to-day product development and strategic creative directionâ of new generative AI tools, says the company in a press release.
Suno is one of the most advanced generative AI music companies on the market today. Using simple text prompts, users can generate voice, lyrics and instrumentals in seconds. On May 21, Suno announced that it had raised $125 million in funding across multiple funding rounds, including investments from including Lightspeed Venture Partners, Nat Friedman and Daniel Gross, Matrix and Founder Collective. Suno also said it had been working closely with a team of advisors, including 3LAU, Aaron Levie, Alexandr Wang, Amjad Masad, Andrej Karpathy, Aravind Srinivas, Brendan Iribe, Flosstradamus, Fred Ehrsam, Guillermo Rauch and Shane Mac.
Though many have marveled at its uncanny music-making capabilities, the music business establishment also feared that Suno might have been trained on copyrighted material without consent. (At the time, Suno declined to state what materials were in its training data, and whether or not it included copyrighted music).
Then, Billboard broke the news on June 20 that the major labels were weighing the idea of a lawsuit against Suno and Udio, alleging widespread copyright infringement of their sound recordings for the purposes of AI training. After the lawsuit was officially filed four days later, Suno and Udio then hired top law firm Latham & Watkins, and filed lengthy responses to fire back at the labels. Suno noted it was âno secretâ that the company had ingested âessentially all music files of reasonable quality that are accessible on the open Internetâ and that it was âfair useâ to use these files.
âWhen I heard what Suno was doing, I was immediately curious,â says Timbaland of the partnership. âAfter witnessing the potential, I knew I had to be a part of it. By combining forces, we have a unique opportunity to make A.I. work for the artist community and not the other way around. Weâre seizing that opportunity, and weâre going to open up the floodgates for generations of artists to flourish on this new frontier. Iâm excited and grateful to Suno for this opportunity.â
âItâs an honor to work with a legend like Timbaland,â says Mikey Shulman, CEO of Suno. âAt Suno, weâre really excited about exploring new ways for fans to engage with their favorite artists. With Timbalandâs guidance, weâre helping musicians create music at the speed of their ideasâwhether theyâre just starting out or already selling out stadiums. We couldnât be more excited for whatâs ahead!â
AI music firms Suno and Udio are firing back with their first responses to sweeping lawsuits filed by the major record labels, arguing that they were free to use copyrighted songs to train their models and claiming the music industry is abusing intellectual property to crush competition.
In legal filings on Thursday, the two firms admitted to using proprietary materials to create their artificial intelligence, with Suno saying it was âno secretâ that the company had ingested âessentially all music files of reasonable quality that are accessible on the open Internet.â
But both companies said that such use was clearly lawful under copyrightâs fair use doctrine, which allows for the reuse of existing materials to create new works.
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âWhat Udio has done â use existing sound recordings as data to mine and analyze for the purpose of identifying patterns in the sounds of various musical styles, all to enable people to make their own new creations â is a quintessential âfair use,ââ Udio wrote in its filing. âPlaintiffsâ contrary vision is fundamentally inconsistent with the law and its underlying values.â
The filings, lodged by the same law firm (Latham & Watkins) that reps both companies, go beyond the normal âanswerâ to a lawsuit â typically a sparse document that simply denies each claim. Instead, Suno and Udio went on offense, with extended introductions that attempt to frame the narrative of a looming legal battle that could take years to resolve.
In doing so, they took square aim at the major labels (Universal Music Group, Warner Music Group and Sony Music Entertainment) that filed the case in June â a group that they said âdominates the music industryâ and is now abusing copyright law to maintain that power.
âWhat the major record labels really donât want is competition,â Suno wrote in its filing. âWhere Suno sees musicians, teachers and everyday people using a new tool to create original music, the labels see a threat to their market share.â
Suno and Udio have quickly become two of the most important players in the emerging field of AI-generated music. Udio has already produced what could be considered an AI-generated hit with âBBL Drizzy,â a parody track popularized with a remix by super-producer Metro Boomin and later sampled by Drake himself. And as of May, Suno had raised a total of $125 million in funding to create what Rolling Stone called a âChatGPT for music.â
In June, the major labels sued both companies, claiming they had infringed copyrighted music on an âunimaginable scaleâ to train their models. The lawsuits accused the two firms of âtrampling the rights of copyright ownersâ as part of a âmad dash to become the dominant AI music generation service.â
The case followed similar lawsuits filed by book authors, visual artists, newspaper publishers and other creative industries, which collectively pose what could be a trillion-dollar legal question: Is it infringement to use vast troves of proprietary works to build an AI model that spits out new creations? Or is it just a form of legal fair use, transforming all those old works into something entirely new?
In Thursdayâs response, Suno and Udio argued unequivocally that it was the latter. They likened their machines to a âhuman musicianâ who had played earlier songs to learn the âbuilding blocks of musicâ â and then used what they had learned to create entirely new works in existing styles.
âThose genres and styles â the recognizable sounds of opera, or jazz, or rap music â are not something that anyone owns,â Suno wrote in its filing. âOur intellectual property laws have always been carefully calibrated to avoid allowing anyone to monopolize a form of artistic expression, whether a sonnet or a pop song.â
The lawsuit from the labels, Suno and Udio say, are thus an abuse of copyright law, aimed at claiming improper ownership over âentire genres of music.â They called the litigation an âattempt to misuse IP rights to shield incumbents from competition and reduce the universe of people who are equipped to create new expression.â
Both filings hint at how Suno and Udio will make their fair use arguments. The two companies say the cases will not really turn on the âinputsâ â the millions of songs used to train the models â but rather on the âoutputs,â or the new songs that are created. While the labels are claiming that the inputs were illegally copied, the AI firms say the music companies âexplicitly disavowâ that any output was a copycat.
âThat concession will ultimately prove fatal to plaintiffsâ claims,â Suno wrote in its filing. âIt is fair use under copyright law to make a copy of a protected work as part of a back-end technological process,invisible to the public, in the service of creating an ultimately non-infringing new product.â
A spokeswoman and an attorney for the labels did not immediately return a request for comment.
The lawsuits filed by the major labels against the AI companies Suno and Udio could be the most important cases to the music business since the Supreme Court Grokster decision, as I explained in last weekâs Follow the Money column. The outcomes are hard to predict, however, because the central issue will be âfair use,â a U.S. legal doctrine shaped by judicial decisions that involves famously â sometimes notoriously â nuanced determinations about art and appropriation. And although most creators focus more on issues around generative AI âoutputsâ â music theyâll have to compete with or songs that might sound similar to theirs â these cases involve the legality of copying music for the purposes of training AI.
Neither Suno nor Udio has said how theyâre trained their AI programs, but both have essentially said that copying music in order to do so would qualify as fair use. Determining that could touch on the development of Google Books, the compatibility of the Android operating system, and even a Supreme Court case that involves Prince, Andy Warhol and Vanity Fair. Itâs the kind of fair use case that once inspired a judge to call copyright âthe metaphysics of the law.â So letâs get metaphysical!Â
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Fair use essentially provides exceptions to copyright, usually for the purpose of free expression, allowing for quotation (as in book or film reviews) and parody (to comment on art), among other things. (The iconic example in music is the Supreme Court case over 2 Live Crewâs parody of Roy Orbisonâs âOh, Pretty Woman.â) These determinations involve a four-factor test that weighs âthe purpose and character of the useâ; âthe nature of the copyrighted workâ; how much and how important a part of the work is used; and the effect of the use upon the potential market value of the copyrighted work. Over the last decade or so, though, the concept of âtransformative use,â derived from the first factor, expanded in a way that allowed the development of Google Books (the copying of books to create a database and excerpts) and the use of some Oracle API code in Googleâs Android system â which could arguably be said to go beyond the origins of the concept.
Could copying music for the purposes of machine learning qualify as well? Â
In a paper on the topic, âFair Use in the U.S. Redux: Reformed or Still Deformed,â the influential Columbia Law School professor Jane Ginsburg suggests that the influence of the transformative use argument might have reached its peak. (I am oversimplifying a very smart paper, and if you are interested in this topic, you should read it.) Â
The Supreme Court decision on the Google-Oracle case involved part of a computer program, far from the creative âcoreâ of copyright, and music recordings would presumably be judged differently. The Supreme Court also made a very different decision last year in a case that pitted the Andy Warhol Foundation for the Visual Arts against prominent rock photographer Lynn Goldsmith. The case involved an Andy Warhol silkscreen of Prince, based on a Goldsmith photograph that the magazine Vanity Fair had licensed for Warhol to use. Warhol used the photo for an entire series â which Goldsmith only found out about when the magazine used the silkscreen image again for a commemorative issue after Prince died.
On the surface, this seemed to cast the Supreme Court Justices as modern art critics, in a position to judge all appropriation art as infringing. But the case wasnât about whether Warholâs silkscreen inherently infringed Goldsmithâs copyright but about whether it infringed it for licensed use by a magazine, in a way where it could compete with the original photo. There was a limit to transformative use, after all. âThe same copying,â the court decided, âmay be fair when used for one purpose but not another.â Â
So it might constitute fair use for Google to copy entire books for the purpose of creating a searchable database about those books with excerpts from them, as it did for Google Books â but not necessarily for Suno or Udio to copy terabytes of recordings to spur the creation of new works to compete with them, especially if it results in similar works. In the first case, itâs hard to find real economic harm â there will never be much of a market for licensing book databases â but thereâs already a nascent market for licensing music to train AI programs. And, unlike Google Books, the AI programs are designed to make music to compete with the recordings used to train them. Obviously, licensing music to train an AI program is what we might call a secondary use â but so is turning a book into a film, and no one doubts they need permission for that. Â
All of this might seem like I think the major labels will win their cases, but thatâs a tough call â the truth is that I just donât think theyâll lose. And thereâs a lot of space between victory and defeat here. If one of these cases ends up going to the Supreme Court â and if one of these doesnât, another case about AI training surely will within the next few years â the decision might be more limited than either side is looking for, since the court has tended to step lightly around technology issues. Â
Itâs also possible that the decision could depend on whether the outputs that result from all of this training are similar enough to copyrighted works to qualify, or plausibly qualify, as infringing. Both label lawsuits are full of such examples, presumably because that could make a difference. These cases are about the legality of AI inputs, but a fair use determination on that issue could easily involve whether those inputs lead to infringing output. Â
In the end, Ginsburg suggests, âsystem designers may need to disable features that would allow users to create recognizable copies.â Except that â letâs face it â isnât that really part of the fun? Sure, AI music creation might eventually grow to maturity as some kind of art form â it already has enormous practical value for songwriters â but for ordinary consumers itâs still hard to beat Frank Sinatra singing Lil Jonâs âGet Low.â Of course, that could put a significant burden on AI companies â with severe consequences for crossing a line that wonât always be obvious. It might be easier to just license the content they need. The next questions, which will be the subject of future columns, involve exactly what they need to license and how they might do that, since it wonât be easy to get all the rights they need â or in some cases even agree on who controls them.Â
For a little over a year, since the Fake Drake track bum rushed the music business, executives have been debating whether generative artificial intelligence is a threat or an opportunity. The answer is both â creators are already using AI tools and they already compete with AI music. But the future will be shaped by the lawsuits the major labels filed two weeks ago against Suno and Udio for copyright infringement for allegedly using the labelsâ music to train their AI programs. Â
Like most debates about technology, this one will be resolved in real time â Internet start-ups tend to believe that itâs easier to ask forgiveness than to get permission. Although neither Suno nor Udio has said that it trained its program on major label music, the label lawsuits point out that both companies have said that using copyrighted works in this manner would be âfair use,â a defense for otherwise infringing conduct. Theyâre not admitting they did it â just defending themselves in case they did.Â
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Whether this qualifies as fair use is well over a million-dollar question, since statutory damages can reach $150,000 per work infringed. The stakes are even higher than that, though. If ingesting copyrighted works on a mass scale to train an AI is allowed under fair use, the music business could have a hard time limiting, controlling, or making money on this technology. Â
If itâs not, the labels will gain at least some control over these companies, and perhaps the entire nascent sector. There are other ways to limit AI, from legislation to likeness rights, but only copyright law has the kind of statutory damages that offer real leverage. Â
Although neither Suno nor Udio has issued a legal response, Suno CEO Mikey Shulman released a statement that said the labels had âreverted to their old lawyer-led playbook.â The obvious reference is Napster, since most people believe that in the late â90s the music business saw the future and decided to sue it. Â
Thatâs not exactly what happened. The major labels knew that the future was digital â they lobbied for the 1995 Digital Performance Right in Sound Recordings Act, which ensured that streaming services had to pay to play recordings in the U.S., even though traditional radio stations donât. They just didnât want peer-to-peer services to distribute their content for nothing â or to have to negotiate with them while they were doing so. In July 2000, three months after the major labels sued Napster, leading executives sat down with the company to try to figure out a deal, but they couldnât agree; the labels negotiated as though Napster needed a license and Napster negotiated as though it didnât. In the end, after a decade of lawsuits and lost business, creators and rightsholders established their right to be paid for online distribution and the music sector began recovering.Â
And here we are again: History isnât repeating itself, but it seems to be rhyming. If the labels negotiated with Suno and Udio now, how much would those companies be willing to pay for rights they may or may not need? Itâs easy to make fun of either side, but itâs hard to know how much to charge for rights, or pay for them, before you even know if you need them. Â
These lawsuits arenât about whether creators and rightsholders should embrace or avoid AI â itâs coming, for good and ill. The question, in modern terminology, is whether the embrace will be consensual, and under what terms. Most creators and rightsholders want to do business with AI companies, as long as that actually means business â negotiating deals in something that resembles a free market.
What theyâre afraid of is having technology companies build empires on their work without paying to use it â especially to create a product that creates music that will compete with them. That depends on the outcome of these lawsuits. Because if you donât have the right to say no, you canât really get to a fair yes. Â
A couple of weeks ago, at a culture conference organized by the German recorded music trade organization, I heard German Justice Minister Marco Buschmann put this as well as anyone Iâve ever heard. âThe moment people have the opportunity to say âNoâ and to enforce this âNo,â they gain a legal negotiating position,â he said in a speech. (Buschmann also makes electronic music, as it happens.) In the European Union, rightsholders can opt out of AI ingestion, which is far from ideal but better than nothing. Â
What happens in the U.S. â which often shapes the global media business â might hinge on the results of these lawsuits. There are two dozen copyright lawsuits about AI, but these look to be among the most important. Some of the others are mired in jurisdictional maneuvering, while others simply arenât as strong: a lawsuit filed by The New York Times could involve a different fair use determination if the ingested articles are used as sources but not to generate new work. These cases are straightforward, but they wonât move fast: Itâs easy to imagine the issue going to the Supreme Court.Â
Despite the high stakes â and what will almost certainly be a rap beefâs worth of sniping back and forth â determinations of fair use involve a considerable amount of nuance. Fair use makes it legal in some cases to excerpt or even use all of a copyrighted work without permission, usually for the purposes of commentary. (An iconic Supreme Court case involved 2 Live Crewâs parody of the Roy Orbison song âOh, Pretty Woman.â) This is far from that, but Suno and Udio will presumably argue that their actions qualify as âtransformative useâ in the way the Google Books project did. Next week Iâll write about the arguments we can expect to hear, the decisions we could see, and what could happen while we wait for them.Â
On Monday (June 24), the three major music companies filed lawsuits against artificial intelligence (AI) music startups Suno and Udio, alleging the widespread infringement of copyrighted sound recordings âat an almost unimaginable scale.â Spearheaded by the RIAA, the two similar lawsuits arrived four days after Billboard first reported that the labels were seriously considering legal action against the two startups.
Filed by plaintiffs Sony Music, Warner Music Group and Universal Music Group, the lawsuits allege that Suno and Udio have unlawfully copied the labelsâ sound recordings to train their AI models to generate music that could âsaturate the market with machine-generated content that will directly compete with, cheapen and ultimately drown out the genuine sound recordings on which [the services were] built.â
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Hours later, Suno CEO Mikey Shulman responded to the lawsuit with a statement sent to Billboard. âSunoâs mission is to make it possible for everyone to make music,â he said. âOur technology is transformative; it is designed to generate completely new outputs, not to memorize and regurgitate pre-existing content. That is why we donât allow user prompts that reference specific artists. We would have been happy to explain this to the corporate record labels that filed this lawsuit (and in fact, we tried to do so), but instead of entertaining a good faith discussion, theyâve reverted to their old lawyer-led playbook. Suno is built for new music, new uses, and new musicians. We prize originality.â
An RIAA spokesperson fired back at Shulmanâs comment, saying: âSuno continues to dodge the basic question: what sound recordings have they illegally copied? In an apparent attempt to deceive working artists, rightsholders, and the media about its technology, Suno refuses to address the fact that its service has literally been caught on tape â as part of the evidence in this case â doing what Mr. Shulman says his company doesnât do: memorizing and regurgitating the art made by humans. Winners of the streaming era worked cooperatively with artists and rightsholders to properly license music. The losers did exactly what Suno and Udio are doing now.â
Udio responded on Tuesday (June 25) with a lengthy statement posted to the companyâs website. You can read it in full below.
In the past two years, AI has become a powerful tool for creative expression across many media â from text to images to film, and now music. At Udio, our mission is to empower artists of all kinds to create extraordinary music. In our young life as a company, we have sat in the studios of some of the worldâs greatest musicians, workshopped lyrics with up-and-coming songwriters, and watched as millions of users created extraordinary new music, ranging from the funny to the profound.
We have heard from a talented musician who, after losing the ability to use his hands, is now making music again. Producers have sampled AI-generated tracks to create hit songs, like âBBL Drizzyâ, and everyday music-lovers have used the technology to express the gamut of human emotions from love to sorrow to joy. Groundbreaking technologies entail change and uncertainty. Let us offer some insight into how our technology works.
Generative AI models, including our music model, learn from examples. Just as students listen to music and study scores, our model has âlistenedâ to and learned from a large collection of recorded music.
The goal of model training is to develop an understanding of musical ideas â the basic building blocks of musical expression that are owned by no one. Our system is explicitly designed to create music reflecting new musical ideas. We are completely uninterested in reproducing content in our training set, and in fact, have implemented and continue to refine state-of-the-art filters to ensure our model does not reproduce copyrighted works or artistsâ voices.
We stand behind our technology and believe that generative AI will become a mainstay of modern society.
Virtually every new technological development in music has initially been greeted with apprehension, but has ultimately proven to be a boon for artists, record companies, music publishers, technologists, and the public at large. Synthesizers, drum machines, digital recording technology, and the sound recording itself are all examples of once-controversial music creation tools that were feared in their early days. Yet each of these innovations ultimately expanded music as an art and as a business, leading to entirely new genres of music and billions of dollars in the pockets of artists, songwriters and the record labels and music publishers who profit from their creations.
We know that many musicians â especially the next generation â are eager to use AI in their creative workflows. In the near future, artists will compose music alongside their fans, amateur musicians will create entirely new musical genres, and talented creators â regardless of means â will be able to scale the heights of the music industry.
The future of music will see more creative expression than ever before. Let us use this watershed moment in technology to expand the circle of creators, empower artists, and celebrate human creativity.
The three major music companies filed lawsuits against AI music companies Suno and Udio on Monday, alleging the widespread infringement of copyrighted sound recordings âat an almost unimaginable scale.â The lawsuits, spearheaded by the Recording Industry Association of America (RIAA), arrive four days after Billboard first reported the news the labels were seriously considering legal action against the two start-ups.
Filed by plaintiffs that include Sony Music, Warner Music Group and Universal Music Group, the lawsuits allege that Suno and Udio have unlawfully copied the labelsâ sound recordings to train their AI models to generate music that could âsaturate the market with machine-generated content that will directly compete with, cheapen and ultimately drown out the genuine sound recordings on which [the services were] built.â
âBuilding and operating [these services] requires at the outset copying and ingesting massive amounts of data to âtrainâ a software âmodelâ to generate outputs,â the lawyers for the major labels explain. âFor [these services], this process involved copying decades worth of the worldâs most popular sound recordings and then ingesting those copies [to] generate outputs that imitate the qualities of genuine human sound recordings.â
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âSince the day it launched, Udio has flouted the rights of copyright owners in the music industry as part of a mad dash to become the dominant AI music generation service,â the lawsuit against Udio reads. âNeither Udio, nor any other generative AI company, can be allowed to advance toward this goal by trampling the rights of copyright owners.â
The lawsuit is seeking both an injunction to bar the companies from continuing to train on the copyrighted songs, as well as damages from the infringements that have already taken place. Neither Suno nor Udio immediately returned requests for comment on Monday.
Suno and Udio have quickly become two of the most advanced and important players in the emerging field of generative AI music. While many competitors only create instrumentals or lyrics or vocals, Suno and Udio can generate all three in the click of a button with shocking precision. Udio has already produced what could be considered the first AI-generated hit song with the Drake diss track âBBL Drizzy,â which was generated on the platform by comedian King Willonius and popularized by a Metro Boomin remix. Suno has also achieved early success since its December 2023 launch, raising $125 million in funding from investors like Lightspeed Venture Partners, Matrix, Nat Friedman and Daniel Gross.
Both companies have declined to comment on whether or not unlicensed copyrights were part of their datasets. In a previous interview with Billboard, Udio co-founder David Ding said simply that the company trained on âgood music.â However, in a series of articles for Music Business Worldwide, founder of AI music safety nonprofit Fairly Trained, Ed Newton-Rex, found that he was able to generate music from Suno and Udio that âbears a striking resemblance to copyrighted music. This is true across melody, chords, style and lyrics,â he wrote.
The complaints against the two companies also make the case that copyrighted material was used to train these models. Some of the circumstantial evidence cited in the lawsuits include generated songs by Suno and Udio that sound just like the voices of Bruce Springsteen, Lin-Manuel Miranda, Michael Jackson and ABBA; outputs that parrot the producer tags of Cash Money AP and Jason Derulo; and outputs that sound nearly identical to Mariah Careyâs âAll I Want For Christmas Is You,â The Beach Boysâ âI Get Around,â ABBAâs âDancing Queen,â The Temptationsâ âMy Girl,â Green Dayâs âAmerican Idiot,â and more.
In a recent Rolling Stone profile of Suno, investor Antonio Rodriguez admitted that the start-up does not have licenses for whatever music it has trained on but added that it was not a concern to him. Knowing that labels and publishers could sue was just âthe risk we had to underwrite when we invested in the company, because weâre the fat wallet that will get sued right behind these guys⌠Honestly, if we had deals with labels when this company got started, I probably wouldnât have invested in it. I think that they needed to make this product without the constraints.â
Many AI companies argue that training is protected by copyrightâs fair use doctrine â an important rule that allows people to reuse protected works without breaking the law. Though fair use has historically allowed for things like news reporting and parody, AI firms say it applies equally to the âintermediateâ use of millions of works to build a machine that spits out entirely new creations.
Anticipating that defense from Suno and Udio, the lawyers for the major labels argue that â[Suno and Udio] cannot avoid liability for [their] willful copyright infringement by claiming fair use. The doctrine of fair use promotes human expression by permitting the unlicensed use of copyrighted works in certain, limited circumstances, but [the services] offe[r] imitative machine-generated musicânot human creativity or expression.â
News of the complaints filed against Suno and Udio follow up a previous lawsuit that also concerned the use of copyrighted materials to train models without a license. Filed by UMG, Concord and ABKCO in October against Anthropic, a major AI company, that case focused more specifically on copied lyrics.
In a statement about the lawsuits, RIAA CEO and chairman Mitch Glazier says, âThe music community has embraced AI and we are already partnering and collaborating with responsible developers to build sustainable AI tools centered on human creativity that put artists and songwriters in charge. But we can only succeed if developers are willing to work together with us. Unlicensed services like Suno and Udio that claim itâs âfairâ to copy an artistâs lifeâs work and exploit it for their own profit without consent or pay set back the promise of genuinely innovative AI for us all.â
RIAA Chief Legal Officer Ken Doroshow adds, âThese are straightforward cases of copyright infringement involving unlicensed copying of sound recordings on a massive scale. Suno and Udio are attempting to hide the full scope of their infringement rather than putting their services on a sound and lawful footing. These lawsuits are necessary to reinforce the most basic rules of the road for the responsible, ethical, and lawful development of generative AI systems and to bring Sunoâs and Udioâs blatant infringement to an end.â
The three major music companies are weighing a lawsuit against AI startups Suno and Udio for allegedly training on copyrighted sound recordings, according to multiple sources.
The potential lawsuit, which would include Universal Music Group, Warner Music Group and Sony Music, would target a pair of companies that have quickly become two of the most important players in the emerging field of generative AI music. While many of its competitors focus on generating either music or lyrics or vocals, Suno and Udio both allow users to generate all three in the click of a button. Two sources said the lawsuit could come as soon as next week. Reps for the three majors, as well as Suno and Udio, did not respond to requests for comment.
Music companies, including UMG, have already filed a lawsuit against Anthropic, another major AI firm, over the use of copyrighted materials to train models. But that case dealt only with lyrics, which in many ways are legally similar to written subject matter. The new suit would deal with music and sound itself.Â
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Just a few months from its launch, Udio has already produced what could be considered an AI-generated hit song with âBBL Drizzy,â a parody track created by comedian King Willonius and popularized via a remix by super producer Metro Boomin. Later, the song reached new heights when it was sampled in Sexyy Red and Drakeâs song âU My Everything,â becoming the first major example of sampling an AI-generated song. Â
Suno has also achieved early success since its launch in December 2023. In May, the company announced via a blog post that it had raised a total of $125 million in funding from a group of notable investors, including Lightspeed Venture Partners and Nat Friedman and Daniel Gross.Â
Both companies, however, have drawn criticism from many members of the music business who believe that the models train on vast swathes of copyrighted material, including hit songs, without consent, compensation or credit to rights holders. Representatives for Suno and Udio have previously declined to comment on whether or not they train on protected copyrights, with Udioâs co-founders telling Billboard they simply train on âgood music.âÂ
In a recent Rolling Stone story about Suno, investor Antonio Rodriguez admitted that Suno does not have licenses for whatever music it has trained on, but he said that was not a concern to him, adding that this lack of such licenses is âthe risk we had to underwrite when we invested in the company, because weâre the fat wallet that will get sued right behind these guys⌠Honestly, if we had deals with labels when this company got started, I probably wouldnât have invested in it. I think that they needed to make this product without the constraints.âÂ
In a series of articles for Music Business Worldwide, founder of AI safety non-profit Fairly Trained, Ed Newton-Rex, found that he was able to generate music from Suno and Udio that âbears a striking resemblance to copyrighted music. This is true across melody, chords, style and lyrics,â he wrote. Both companies, however, bar users from prompting the models to copy artistsâ styles by typing out sentiments like âa rock song in the style of Radioheadâ or from using specific artistsâ voices.Â
The case, if it is filed, would hinge on whether the use of unlicensed materials to train AI models amounts to copyright infringement â something of an existential question for the booming sector, since depriving AI models of new inputs could limit their abilities. Content owners in many sectors, including book authors, comedians and visual artists, have all filed similar lawsuits over training.Â
Many AI companies argue that such training is protected by copyrightâs fair use doctrine â an important rule that allows people to reuse protected works without breaking the law. Though fair use has historically allowed for things like news reporting and parody, AI firms say it applies equally to the âintermediateâ use of millions of works to build a machine that spits out entirely new creations. That argument will likely be the central question in any lawsuit over AI training.Â
Some AI companies have taken what is often called a more âethicalâ approach to AI training by working directly with companies and rights holders to license their copyrights or form official partnerships instead.
So far, the majors have embraced partnering with AI companies in this way. Already, UMG and WMG have worked with YouTube for its AI voice experiment DreamTrack; Sony has partnered with Vermillio on a remix project for The Orb and David Gilmour; WMG has worked with Edith Piafâs estate to recreate her voice using AI for an upcoming biopic; UMG launched an AI music incubator with YouTube Music; and most recently, UMG has teamed up with SoundLabs to let their artists create their own AI voice models for personal use in the studio.
Suno, a generative AI music company, has raised $125 million in its latest funding round, according to a post on the companyâs blog. The AI music firm, which is one of the rare start-ups that can generate voice, lyrics and instrumentals together, says it wants to usher in a âfuture where anyone can make music.â
Suno allows users to create full songs from simple text prompts. While most of its technology is proprietary, the company does lean on OpenAIâs ChatGPT for lyric and title generation. Free users can generate up to 10 songs per month, but with its Pro plan ($8 per month) and Premier plan ($24 per month), a user can generate up to 500 songs or 2,000 songs, respectively, on a monthly basis and are given âgeneral commercial terms.â
The company names some of its investors in the announcement, including Lightspeed Venture Partners, Nat Friedman and Daniel Gross, Matrix and Founder Collective. Suno also says it has been working closely with a team of advisors, including 3LAU, Aaron Levie, Alexandr Wang, Amjad Masad, Andrej Karpathy, Aravind Srinivas, Brendan Iribe, Flosstradamus, Fred Ehrsam, Guillermo Rauch and Shane Mac.
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Suno is commonly believed to be one of the most advanced AI music models on the market today, but in past interviews, the company has not disclosed what materials are included in its training data. Expert Ed Newton-Rex, founder of Fairly Trained and former vp of audio for Stability AI, warned in a recent piece for Music Business Worldwide that it seems likely that Suno was trained on copyrighted material without consent given the way he has been able to generate music using the model that closely resembles copyrights.
In a recent Rolling Stone story about the company, investor Antonio Rodriguez mentioned that Sunoâs lack of licenses with music companies is not a concern to him, saying that this lack of such licenses is âthe risk we had to underwrite when we invested in the company, because weâre the fat wallet that will get sued right behind these guys.⌠Honestly, if we had deals with labels when this company got started, I probably wouldnât have invested in it. I think that they needed to make this product without the constraints.â
Suno representatives have previously said, however, that their model will not let anyone create music by using prompts like âballad in the style of Radioheadâ or employ the voices of specific artists.
Many AI companies, including OpenAI, argue that training on copyrights without licenses in place is âfair use,â but the legality of this practice is still being determined in the United States. The New York Times has launched a lawsuit against OpenAI for training on its copyrighted archives without consent, credit or compensation, and Universal Music Group, Concord, ABKCO and other music publishers have filed a lawsuit against Anthropic for using its lyrics to train the companyâs large language model.
In the Suno blog post, CEO Mikey Shulman wrote: âToday, we are excited to announce weâve raised $125 million to build a future of music where technology amplifies, rather than replaces, our most precious resource: human creativity.â
âWe released our first product eight months ago, enabling anyone to make a song with just a simple idea,â he continued. âItâs very early days, but 10 million people have already made music using Suno. While GRAMMY-winning artists use Suno, our core user base consists of everyday people making music â often for the first time.
âWeâve seen producers crate digging, friends exchanging memes and streamers co-creating songs with stadium-sized audiences. Weâve helped an artist who lost his voice bring his lyrics back to life again after decades on the sidelines. Weâve seen teachers ignite their studentsâ imaginations by transforming lessons into lyrics and stories into songs. Just this past weekend, we received heartwarming stories of mothers moved to tears by songs their loved ones created for them with a little help from Suno.â
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