Can You Be Sued for Creating AI-Generated Music? Let’s Break It Down

Hey everyone! Let’s talk about something I’ve been asked about a lot lately: Can you actually get sued for creating and publishing AI-generated music on platforms like Suno or Udio? 

It’s a hot topic, and while I’m no lawyer (and I’ll remind you of that multiple times here), I’ve done some digging, pulled together insights, and thrown in a few of my own thoughts for good measure.

Why Are We Even Talking About This?

A subscriber—let’s call him Robert because that’s his name—brought this up after watching a YouTube video by Top Music Attorney. The video went into some legal nuances about Suno’s terms of service. Robert was worried that using AI platforms to create music might land creators like you and me in hot water. I found the topic so interesting that I wanted to unpack it here.

Now, before we get into the nitty-gritty, let me reiterate: I’m not an attorney. The closest I ever got was almost finishing a criminal justice degree 24 years ago. So take this as food for thought, not legal advice.

Suno’s Terms of Service: 5 Key Takeaways

After watching the video and reading up, here are five main points I think are worth talking about: And hey... If you want to read through them. Be my guest

Suno's Terms

1. Broad Licensing Terms

Suno’s terms of service give them a lot of wiggle room. If you’re using the free version, you don’t actually own the songs you create. If you’re on the paid plan, you technically own your creations—but here’s the catch: Suno still reserves the right to use your music however they want. They can publish, sublet, or repurpose your songs without asking. So, yes, you “own” them, but you’re not exactly the sole owner.

2. Ownership Depends on the Plan This ties into the first point: free users are out of luck when it comes to ownership. Paid users? You’ve got some rights, but with the caveats mentioned above. Think of it like renting a house where the landlord still has a key.

3. Copyright Challenges

Suno doesn’t guarantee that your AI-generated music won’t infringe on someone else’s copyright. This is where things get murky. If the song your AI generates happens to sound suspiciously like an existing track, you’re on your own. Suno isn’t stepping in to defend you. If challenged on this, who knows? It is like they are walking around with a t-shirt that says "I'm not responsible for anything I do" and thinking that protects them.

4. Account Termination Risks

Here’s a biggie: if you knowingly violate copyright laws—say, by trying to recreate Metallica’s greatest hits—you can kiss your Suno account goodbye. They’re actively banning accounts for this kind of behavior, and they’re not offering appeals. My advice? Don’t poke the bear.

5. Public Identification as an AI Creator

Finally, Suno reserves the right to publicly identify you as the creator of any music you generate on their platform. This could be a pro or a con, depending on how you feel about having your name attached to AI-generated songs.

Is This Another Napster Moment?

As someone old enough to remember Napster, I couldn’t help but draw some parallels. Back in the early 2000s, Napster let people share exact copies of copyrighted songs for free. The music industry came down hard, suing users to make an example of them. It was messy, but it was also clear-cut: you were either sharing Metallica’s “Ride the Lightning” or you weren’t.

With AI-generated music, the situation is fuzzier. Let’s say your Suno song sounds 12% like a James Hetfield riff. Can a record label sue over that 12%? It seems unlikely, but stranger things have happened. Copyright law is complicated, and the music industry has a history of playing hardball when it feels threatened.

The Bottom Feeders of Copyright Law

One thing I’ve noticed over the years is how copyright laws sometimes get weaponized. I’ve got a buddy who runs a blog about classic cars. He once got hit with a $5,000 demand for using an image he found on Google—an image that wasn’t even making him any money! After some back-and-forth, he managed to negotiate it down to $2,000, but it was a painful lesson. The point is, copyright law isn’t just about protecting creators; it’s also a playground for bottom-feeding attorneys.

Could the music industry take a similar approach with AI music? If they figure out a way to make an example of someone, they might try. But I think we’re still a long way from that being a widespread issue.

My Take

Here’s where I stand: unless you’re blatantly trying to recreate someone else’s song, you’re probably safe. Platforms like Suno and Udio are already taking steps to prevent users from generating songs that are too similar to existing tracks. Plus, recent legal wins by OpenAI suggest that courts might lean toward protecting creators who use generative tools.

That said, the music industry is unpredictable. If they feel threatened enough, they might find a way to push back. For now, I think the risk of getting sued is incredibly low—as long as you’re playing by the rules.

Let’s Keep the Conversation Going

I’d love to hear what you think about all this. Do you see parallels with Napster? Are you worried about the legal risks of creating AI music? Drop your thoughts in the comments, and let’s chat.

And as always, thanks for reading. If you found this helpful, share it with a friend, and don’t forget to subscribe to the channel for more AI music discussions. Catch you next time!