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January 21, 2025
The rapid development of Artificial Intelligence (AI) has fundamentally changed the music industry in recent years. AI-powered tools make it possible to generate music at the push of a button, opening up new creative possibilities and changing the way music is produced and consumed. However, this development also raises complex legal questions, particularly with regard to copyright. A current example illustrates the challenges: The Society for Musical Performing and Mechanical Reproduction Rights (GEMA) has filed a lawsuit against the AI music generator Suno.
At the heart of the legal dispute is the question of whether and to what extent AI systems may use copyrighted musical works for training. GEMA argues that Suno trained its generator with copyrighted works without obtaining the necessary licenses. Specifically, it concerns the recognition of melodies, harmonies, and rhythms of well-known titles in the music pieces generated by Suno. GEMA sees this as a violation of the copyrights of its members and demands license fees for the use of the music.
For GEMA, it is not only the financial compensation of its members that is paramount, but also the protection of creative work. The collecting society fears that AI-generated music could displace human-created music and endanger the economic livelihood of artists and composers. The lawsuit against Suno is part of a larger strategy by GEMA aimed at clarifying the legal framework for AI-generated music. Last year, GEMA already filed a lawsuit against OpenAI, the developer of ChatGPT, albeit in connection with the use of texts.
The legal situation is complex and not yet fully resolved. A central question is whether the exception for Text and Data Mining (TDM), which was incorporated into European and German copyright law in 2019, also applies to the training of AI systems with musical works. This regulation allows the use of copyrighted works for research purposes without the need to obtain a license. Whether this exception also applies to commercial purposes, such as the development of AI music generators, is disputed and the subject of the current legal dispute.
The discussion about copyright in the context of AI-generated music is being conducted internationally. In the USA, too, the industry is wrestling with a solution that promotes both the interests of copyright holders and innovation in the field of AI. It remains to be seen how the courts will decide in the pending proceedings and what impact these decisions will have on the future of AI music generators. However, it is clear that clear case law is urgently needed to create legal certainty for all parties involved and to enable the further development of the AI music industry.
Developments in the field of AI-generated music will continue to change the music industry. Clarifying copyright issues is crucial to creating a fair and sustainable ecosystem for artists, developers, and users. The outcome of the lawsuit against Suno and other similar proceedings will be groundbreaking and will significantly influence the future of music in the digital age.
