You gotta hear the song I made on Suno in minutes bemoaning the failure of copyright to protect AI generated music – called appropriately, AI Blues:

https://suno.com/song/71b4a4cd-d7cb-4b6b-bebd-28590c967ef4?sh=HkSXEAqAWktTmf7n

In the time it takes to read this sentence, a user on Suno, Udio, or other AI platforms can generate a fully produced track simply by entering a few descriptive prompts.

These tools can create eerily human-sounding vocals, lush instrumentals, and entire songs in seconds. But while the melodies may sound like hits, they share one critical trait: under

The Legal Baseline: Human Authorship Required

Under U.S. copyright law, protection is granted only to original works of authorship that are created by a human being. That’s not just tradition — it’s legal precedent. In 2022, the U.S. Copyright Office rejected a copyright registration for a piece of visual art generated solely by an AI named Creativity Machine. And just this year, the Copyright Office reaffirmed in its March 2023 guidance:

“When an AI technology determines the expressive elements of its output, the generated material is not the product of human authorship and is not registrable.”

This creates a clear rule: if a work is fully generated by AI without sufficient human creativity involved, it’s not eligible for copyright protection.

To explore this further, see:
👉 Copyright Showdown: Risks of AI-Generated Music

Implications for the Music Industry

This poses massive implications — both for independent creators and major music industry stakeholders:

1. No Ownership, No Rights

Creators who rely solely on AI tools to generate music may find they own no legal rights to their creations. Without copyright protection, these works:

• Can be copied or distributed by anyone;
• Cannot be licensed for royalties or synchronization;
• Cannot be the basis of infringement claims.

This strips much of the commercial value from AI-generated music unless additional legal protections or business strategies are put in place.

Learn more about the challenges for creators in:
🎙️ What If You Don’t Own the AI Music You Made?

2. Traditional Music Rights Are Still Enforceable

While AI music may not be protected, human-created music still is. That means:

• If AI tools are trained on copyrighted music without proper licenses, rightsholders can sue — as we’re now seeing in litigation involving companies like Suno and Udio.
• If AI-generated outputs substantially resemble existing songs, even coincidentally, it could raise “substantial similarity” infringement claims.

The AI tools may not create copyrightable outputs, but the input data (i.e., real music used for training) remains under lock and key.

📚 Read more on this risk in:
🎵 Tennessee Paves the Way to Protect Artists from AI

3. New Legal Frontiers for Performers & Brands

Even if a song isn’t copyrightable, it could still infringe on other rights — like:

• Publicity rights, if AI mimics a famous singer’s voice;
• Trademark law, if AI music becomes part of a brand identity.

In other words, AI music could be non-copyrightable but still create legal risk.

🎧 Bottom Line

If you’re using AI to make music:

• Don’t assume you own the rights;
• Be cautious about using outputs commercially;
• Understand that what you create may be legally free to use — for you, and everyone else.

💬 Need help understanding the IP risks of AI music in your business? Reach out to an attorney at GalkinLaw.com.