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Music Labels Join Lawsuit Frenzy Against Artificial Intelligence

By Melissa Bender, Esq. | Reviewed by Joseph Fawbush, Esq. | Last updated on

Artificial intelligence has been all over the news recently. Its use seems to be increasing in all aspects of life. But, so far AI innovations have come with a host of legal problems. This includes how AI programs are "trained" (using copyrighted material) and programs that make "new" songs that are basically retreads of famous songs and artists. Now, major music labels in the United States have joined in the long line of people suing AI companies over copyright infringement. They recently brought two lawsuits in federal court.

The cases are currently pending in the United States District Court for Massachusetts (versus Suno, Inc.) and the United States District Court for the Southern District of New York (versus Udio.com). Suno and Udio are both online companies that allow users to create songs using artificial intelligence. The companies defend themselves by claiming they prohibit users from creating songs explicitly mimicking top artists. But Sony Music, Universal Music Group, and Warner Music argue the programs still can reproduce elements of a song or voice artist, and that the programs used copyrighted material to train their AIs.

The Allegations

The record labels allege that Suno and Udio AI's were both trained using pieces of music originally created by individual artists and whose copyrights belong to those artists and their music labels. When users of the sites then create their own songs the users and the sites collectively are violating the rights of the artists and their music labels who created the original works without permission to do so.

Through these lawsuits, the music labels are asking the courts to issue injunctions to prevent Suno and Udio from using their content without permission. They are also seeking monetary damages.

The question is: how will the music industry and artificial intelligence move forward? AI doesn't appear to be going away. Some have suggested that AI companies will need to be more transparent about how they train their system. Others have said there should be a way to license the music used by the AI companies so that the artists are compensated for the use of their materials. And then there is the involvement of the U.S. government through President Biden's Executive Order and the potential COPIED Act. We will have to wait and see which path will make the most sense as the technology continues to change.

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