The US Position: AI Music Can’t Be Copyrighted
In January 2025, the US Copyright Office released its definitive guidance on AI-generated content, and the news isn’t good for AI music generators. [2] The ruling is crystal clear: 100% AI-generated content cannot be copyrighted and falls into the public domain.
The Copyright Office stated: “The outputs of generative AI can be protected by copyright only where a human author has determined sufficient expressive elements.” [2]
Now, you might think, “But I wrote the prompt! That’s creative input!” Sorry, but no. Writing a prompt – even a detailed, clever one – does not constitute authorship according to copyright law. [3] This was definitively established in the Thaler v. Perlmutter case, which concluded that copyright protection is reserved for works of human creation. [4]
Let me translate what this means in practical terms: if you generate music using an AI tool like Suno, you cannot copyright that music. Full stop. Anyone can use it, copy it, or claim it as their own, and you have absolutely no legal recourse.
The UK Position: Currently Uncertain (And Possibly Getting Worse)
Here in the UK, things are slightly different but no more reassuring. Section 9(3) of the Copyright, Designs and Patents Act 1988 does provide some protection for “computer-generated works,” with copyright typically assigned to whoever made the arrangements for the work’s creation. [5]
However – and this is a significant however – the UK Intellectual Property Office is currently consulting on potentially removing this protection entirely. [6] The government is conducting a comprehensive review of AI’s economic impact, with a major report due in 2026. [7] Until then, the legal status remains uncertain at best.
Translation: even the protection that exists might disappear. Brilliant.
The Critical Distinction: Ownership vs. Copyright
Here’s where it gets particularly sneaky. Suno offers “ownership” of generated tracks to paid subscribers. Sounds great, doesn’t it? Except their own help documentation explicitly admits this may not include copyright protection. [8]
| What Suno Claims to Offer | What You Actually Get | What You Need |
|---|
| “Ownership” of tracks | Possibly ownership of the file | Copyright protection |
| Commercial use rights | Permission to use commercially | Legal defensibility if challenged |
| “Keep your copyrights” (Pro/Premier) | Unknown – company admits uncertainty | Clear, established copyright |
| AI-generated music | Public domain output (per US law) | Protected intellectual property |
Suno’s own documentation states: “In the US, copyright laws protect material created by a human. Music made 100% with AI would not qualify for copyright protection because a human did not write the lyrics or the music.” [8]
It’s like being given keys to a car whilst being told you might not actually be allowed to drive it. The keys are lovely, very shiny, but rather miss the point.
What this means for you
As you don’t own the copyright, there’s absolutely no way to stop someone from claiming it belongs to them, uploading, and distributing the track, and registering it with fingerprinting services such as ContentID. Next thing you know, every single video gets a copyright copyright claim, and all revenue is suddenly, and automatically directed to them while you fight the bots and get nowhere. Or worse these rogue parties register a full strike with you and your channel gets suspended and possibly deleted.
Don’t ask me how I know…