Copyright

Can AI-Generated Music Be Copyrighted?

The current legal status of AI music ownership and what it means for creators. A straightforward look at whether you can own rights to AI-generated compositions.

Legal Desk8 min readDecember 2024

Disclaimer: This is educational content, not legal advice. Copyright law around AI is evolving. Consult a qualified attorney for specific questions.

The Short Answer

Generally, no.

Music created entirely by AI, without significant human creative input, cannot be copyrighted under current U.S. law. The Copyright Office has been clear: copyright requires human authorship.

But the full picture is more nuanced. The degree of human involvement matters significantly, and there are scenarios where AI-assisted music may qualify for protection.

The Human Authorship Requirement

The foundation of copyright law in the United States (and most countries) is human authorship. According to the :

"Copyright can protect only material that is the product of human creativity. Works created entirely by a machine, without human creative control or intervention, cannot be registered."

This means if you type a simple prompt into Suno or Udio and it generates a complete song, that output likely isn't copyrightable—because the creative decisions were made by the AI, not you.

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Gray Areas

The law isn't black and white. There are situations where AI-assisted work may qualify for copyright:

May Be Copyrightable

  • AI-generated base heavily edited and arranged by human
  • Human-written lyrics combined with AI instrumental
  • AI used as a tool in a human-directed creative process
  • Significant human selection, arrangement, and modification

Likely Not Copyrightable

  • One-click AI generation with no modification
  • Simple prompts that generate complete works
  • AI output used exactly as generated
  • Minimal human creative contribution

The Copyright Office examines each case individually, looking at whether human creativity is "sufficiently expressive" to warrant protection.

Key Cases

Zarya of the Dawn (2023)

The Copyright Office granted copyright to the human-authored text and arrangement of an AI-illustrated comic book, but denied copyright to the AI-generated images themselves. This shows the Office's willingness to protect human contributions while excluding AI output.

Thaler v. Perlmutter (2023)

A federal court ruled that art created autonomously by AI cannot be copyrighted. The decision reinforced that "human authorship is a bedrock requirement of copyright."

What This Means for Creators

  • 1Platform terms ≠ copyright. Even if Suno or Udio grants you "ownership," that's a license from them—not legal copyright. See our Suno terms guide.
  • 2You can still use AI music commercially—you just can't stop others from using similar AI-generated content.
  • 3Add human creativity if you want protection. Edit, arrange, add original elements, write lyrics.
  • 4Document your process. If you claim copyright, be ready to show the human creative input.

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Official Sources

Official guidance on AI and copyright registration

U.S. Copyright Office official website

AI-assisted content, reviewed by our editorial team.