Within AI Training
Can AI music training be fair use?
Fair use is the main legal defence for unlicensed training, but music makes the market-harm question especially difficult.
On this page
- Why developers call training transformative
- Why rightsholders focus on market harm
- Why courts may treat music differently
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Introduction
Whether AI music training can qualify as fair use is one of the central legal questions in the copyright disputes surrounding generative music systems. In the United States, fair use allows some unlicensed uses of copyrighted works, but it is not a blanket exemption. Courts weigh several factors, including the purpose of the use, the amount copied, and the effect on existing or potential markets. For AI developers, fair use is the primary defence for training on copyrighted music without licences. For record labels, publishers and musicians, the same doctrine is where the strongest objections arise because AI-generated music may compete directly with the works used to train the systems. [U.S]copyright.govCopyright OfficePart 3: Generative AI Training (Pre-Publication Version)6 May 2025 — This Part of the Copyright Office's Report on Copyri…. Copyright Office
The debate is especially difficult in music because the output of a music model can occupy the same commercial space as songs, recordings and performances created by human artists. As a result, even if training is viewed as technologically innovative, courts may still ask whether it undermines established or emerging licensing markets. [U.S]copyright.govCopyright OfficePart 3: Generative AI Training (Pre-Publication Version)6 May 2025 — This Part of the Copyright Office's Report on Copyri…. Copyright Office
Why developers call training transformative
The strongest fair use argument for AI companies is that training serves a different purpose from listening to or distributing music. Developers argue that a model analyses recordings to identify patterns in rhythm, melody, harmony, instrumentation and production techniques rather than reproducing the original tracks for consumers. Under this view, copyrighted songs function as inputs to a new technological process rather than as substitutes for the original works. Reuters [The Verge]theverge.comThe lawsuits claim that Suno and Udio unlawfully used copyrighted sound recordings to train their music-generating AI models. The RIAA se…
This argument draws heavily on earlier fair use cases involving large-scale copying for computational purposes. Courts found fair use in cases such as Authors Guild v. Google, where Google copied entire books to create a searchable index. The reasoning was that the copying enabled a new function that did not replace the market for the books themselves. The court described the search function as transformative because it generated information about the books rather than providing the books as substitutes. [Wikipedia]WikipediaTransformative useTransformative use
AI developers attempt to place music training in a similar category. Their position generally rests on several claims:
- The model learns statistical relationships rather than storing songs for playback.
- The purpose is to generate new musical works rather than distribute copies of training recordings.
- Training requires large datasets because musical styles and structures can only be learned from extensive examples.
- Restricting training could make development of new AI systems impractical or significantly more expensive. [arXiv]arxiv.orgSource details in endnotes.
Companies such as Suno and Udio have explicitly framed training as analogous to human learning. In court filings responding to record-label lawsuits, they argued that analysing existing recordings to enable users to create new music is a transformative activity protected by fair use. [Reuters]reuters.comMusic AI startups Suno and Udio slam record label lawsuits in court filingsThe lawsuits accuse the startups of using copyrighted sound recordings to train their AI music-generation systems without permission. Sun…
The transformative-use argument has gained some support in broader AI litigation. In discussions of recent AI cases, courts and commentators have pointed to situations where converting works into machine-readable form for analysis was viewed as highly transformative and did not directly substitute for the originals. [Farrer & Co.]farrer.co.ukgenai and copyright three key casesFarrer & Co.GenAI and copyright: three key cases9 Jul 2025 — The Court drew analogies to previous fair use rulings such as Authors Guild…
Why rightsholders focus on market harm
Even if training is considered transformative, fair use analysis does not end there. The fourth fair use factor—market effect—is often viewed as the most important and is where music companies believe their strongest arguments lie. [U.S]copyright.govCopyright OfficePart 3: Generative AI Training (Pre-Publication Version)6 May 2025 — This Part of the Copyright Office's Report on Copyri…. Copyright Office
Record labels and publishers argue that AI music systems are not merely analysing music. They are using copyrighted recordings to build products capable of generating commercially valuable music that may compete with the original market. From this perspective, the training process extracts economic value from recordings without compensation and then deploys that value in a rival product. Reuters [RIAA]riaa.comRecord Companies Bring Landmark Cases for…24 Jun 2024 — Unlicensed services like Suno and Udio that claim it's 'fair' to copy an artis…
The lawsuits against Suno and Udio illustrate this concern. Major labels allege that the companies copied copyrighted recordings on a massive scale and used them to develop services that can generate music resembling existing artists and songs. The labels argue that such systems could flood the market with low-cost alternatives and reduce demand for human-created recordings. [Reuters]reuters.comMusic labels sue AI companies Suno, Udio for US copyright infringementThe labels claim that the AI companies used their music recordings without permission to train music-generating AI systems, which compete… [Reuters]reuters.commusic labels ai lawsuits create new copyright puzzle us courts 2024 08 03ReutersMusic labels' AI lawsuits create copyright puzzle for courts5 Aug 2024 — But the new lawsuits say Suno and Udio can be prompted to…
The market-harm argument has expanded beyond direct substitution. Rightsholders increasingly point to the emergence of licensing markets for AI training itself. If copyright owners are willing to license recordings for model training, then unlicensed use may interfere with a legitimate market that copyright law would ordinarily protect. The U.S. Copyright Office has emphasised that existing or developing licensing markets can be relevant to fair use analysis even when they are relatively new. [U.S]copyright.govCopyright OfficePart 3: Generative AI Training (Pre-Publication Version)6 May 2025 — This Part of the Copyright Office's Report on Copyri…. Copyright Office
This creates a difficult question for courts. If a licensing market exists or could reasonably develop, then allowing widespread unlicensed training may weaken the economic incentives that copyright is designed to provide. That concern weighs against a finding of fair use. [U.S]copyright.govCopyright OfficePart 3: Generative AI Training (Pre-Publication Version)6 May 2025 — This Part of the Copyright Office's Report on Copyri…. Copyright Office
Why courts may treat music differently
Music presents challenges that do not appear as clearly in some other AI copyright disputes.
First, music models produce outputs that are often consumed for the same reasons as the underlying works. A search engine that indexes books performs a different function from reading a novel. By contrast, an AI-generated song may compete for the same listeners, streaming revenue, advertising placements or background-music opportunities as human-created recordings. This makes the substitution question more immediate. [Wikipedia]WikipediaReutersReuters is a news agency wholly owned by Thomson Reuters, a multinational information conglomerate. It employs around 2,500 jou…
Second, music is particularly sensitive to imitation. Record-label complaints against AI music generators have highlighted examples where generated tracks allegedly reproduced recognisable musical characteristics or imitated famous performers. Even when an output does not copy a complete recording, it may capture stylistic elements that audiences associate with specific artists. [Reuters]reuters.comai copyright battles enter pivotal year us courts weigh fair use 2026 01 05AI copyright battles enter pivotal year as US courts weigh…5 Jan 2026 — Warner Music also settled its lawsuits against AI music makers…
Third, music contains multiple overlapping rights. A single track may involve copyright in the sound recording, the musical composition and the lyrics. Because training can implicate all of these layers simultaneously, the commercial consequences of unlicensed use may be broader than in some other media sectors. [U.S]copyright.govCopyright OfficePart 3: Generative AI Training (Pre-Publication Version)6 May 2025 — This Part of the Copyright Office's Report on Copyri…. Copyright Office
Finally, courts may pay attention to evidence of memorisation and reproduction. Fair use arguments are stronger when a model merely learns patterns. They become weaker if plaintiffs can show that the system retains and reproduces substantial portions of copyrighted works. Researchers examining AI memorisation have argued that the legal significance may depend on whether models effectively contain reconstructable copies of training material. [arXiv]arxiv.orgSource details in endnotes.
The unresolved balance in fair use analysis
The current legal debate is not a simple contest between innovation and copyright. Both sides rely on recognised fair use principles.
Developers emphasise transformation, technological progress and comparisons to earlier cases involving search, indexing and computational analysis. Rightsholders emphasise market substitution, lost licensing opportunities and the commercial exploitation of copyrighted recordings without permission. [Wikipedia]WikipediaList of best selling fiction authorsList of best-selling fiction authorsThis is a list of best-selling fiction authors to date, in any language. While finding precise sal… [Reuters]reuters.comCopyright Law in 2025: Courts begin to draw lines around…Mar 16, 2026 — The defendants have raised fair use defenses, with Suno argui…
The U.S. Copyright Office’s recent analysis reflects this tension. It rejects the idea that AI training is automatically fair use while also recognising that some training activities may be more transformative than others. The outcome depends heavily on context, including the nature of the training process, the resulting outputs and the effect on copyright markets. [U.S]copyright.govCopyright OfficePart 3: Generative AI Training (Pre-Publication Version)6 May 2025 — This Part of the Copyright Office's Report on Copyri…. Copyright Office
For music, the decisive issue may ultimately be whether courts see generative systems as tools that learn from culture in the same way humans do, or as commercial products that derive value from copyrighted catalogues while competing against them. The answer to that question is likely to shape not only the future of AI music generators but also the broader relationship between copyright law and generative AI. Gilbert Tobin [2U.S. Copyright Office]reddit.comThis is a "pre-publication" version has confused a few copyright law experts. It…Read more…
Amazon book picks
Further Reading
Books and field guides related to Can AI music training be fair use?. Use these as the next step if you want deeper reading beyond the article.
All You Need to Know About the Music Business
Gives commercial context for licensing markets that fair-use rulings may affect.
The Coming Wave
Helps readers understand the policy stakes surrounding AI regulation and copyright.
Copyright in the Music Industry
First published 2021. Subjects: Written communication.
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Endnotes
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Source: copyright.gov
Link: https://www.copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-3-Generative-AI-Training-Report-Pre-Publication-Version.pdfSource snippet
Copyright OfficePart 3: Generative AI Training (Pre-Publication Version)6 May 2025 — This Part of the Copyright Office's Report on Copyri...
Published: May 2025
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Source: reuters.com
Title: Music AI startups Suno and Udio slam record label lawsuits in court filings
Link: https://www.reuters.com/legal/litigation/music-ai-startups-suno-udio-slam-record-label-lawsuits-court-filings-2024-08-01/Source snippet
The lawsuits accuse the startups of using copyrighted sound recordings to train their AI music-generation systems without permission. Sun...
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Source: arxiv.org
Link: https://arxiv.org/abs/2305.03720 -
Source: Wikipedia
Title: Transformative use
Link: https://en.wikipedia.org/wiki/Transformative_use -
Source: reuters.com
Title: Music labels sue AI companies Suno, Udio for US copyright infringement
Link: https://www.reuters.com/technology/artificial-intelligence/music-labels-sue-ai-companies-suno-udio-us-copyright-infringement-2024-06-24/Source snippet
The labels claim that the AI companies used their music recordings without permission to train music-generating AI systems, which compete...
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Source: riaa.com
Link: https://www.riaa.com/record-companies-bring-landmark-cases-for-responsible-ai-againstsuno-and-udio-in-boston-and-new-york-federal-courts-respectively/Source snippet
Record Companies Bring Landmark Cases for...24 Jun 2024 — Unlicensed services like Suno and Udio that claim it's 'fair' to copy an artis...
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Source: reuters.com
Title: music labels ai lawsuits create new copyright puzzle us courts 2024 08 03
Link: https://www.reuters.com/legal/music-labels-ai-lawsuits-create-new-copyright-puzzle-us-courts-2024-08-03/Source snippet
ReutersMusic labels' AI lawsuits create copyright puzzle for courts5 Aug 2024 — But the new lawsuits say Suno and Udio can be prompted to...
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Source: arxiv.org
Link: https://arxiv.org/abs/2404.12590Source snippet
arXivThe Files are in the Computer: Copyright, Memorization, and Generative AIApril 19, 2024...
Published: April 19, 2024
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Source: arxiv.org
Title: arXiv Generative AI Training and Copyright Law
Link: https://arxiv.org/abs/2502.15858 -
Source: suno.com
Link: https://suno.com/Source snippet
Suno | AI Music GeneratorCreate stunning original music for free in seconds using our AI generator. Make your own masterpieces, share wit...
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Source: Wikipedia
Link: https://en.wikipedia.org/wiki/ReutersSource snippet
ReutersReuters is a news agency wholly owned by Thomson Reuters, a multinational information conglomerate. It employs around 2,500 jou...
-
Source: Wikipedia
Title: List of best selling fiction authors
Link: https://en.wikipedia.org/wiki/List_of_best-selling_fiction_authorsSource snippet
List of best-selling fiction authorsThis is a list of best-selling fiction authors to date, in any language. While finding precise sal...
-
Source: Wikipedia
Title: Authors Guild, Inc. v. Google, Inc
Link: https://en.wikipedia.org/wiki/Authors_Guild%2C_Inc._v._Google%2C_IncSource snippet
Authors Guild, Inc. v. Google, Inc.It concerned fair use in copyright law and the transformation of printed copyrighted books into an...
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Source: copyright.gov
Link: https://www.copyright.gov/ai/Source snippet
Copyright and Artificial Intelligence | U.S. Copyright OfficeCopyright and Artificial Intelligence analyzes copyright law and policy issu...
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Source: copyright.gov
Title: and Artificial Intelligence Part 2 Copyrightability Report
Link: https://www.copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-2-Copyrightability-Report.pdfSource snippet
Copyright Office addresses the legal and policy issues related to artificial intelligence (“AI”) and copyright, as...Read more...
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Source: reuters.com
Title: ai copyright battles enter pivotal year us courts weigh fair use 2026 01 05
Link: https://www.reuters.com/legal/government/ai-copyright-battles-enter-pivotal-year-us-courts-weigh-fair-use-2026-01-05/Source snippet
AI copyright battles enter pivotal year as US courts weigh...5 Jan 2026 — Warner Music also settled its lawsuits against AI music makers...
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Source: reuters.com
Link: https://www.reuters.com/legal/legalindustry/copyright-law-2025-courts-begin-draw-lines-around-ai-training-piracy-market-harm–pracin-2026-03-16/Source snippet
Copyright Law in 2025: Courts begin to draw lines around...Mar 16, 2026 — The defendants have raised fair use defenses, with Suno argui...
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Source: reuters.com
Title: Udio are still ongoing, as are all three labels’ cases against Suno.Read more
Link: https://www.reuters.com/business/media-telecom/universal-music-settles-copyright-dispute-with-ai-firm-udio-2025-10-30/Source snippet
Universal Music settles copyright dispute with AI firm Udio29 Oct 2025 — In 2024, major record labels Sony Music, Universal Music Group and...
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Source: reuters.com
Title: warner music group settles copyright case with suno licensed ai music 2025 11 25
Link: https://www.reuters.com/legal/litigation/warner-music-group-settles-copyright-case-with-suno-licensed-ai-music-2025-11-25/Source snippet
copyright law, and they...Read more...
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Source: theverge.com
Link: https://www.theverge.com/2024/8/2/24211842/ai-music-riaa-copyright-lawsuit-suno-udio-fair-useSource snippet
The lawsuits claim that Suno and Udio unlawfully used copyrighted sound recordings to train their music-generating AI models. The RIAA se...
-
Source: farrer.co.uk
Title: genai and copyright three key cases
Link: https://www.farrer.co.uk/news-and-insights/genai-and-copyright-three-key-cases/Source snippet
Farrer & Co.GenAI and copyright: three key cases9 Jul 2025 — The Court drew analogies to previous fair use rulings such as Authors Guild...
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Source: skadden.com
Title: copyright office report
Link: https://www.skadden.com/insights/publications/2025/05/copyright-office-reportSource snippet
Copyright Office released a report on whether the use of copyrighted materials to train generative AI systems is fair use...
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Source: reddit.com
Link: https://www.reddit.com/r/StableDiffusion/comments/1kkj7wr/us_copyright_office_set_to_declare_ai_training/Source snippet
This is a "pre-publication" version has confused a few copyright law experts. It...Read more...
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Source: reutersconnect.com
Title: Licensable picture: China: Azaleas Rainy Scenery
Link: https://www.reutersconnect.com/item/china-azaleas-rainy-scenery/dGFnOnJldXRlcnMuY29tLDIwMjY6bmV3c21sX01UMVNJUEEwMDBaQTdVMTc -
Source: jonesday.com
Title: us copyright office issues guidance on generative ai training
Link: https://www.jonesday.com/en/insights/2025/05/us-copyright-office-issues-guidance-on-generative-ai-trainingSource snippet
Copyright Office Issues Guidance on Generative AI...The report describes the technical process of AI training, concludes that using copy...
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Source: theguardian.com
Title: Reuters executive Simon Robinson to replace Justin Stevens as ABC news director
Link: https://www.theguardian.com/media/2026/may/28/simon-robinson-expected-abc-news-director -
Source: mishcon.com
Title: us copyright office report part 3 generative ai training
Link: https://www.mishcon.com/news/us-copyright-office-report-part-3-generative-ai-trainingSource snippet
US Copyright Office Report Part 3: Generative AI training13 Jun 2025 — The report clarifies that creating and deploying a generative AI s...
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Source: chatgptiseatingtheworld.com
Link: https://chatgptiseatingtheworld.com/2025/05/10/us-copyright-issues-pre-publication-version-of-3rd-report-on-ai-training-and-fair-use-ai-training-is-transformative-but-degree-depends-on-how-ai-functions-supports-new-market-dilution-theory-of-ha/Source snippet
US Copyright Office issues pre-publication version of 3rd...May 10, 2025 — The US Copyright Office issued its long-awaited report on AI...
Published: May 10, 2025
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Source: completemusicupdate.com
Link: https://completemusicupdate.com/us-copyright-office-report-on-whether-ai-training-is-fair-use-concludes-it-depends-but-generally-favours-copyright-owners/Source snippet
US Copyright Office report on whether AI training is fair use...12 May 2025 — The US Copyright Office has published its report on whethe...
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U.S. Copyright Office report on AI training: what you need...13 May 2025 — The U.S. Copyright Office's May 2025 report on Generative AI...
Published: may 2025
Additional References
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Link: https://www.theguardian.com/books/list/authorsazSource snippet
Authors A-Z | BooksA · Chinua Achebe · Peter Ackroyd · Douglas Adams · Chimamanda Ngozi Adichie · Aaron Akinyemi · Alexandra Harris · Mon...
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Source: pitchfork.com
Link: https://pitchfork.com/news/music-industry-groups-sue-ai-companies-for-stealing-artists-work-to-generate-musicSource snippet
The plaintiffs, including Sony Music Entertainment, UMG Recordings, and Warner Records, claim that the AI companies are saturating the ma...
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Source: imdb.com
Link: https://www.imdb.com/list/ls005774742/ -
Source: completemusicupdate.com
Link: https://completemusicupdate.com/suno-doesnt-understand-copyright-law-and-is-wrong-about-stream-ripping-rules-say-major-labels/Source snippet
Suno doesn't understand copyright law and is wrong about...22 Oct 2025 — As far as the music industry is concerned, Suno is liable for c...
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Link: https://www.musicbusinessworldwide.com/using-copyrighted-content-to-train-ai-without-permission-is-not-fair-use-us-court-rules-in-precedent-setting-thomson-reuters-case/Source snippet
Using copyrighted content to train AI without permission is...12 Feb 2025 — A US court has ruled on whether using copyrighted material w...
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Link: https://www.facebook.com/CentralOregonDaily/posts/ai-music-platforms-suno-and-udio-were-sued-by-major-record-labels-in-2024-for-al/1583812987084076/ -
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Title: alert Copyright Office Issues Key Guidance on Fair Use in Generative AI Training
Link: https://www.wiley.law/alert-Copyright-Office-Issues-Key-Guidance-on-Fair-Use-in-Generative-AI-TrainingSource snippet
Copyright Office Issues Key Guidance on Fair Use in...16 May 2025 — The Report provides a thorough technical and legal overview and take...
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Title: ai training copyright courts legal battleground over use beau epperly ggkuf
Link: https://www.linkedin.com/pulse/ai-training-copyright-courts-legal-battleground-over-use-beau-epperly-ggkufSource snippet
AI Training, Copyright, and the Courts: A Legal...While the ROSS and Stability AI cases reject AI training as fair use, courts took a di...
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Source: bitlaw.com
Link: https://www.bitlaw.com/ai/AI-training-fair-use.htmlSource snippet
copyright concept of fair use applies to the training of a generative AI model on copyrighted works owned by others...
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Link: https://www.youtube.com/watch?v=noQsr86XmLE
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