AI Content & Copyright: Who owns AI-generated songs in 2026?

The foundation of copyright law is the concept of “personal intellectual creation.” In most jurisdictions (including Germany and the United States), this means: where no human has engaged in creative activity, there is no copyright. An AI is not legally considered a person and therefore cannot be an author.

The dilemma of the grey area:

• Prompts as creation? Simple text instructions (“prompting”) are usually not sufficient to establish copyright protection for the result.
• Protectability of the output: A song created 100% at the push of a button is often legally considered part of the “public domain,” meaning third parties could theoretically use it as well, without you being able to prohibit it.

Because statutory law is incomplete, Suno.ai’s Terms of Service fill the gap. These contractually regulate aspects not yet clearly covered by legislation:

• Free users: Generally retain no rights to the output; Suno.ai remains the owner of the content. Commercial use (e.g., monetized YouTube uploads) is prohibited.
• Pro/Premier subscribers: Suno grants paying users ownership of the content they generate, provided it was created during an active subscription. However, this is currently under renewed debate due to recent changes in the company’s terms and conditions.
• Retroactive rights: Important for businesses - content created under a free plan does not automatically become commercially usable after upgrading to a paid subscription.

The EU AI Act is the world’s first comprehensive law regulating AI and has major implications for music production:

• Labeling obligation: All AI-generated audio content must be labeled (“watermarking”) to prevent confusion with human-created art.
• Transparency of training data: Providers must publish detailed summaries of which copyrighted works were used to train the AI.
• Copyright opt-out: Companies must verify whether the AI system respects artists’ opt-out rights to avoid follow-up copyright claims.

AI is not only automating music, it is transforming the entire news and media landscape.

• Efficiency vs. authenticity: While AI reduces production costs, the risk of bias and hallucinations increases.
• Data protection: AI platforms may indirectly process personal data or protected voice profiles during content generation. The GDPR applies in combination with the AI Act.
• Loss of trust: Without transparent communication about AI use, media organizations risk losing credibility among audiences that are increasingly skeptical of “synthetic media.”

To ensure compliant use of Suno.ai, companies should follow these best practices:

• Subscription check: Use only paid accounts for business purposes and document subscription status.
• Hybrid models: Use AI as a draft or inspiration. Have human musicians contribute elements or refine lyrics to create a genuine “human creative contribution.”
• Rights audit: Maintain a register of all AI-generated content and its licensing status (compliance log).
• Avoid brand names: Do not use protected artist names or trademarks in prompts to avoid direct trademark infringement.

AI music is a powerful tool in 2026, but it carries legal risks. Contractually, control over a song often lies with the user; from a copyright perspective, however, ownership may remain unclear. Companies must proactively ensure transparency and treat AI as an assistance system, not a replacement for human creativity. Ignoring the EU AI Act risks not only legal consequences but also the trust of your target audience.

Does Suno.ai protect me from third-party copyright lawsuits?

No. Most AI providers exclude liability for copyright infringements in their terms and conditions. The risk lies with the user who created the prompt.

Can I register an AI-generated song with the patent and trademark office?

Obtaining copyright protection as a “work” is difficult. However, you may register the song as part of a trademark (e.g., a sound mark/jingle), provided it has sufficient distinctiveness.

What happens to my rights if I cancel my subscription?

Songs created during an active subscription retain their commercial usage rights. Songs created after cancellation fall back under the “Free” plan rules.