Introduction

AI-generated music is no longer a niche phenomenon — it's turning up in social media content, marketing campaigns, and background music in business premises. Tools like Suno.ai let anyone create radio-ready tracks in seconds, no musical knowledge required.

But for businesses, using it is a legal minefield. Companies that use AI music without a clear licensing strategy risk copyright lawsuits, cease-and-desist letters, and platform bans. Now that the EU AI Act is fully in effect, businesses must also ensure that their use of AI is communicated transparently to end consumers. The question "Who owns the song?" has thus become a core question of digital compliance.

Rights to Songs Created With Suno.ai: The Legal Situation

The foundation of copyright law is "personal intellectual creation." In most jurisdictions (including Germany and the US), this means: where no human was creatively involved, there is no copyright. An AI is not legally recognized as a person and therefore cannot be an author.

The Gray Area Dilemma:

  • Are prompts a creative act? Simple text instructions ("prompting") usually aren't enough to establish copyright protection for the result.
  • Eligibility of the output for protection: a song generated 100% at the push of a button often legally falls into the "public domain," meaning third parties could theoretically use it too, without you being able to prevent it.

Suno.ai Terms of Service: Who Is Allowed to Do What?

Since the law leaves gaps, Suno.ai's Terms of Service step in. These contractually govern what the law doesn't yet cover:

  • Free users: generally retain no rights to the output; Suno.ai remains the owner of the content. Commercial use (e.g., monetized YouTube videos) 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 being heavily debated again due to a change in the company's terms of service.
  • Retroactive rights: important for companies — content created during a free subscription doesn't automatically become commercially usable through a later upgrade.

The EU AI Act: What It Means for AI Music and Compliance

The EU AI Act is the world's first comprehensive law regulating AI, and it has a massive impact on music production:

  1. Labeling requirement: all AI-generated audio content must be labeled as such ("watermarking") to avoid confusion with human-created art.
  2. Training data transparency: providers must publish detailed summaries of which copyrighted works were used to train the AI.
  3. Copyright reservation: businesses must verify whether the AI they use has respected artists' "opt-out" requests, to avoid the risk of subsequent copyright lawsuits.

AI in Media Production: Opportunities and Risks

AI is automating not just music but transforming the entire news and media landscape.

  • Efficiency vs. authenticity: while AI lowers production costs, it increases the risk of bias and hallucinations.
  • Data protection: AI platforms often indirectly process personal data or protected voice profiles during generation. This is where the GDPR applies alongside the AI Act.
  • Loss of trust: without clear communication about AI use, media companies risk their credibility with an audience that's increasingly skeptical of synthetic media.

Practical Tips for Safely Using AI Music

To help businesses use Suno.ai in a legally sound way, we recommend the following best practices:

  • Subscription check: use only paid accounts for business purposes and document the payment status.
  • Hybrid models: use AI only as a sketch or source of inspiration. Have human musicians record parts or refine the lyrics to create your "own creative contribution."
  • Rights audit: keep a register of all AI content and its licensing status (compliance log).
  • Avoid trademarks: don't use protected artist names or trademarks in your prompts to avoid direct trademark infringement.

Conclusion and Recommendations for Businesses

AI music is a powerful tool in 2026,  but it also carries legal risks. Control over a song often rests contractually with the user, yet its copyright status frequently remains in limbo. Businesses must proactively create transparency and treat AI as an assistive 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.