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Breaking Down What’s at Stake in Music’s AI Lawsuits
The major labels' lawsuits against Suno and Udio could define the future of AI in the music business — and even beyond.
If ingesting copyrighted works on a mass scale to train an AI is allowed under fair use, the music business could have a hard time limiting, controlling, or making money on this technology. Some of the others are mired in jurisdictional maneuvering, while others simply aren’t as strong: a lawsuit filed by The New York Times could involve a different fair use determination if the ingested articles are used as sources but not to generate new work. (An iconic Supreme Court case involved 2 Live Crew ’s parody of the Roy Orbison song “Oh, Pretty Woman.”) This is far from that, but Suno and Udio will presumably argue that their actions qualify as “transformative use” in the way the Google Books project did.
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