We make AI-assisted lofi, so this affects us directly. Here's what the rules say and what they mean in practice.
What the Copyright Office said
On 29 January 2025 the US Copyright Office published Part 2 of its report on artificial intelligence, about whether AI outputs can be copyrighted (the Office's AI page). The key points:
- Copyright needs human authorship. Protection covers what a human creatively decided.
- Prompts alone aren't enough. A prompt is closer to an idea or instruction; the AI decides how to express it. Even very detailed prompts didn't change that in the Office's view.
- Human contributions count. If you write lyrics, compose parts, or select, arrange and modify AI material in a creative way, those contributions can be protected.
- Using AI as a tool is fine. Assistance from AI doesn't disqualify a work, as long as a human is in control of the expressive elements.
What the courts said
In Thaler v. Perlmutter, a man tried to register an artwork listing his AI system as the sole author. The Copyright Office refused, the courts agreed, and in March 2025 the federal appeals court in Washington, DC held that the Copyright Act requires a human author. In March 2026 the Supreme Court declined to hear the case, leaving that ruling in place (Finnegan's summary).
So what's protected in an AI song?
| Part of the song | Likely protected in the US? |
|---|---|
| Music generated from a prompt, unchanged | No |
| Lyrics you wrote yourself | Yes |
| Melodies or parts you composed and recorded | Yes |
| Substantial creative edits, arrangements, a new mix | Possibly, the human part |
| The selection and order of tracks on an album | Possibly, as a compilation |
| The prompt text itself | Maybe, as writing, but it doesn't protect the output |
When registering, the Office asks applicants to disclose AI-generated material and to claim only the human-authored parts.
What the tool's terms add
Tools like Suno give paid subscribers ownership of, or commercial rights to, what they generate, but they don't promise that copyright exists in it. Those are two different things: the terms decide what you're allowed to do with the song, while copyright law decides whether you can stop other people copying it. We went through Suno's terms in Suno commercial use.
What it means if you use AI music
- "Unprotected" doesn't mean "free to take". Platforms, distributors and licenses still set rules, and Content ID still matches recordings. Treat AI music like any other music and use it under its owner's terms. What "free" music means explains the kinds of terms you'll see.
- Credit it anyway. It's what the owner asks, and it's the first thing to show if a claim ever needs answering.
What it means for us
Most of what makes our catalog is generated, so we don't pretend it's strongly protected. Our own contributions are the choosing, naming, sequencing, levelling and releasing, plus this site. In practice that shapes how we act:
- We make the music free for creators with a credit line, rather than policing it. The terms are here.
- We don't register our songs with Content ID, so we never claim your video. If a claim shows up anyway, send us the link and we'll help you answer it.
- We're open about how it's made, on our about page.
Outside the US
Other countries take different approaches, and some have laws about "computer-generated works" that predate today's AI. If you release music internationally, check the rules where it matters to you, and watch this space: it's changing quickly.
Written by Suman Kumar with AI help and checked before publishing. This is general information about US law as of September 2026, not legal advice. Other countries differ.