The three major music companies are weighing a lawsuit against AI startups Suno and Udio for allegedly training on copyrighted sound recordings, according to multiple sources.

The potential lawsuit, which would include Universal Music Group, Warner Music Group and Sony Music, would target a pair of companies that have quickly become two of the most important players in the emerging field of generative AI music. While many of its competitors focus on generating either music or lyrics or vocals, Suno and Udio both allow users to generate all three in the click of a button. Two sources said the lawsuit could come as soon as next week. Reps for the three majors, as well as Suno and Udio, did not respond to requests for comment.

Music companies, including UMG, have already filed a lawsuit against Anthropic, another major AI firm, over the use of copyrighted materials to train models. But that case dealt only with lyrics, which in many ways are legally similar to written subject matter. The new suit would deal with music and sound itself. 

Just a few months from its launch, Udio has already produced what could be considered an AI-generated hit song with “BBL Drizzy,” a parody track created by comedian King Willonius and popularized via a remix by super producer Metro Boomin. Later, the song reached new heights when it was sampled in Sexyy Red and Drake‘s song “U My Everything,” becoming the first major example of sampling an AI-generated song.  

Suno has also achieved early success since its launch in December 2023. In May, the company announced via a blog post that it had raised a total of $125 million in funding from a group of notable investors, including Lightspeed Venture Partners and Nat Friedman and Daniel Gross. 

Both companies, however, have drawn criticism from many members of the music business who believe that the models train on vast swathes of copyrighted material, including hit songs, without consent, compensation or credit to rights holders. Representatives for Suno and Udio have previously declined to comment on whether or not they train on protected copyrights, with Udio’s co-founders telling Billboard they simply train on “good music.” 

In a recent Rolling Stone story about Suno, investor Antonio Rodriguez admitted that Suno does not have licenses for whatever music it has trained on, but he said that was not a concern to him, adding that this lack of such licenses is “the risk we had to underwrite when we invested in the company, because we’re the fat wallet that will get sued right behind these guys… Honestly, if we had deals with labels when this company got started, I probably wouldn’t have invested in it. I think that they needed to make this product without the constraints.” 

In a series of articles for Music Business Worldwide, founder of AI safety non-profit Fairly Trained, Ed Newton-Rex, found that he was able to generate music from Suno and Udio that “bears a striking resemblance to copyrighted music. This is true across melody, chords, style and lyrics,” he wrote. Both companies, however, bar users from prompting the models to copy artists’ styles by typing out sentiments like “a rock song in the style of Radiohead” or from using specific artists’ voices. 

The case, if it is filed, would hinge on whether the use of unlicensed materials to train AI models amounts to copyright infringement — something of an existential question for the booming sector, since depriving AI models of new inputs could limit their abilities. Content owners in many sectors, including book authors, comedians and visual artists, have all filed similar lawsuits over training. 

Many AI companies argue that such training is protected by copyright’s fair use doctrine — an important rule that allows people to reuse protected works without breaking the law. Though fair use has historically allowed for things like news reporting and parody, AI firms say it applies equally to the “intermediate” use of millions of works to build a machine that spits out entirely new creations. That argument will likely be the central question in any lawsuit over AI training. 

Some AI companies have taken what is often called a more “ethical” approach to AI training by working directly with companies and rights holders to license their copyrights or form official partnerships instead.

So far, the majors have embraced partnering with AI companies in this way. Already, UMG and WMG have worked with YouTube for its AI voice experiment DreamTrack; Sony has partnered with Vermillio on a remix project for The Orb and David Gilmour; WMG has worked with Edith Piaf’s estate to recreate her voice using AI for an upcoming biopic; UMG launched an AI music incubator with YouTube Music; and most recently, UMG has teamed up with SoundLabs to let their artists create their own AI voice models for personal use in the studio.