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Beth Simpson

“AI models built on stolen intellectual property have no protection under the law”: German performing rights society wins significant victory over Suno

Suno.

The German music rights society GEMA has won a major victory over Suno, with a regional court in Munich finding that the tech company had illegally trained its AI models on music GEMA represents, without obtaining a licence or paying the rights holders.

Some of the tracks that were effectively stolen by Suno include Forever Young by Alphaville and Boney M’s Daddy Cool. The court found that Suno’s use of the songs was in breach of both the German and US copyright law.

The victory is a significant one in that, going forward, other AI companies must now licence any music from GEMA’s repertoire. It also sets a precedent for other collective societies not only within the EU, but also in the US market.

Suno will now have to pay damages, though how much has not been determined yet. The AI firm has vowed to fight the ruling and in a statement, said: “We disagree with today’s ruling – which rests on a fundamental mischaracterisation of how Suno’s technology works, how it is used and how U.S. law applies - and are evaluating all available options, including an appeal.”

It’s not the first time the German equivalent of PRS has come out on top against a tech giant. You may recall that last November GEMA won a case against OpenAI which accused the tech firm of breaking German law by using copyrighted lyrics to ‘train’ ChatGPT.

This latest ruling is far more significant in that it covers GEMA’s core business – the licensing of playable music. It remains to be seen how the ruling will impact the other battles Suno is fighting - against both Universal Music Group and Sony Music Entertainment in an action the companies took out in 2024 against the “mass infringement” of copyright by Suno and its market rival Udio, as well as a separate claim by the Danish collecting society Koda.

In a statement to Reuters, GEMA’s CEO Dr Tobias Holzmüller said: “Today, the Chamber made one thing crystal clear: AI models built on stolen intellectual property have no protection under the law.”

“AI service providers must pay for licenses rather than helping themselves to our members’ works free of charge. Today, the court’s verdict has significantly strengthened Europe’s position as a cultural centre.”

Meanwhile, GEMA board member Dr Ralf Weigand added: “Through this decision, GEMA has set an important precedent not only for its more than 100,000 members, but for creators worldwide. The fact that we can now enforce our rights in countries including the United States gives creators hope and confidence at a time of profound technological transformation.”

The UK’s Performing Rights Society welcomed the court’s decision and has sent a supportive tweet to GEMA - see above.

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