SUR & SAUDA

Copyright and AI: who owns what

AI music · Module 3 · By Ayush Panda · 21 October 2026 · 3 min read

The short answerThe clearest guidance so far comes from the US Copyright Office, which said in January 2025 that purely AI-generated material made from prompts isn't copyrightable, but that works where a human controls the expressive elements, or uses AI as a tool, can be. India's Copyright Act doesn't yet address AI outputs directly; a government committee proposed a licensing model for AI training in December 2025 and is due to cover AI outputs next. Meanwhile, AI tools' own terms decide what you can do commercially, so read them, and keep evidence of your own creative input.

This module explains where the rules stand so you can make informed choices. It isn't legal advice, and this area is changing fast.

The core idea: human authorship

Copyright has always protected the work of a human author. AI raises the obvious question: if a machine produced the music, who, if anyone, is the author?

The US Copyright Office published the most detailed guidance so far in January 2025. Its main points:

  • Purely AI-generated material made from prompts isn't copyrightable. Prompts don't give the user enough control over the expressive result, because the AI fills in the gaps and produces different outputs from the same prompt. Repeating or refining prompts doesn't change that.
  • Using AI as a tool doesn't remove protection. Where a human uses AI to assist, for example for song ideation, and the AI output isn't directly incorporated, the work can be protected as usual.
  • Human contributions are protected. Your own lyrics, melodies and performances, your expressive changes to AI material, and your creative selection and arrangement of it can be protected. The purely AI-generated parts can't.
  • It may change. The Office said future advances that give users more control could change its conclusions.

The US is only one country, but its approach is influential, and many distributors and platforms operate under it.

Where India stands

India's Copyright Act, 1957 doesn't yet deal directly with AI-generated outputs.

In April 2025, the Department for Promotion of Industry and Internal Trade (DPIIT) set up a committee to review the Act for AI. Its first working paper, in December 2025, dealt with training, and proposed a hybrid model:

  • AI developers would get a mandatory blanket licence to train on copyrighted works they access lawfully.
  • Royalties would be paid to rights holders once an AI system is commercialised, at rates set by a government-appointed committee.
  • A central body managed by copyright owners would collect and distribute them.

It was a proposal open for comment, not law. A second part was due to address the copyright status of AI-generated outputs, which is the question that matters most for musicians releasing AI-assisted work.

What the tools' own terms say

Whatever the law, the terms of the tool you use decide what you're allowed to do with its output. Suno is a useful example:

  • Songs made on its free plan are restricted to non-commercial use and can't be monetised, even if you subscribe later.
  • On paid plans, it grants commercial use rights, but its terms say it doesn't guarantee that a copyright will vest in the output.
  • Following its deal with Warner Music, downloads require a paid plan and are capped.

Read the terms of every tool before you release anything made with it, and save a copy of the terms on the date you used it.

Your own music and AI training

Two practical concerns for musicians:

  1. Uploading your music to AI tools. Some tools' terms give them rights to use what you upload, including to improve their models. Read before you upload your stems or vocals.
  2. Your music in training data. That's being fought over in courts and policy worldwide. The licensing deals between major labels and AI companies are one outcome; India's proposed royalty model is another.

How to protect yourself now

  1. Register your songs with IPRS so your human authorship is on record.
  2. Keep evidence: dated project files, voice memos, drafts, lyric notebooks and session recordings.
  3. Write your own parts. The more of the expressive work that's yours, the stronger your claim.
  4. Read tool terms before using a tool and before uploading your music to it.
  5. Declare AI use honestly to your distributor. Module 2 covers platform rules.
  6. Get advice before signing any deal that involves AI training or voice models.

Your checklist

  1. For each song, note which parts are yours and which, if any, came from AI.
  2. Keep project files backed up.
  3. Save the terms of every AI tool you use.
  4. Check for updates to India's AI and copyright policy.

Questions people ask

Can I copyright a song I made entirely with Suno?

Under the US Copyright Office's January 2025 guidance, purely AI-generated material made from prompts isn't copyrightable, because prompts don't give enough control over the expressive result. India hasn't settled the question yet. Suno's own terms also say it doesn't promise you'll own a copyright in the output.

What if I write the lyrics and use AI for the music?

The parts you write yourself, such as your lyrics, are your human authorship. The US guidance says copyright protects human contributions, including expressive modifications and the selection and arrangement of AI material, but not the purely AI-generated parts.

Is it legal for AI companies to train on my music?

It's being contested in courts and policy worldwide. Major labels have settled and licensed some AI companies. In India, a December 2025 DPIIT working paper proposed a mandatory licence for AI training with royalties paid to rights holders once systems are commercialised. It was a proposal open for comment, not law.

How do I protect my music?

Register your works with IPRS, keep dated project files and drafts, read any tool's terms before uploading your music to it, and check your distributor's and platforms' AI policies.

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