THE BIG STORY: Is the music industry’s billion-dollar legal battle over artificial intelligence suddenly going to be over before it starts? I wouldn’t count on it just yet.
News broke this weekend that Universal Music, Warner Music and Sony Music were each in talks to license their songs to Suno and Udio for use in training AI models to spit out new songs – less than a year after the music companies filed blockbuster copyright cases accusing the AI startups of stealing music on an “unimaginable scale.”
Both sides have framed those cases as an existential fight over the future of music. The labels says Suno and Udio are “trampling” the rights of real musicians in an effort to replace them; the startups argue back that the music giants are abusing intellectual property to crush a new technology that threatens their market share.
Is an actual deal imminent? I’d lean toward no. Low-boil settlement talks are a common and continuous feature of almost any litigation, and it’s unclear exactly how far they’ve gotten here. The labels have long said they’re open to listening, but striking a final deal – rather than just discussing one in broad strokes – will require solving a long list of incredibly complex problems, as my colleague Kristin Robinson writes.
The choice confronting the music giants in these talks – to strike a deal or fight it out in court – is one facing all creative industries amid the rise of artificial intelligence. If you sell your content to AI firms, you earn short term profits…by empowering a technology that might destroy you in the long run. If you fight it out, you risk being left behind amid a technological revolution, all for what could be a losing cause.
For the music business, history makes that an especially grueling choice. Nobody wants a replay of the 2000s, when labels chose to fight an ascendant new technology in court rather than harness and exploit its potential for profit. Only when the majors opted to partner with streamers like Spotify – in equity stake deals eerily similar to those being discussed with Suno and Udio – did the industry begin the long climb to recovery.
But digital music merely represented a new distribution system, and one where the tech partners would ultimately always need to pay real musicians for their output. If the labels end these lawsuits by handing over their catalogs for AI training now, those new partners might one day no longer need them at all.
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Other top stories this week…
LIZZO’S APPEAL – Lizzo’s lawyers launched an appeal aimed at ending a sexual harassment lawsuit filed by her former backup dancers, calling it an “attack” on her “First Amendment right to perform her music and advocate for body positivity.” Lizzo’s attorneys say her behavior toward the dancers was clearly part of her artistic approach — and thus shielded by constitutional protections for free speech.
SHADY FACEBOOK MUSIC? – Eight Mile Style, a company that owns much of Eminem’s catalog, filed a copyright lawsuit against Meta over accusations that Facebook and Instagram made “Lose Yourself” and other iconic tracks available to billions of users without permission. The case claimed that the social media giant added Eminem’s songs to its music library without the necessary licenses, violating copyright law on a “massive” scale in the pursuit of “obscene monetary benefit.”
OFFENSE AS DEFENSE – Smokey Robinson filed a countersuit against four longtime housekeepers who recently accused him of rape, claiming the allegations were part of an “extortionate scheme” by the women and their attorneys. The Motown legend accused the women and their lawyers of defamation, invasion of privacy, civil conspiracy and even elder abuse over the “fabricated” allegations.
YOUNGBOY PARDONED – President Donald Trump granted a pardon to YoungBoy Never Broke Again, who was released from prison in April after pleading guilty last year to a single count of possession of firearms by a convicted felon. The rapper, who has faced legal trouble for years, thanked the president on social media: “This moment means a lot. It opens the door to a future I’ve worked hard for and I am fully prepared to step into this.”
TRAFFIC DEATH – Ex-Red Hot Chili Peppers guitarist Josh Klinghoffer reached a plea deal with prosecutors to avoid prison time after striking and killing 47-year-old Israel Sanchez with his car in Los Angeles last year. Under the terms of the deal, the rocker pleaded no contest to misdemeanor vehicular manslaughter without gross negligence and was sentenced to one year of informal probation and 60 days of community labor.
SPOUSAL SUPPORT – Offset updated his divorce filings to demand that his estranged wife Cardi B pay him spousal support after their split is finalized. In an amended version of his answer to Cardi’s divorce petition, the Migos star added a request for an unspecified amount of alimony, but remains unchanged otherwise. The pair of superstars are one year into an increasingly acrimonious divorce case following six years of marriage.
BILLION WITH A B – The Justice Department urged the U.S. Supreme Court to tackle a billion-dollar lawsuit over music piracy filed by the major labels against Cox Communications, warning that a “sweeping” ruling could force internet providers to cut off service to many Americans. The case, in which the labels won a $1 billion verdict in 2019, saw a lower court hold Cox itself liable for widespread illegal downloading by its users.
FIVIO PLEA DEAL – Brooklyn rapper Fivio Foreign took a plea deal to end a criminal case stemming from allegations he pulled a gun on a New Jersey woman after she asked him to jump her car while pulled over. Under the terms of the deal, Fivio admitted to one count of third-degree terroristic threats in return for prosecutors dropping four other charges, including unlawful possession of a weapon and aggravated assault.
