AI music companies Suno and Udio have hired elite law firm Latham & Watkins to defend them against lawsuits filed by the three major labels in late June, according to court documents.
Filed by plaintiffs Sony Music, Warner Music Group (WMG) and Universal Music Group (UMG), the lawsuits claim that Suno and Udio have unlawfully copied the labels’ sound recordings to train their AI models to generate music that could “saturate the market with machine-generated content that will directly compete with, cheapen and ultimately drown out the genuine sound recordings on which [the services were] built.”
Latham & Watkins has already played a key role in defending top companies in the field of artificial intelligence. This includes the firm’s work to defend Anthropic against allegations of infringement levied by UMG, Concord Music Group and ABKCO last October. Latham represents OpenAI in all of its lawsuits filed by authors and other rights owners, including the case filed by the New York Times and a case filed by comedian Sarah Silverman and other writers.
The Latham team is led by Andrew Gass, Steve Feldman, Sy Damle, Britt Lovejoy and Nate Taylor. Plaintiffs UMG, WMG and Sony Music are represented by Moez Kaba, Mariah Rivera, Alexander Perry and Robert Klieger of Hueston Hennigan as well as Daniel Cloherty of Cloherty & Steinberg.
It is common for AI companies to argue that training is protected by copyright’s fair use doctrine — an important rule that allows people to reuse protected works without breaking the law — and it is likely this will become a core part of Latham’s defense of Suno and Udio’s practices. 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.
So far, both Suno and Udio have declined to comment on whether or not they have used unlicensed copyrights in their datasets. However, the music industry started to question what was in those datasets after a series of articles written by Ed Newton-Rex, founder of AI music safety nonprofit Fairly Trained, were published by Music Business Worldwide. In one of them, Newton-Rex said he was able to generate music from both Suno and Udio that “bears a striking resemblance to copyrighted music.”
The lawsuit cites circumstantial evidence to support the labels’ belief that their copyrighted material has been used by Suno and Udio in AI training. This includes generated songs by Suno and Udio that sound just like the voices of Bruce Springsteen, Lin-Manuel Miranda, Michael Jackson and ABBA; outputs that parrot the producer tags of Cash Money AP and Jason Derulo; and outputs that sound nearly identical to Mariah Carey’s “All I Want For Christmas Is You,” The Beach Boys’ “I Get Around,” ABBA’s “Dancing Queen,” The Temptations’ “My Girl,” Green Day’s “American Idiot” and more.