Anti-Money Laundering Roundtable

An independent artist has filed class action lawsuits against both Sun and Share for allegedly using his music to train their AI models.

Both documents make reference to another lawsuit against the two companies that was filed in the United States last year by major labels including Sony, Warnerand Universal. However, this lawsuit claims to fight for the rights of those without such support.

Filed by country musician Tony Justice and his 5th Wheel Records label, the lawsuits (which can both be viewed via Music Business Worldwide) state that while the major label lawsuit “continues to draw attention in the fight to protect major label music” it is “independent artists whose rights have been trampled the most” and “are the ones left without a seat at the table, unrepresented, and without a meaningful remedy.”

Both documents also claim that “the doctrine of fair use” shields both companies from any liability regarding copyright infringement, despite both having “openly admitted” to using “publicly available” works to train their AI models.

Justice argues that “Independent artists, Plaintiffs, and Class Members will never be able to claw back the intellectual property unlawfully copied” by the companies, and alleges that these platforms “undermine the existing streams of revenue, including licensing markets, for independent music, which the Copyright Office itself recognised as valid and protectable under copyright law.”

Last year’s major label case was backed by the RIAAwhich at the time argued against the “fair use” defence, stating, “there’s nothing fair about stealing an artist’s life’s work”. However, Suno seemingly claimed that major labels were threatened by companies like itself and Udio in response.

“What the major record labels really don’t want is competition,” Suno said. “Where Suno sees musicians, teachers, and everyday people using a new tool to create original music, the labels see a threat to their market share.”

More recently, it was reported that the same major labels involved in the 2024 lawsuit are actually now discussing potential licensing deals with Suno and Udio that would not only bring in fees but also include a small equity stake in the companies.