Landmark AI ruling: Suno found to have unlawfully used copyright-protected music

Judgment was handed down today in German music rights organisation GEMA’s lawsuit against Suno over the unlawful use of copyright-protected music. The German court found that Suno had infringed both US and German copyright law. It thus upheld GEMA’s position that both the exploitation and reproduction of musical works from GEMA’s repertoire require a licence and that providers of AI services must pay creators appropriate remuneration. The judgment is therefore the first ruling worldwide on the use of copyright-protected music by AI music services. It could have major implications for the continued development of generative AI in the music industry.

‘This is a landmark ruling. The judgment sends a clear signal that AI companies cannot build their businesses on music created by others without respecting copyright. If you want to develop AI using music, you must do so in a way that ensures music creators are asked for permission and paid,’ says Nicky Trebbien, Director of Legal & Public Policy at Koda.

GEMA brought the case against US AI music service Suno in January 2025, alleging that the service had unlawfully used copyright-protected music in the development and provision of its technology. The court has now upheld that claim. The judgment may, however, be appealed to a higher court.

One ruling will not solve the AI challenge

Although the judgment could have major implications for similar cases, including Koda’s own lawsuit against Suno, Nicky Trebbien does not believe that it alone will resolve the challenges posed by generative AI.

‘Today we are witnessing a landmark ruling – not only for German music creators, but for everyone who makes a living creating art and culture. The judgment is an important step towards a market in which AI and creativity can develop side by side on fair terms, and we welcome the fact that the ruling covers both training and the provision of the service. But we cannot just sit back and assume that a single judgment will resolve the entire issue. There is still important work to be done by both Danish and European policymakers to establish clear and fair frameworks for the more positive development and use of generative AI,’ says Nicky Trebbien, continuing:

‘The key thing to remember here is that innovation and copyright are not opposites. Quite the contrary. If AI is to be developed responsibly, it must be done through licences and agreements with those who created the music or other content on which the technology is built. Europe now has an opportunity to demonstrate that technological innovation and respect for copyright can go hand in hand. That will require political action and common European solutions.’

In November 2025, Koda itself brought legal proceedings against Suno in Denmark on behalf of Danish music creators, similarly alleging the unlawful use of copyright-protected music.