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Who owns a song made with AI?

By the builder of Mozarella, a software engineer and musician. Updated July 27, 2026.

Short version: what you wrote is yours, what the machine wrote is nobody's, and the paperwork cares about the difference. Here is where the law stands, in plain English, with the primary sources linked.


What the Copyright Office actually says

The US Copyright Office has addressed this twice: registration guidance in March 2023 and a full Copyrightability report in January 2025. The position is consistent. Copyright protects human authorship. Material generated purely by AI is not protectable, and with current tools, "prompts do not alone provide sufficient control." The 2023 guidance compares prompting to giving "instructions to a commissioned artist": you asked for it, but you did not author it.

Just as clearly, using AI as an assist does not poison a work. Human contributions that show through the output stay protected: lyrics you wrote, a melody you composed, your creative selection and arrangement of generated pieces, your edits on top. When you register, you must disclose the AI-generated portions and claim only the human ones.

What the courts say

Thaler v. Perlmutter tested the edge case of naming an AI system as the author. The D.C. Circuit held in March 2025 that authors must be human, and the Supreme Court declined to hear the appeal in March 2026. That question is settled.

A song, piece by piece

Protectable?Why
Lyrics you wroteYesOrdinary human authorship
Melody you wroteYesSame, even if AI performs it
Your arrangement and editsYes, if creative enoughSelection and modification count
A chord progression aloneRarelyCommon building blocks
AI vocal performing your melodyThe composition stays yoursThe underlying work is what you wrote
Track generated from a promptNoPrompts are not authorship

What the generators' terms say

Service terms decide what you may do; they cannot create copyright. Suno: on paid plans, Suno's terms assign you Suno's rights in your outputs, while stating plainly that Suno makes no warranty "that any copyright will vest" in them. On the free tier, Suno keeps ownership and you get personal, non-commercial use with attribution. Udio: since the Universal Music settlement, downloads are disabled; creations stream inside Udio's platform only. AIVA keeps the copyright on its lower tiers and sells full ownership on Pro. Read the terms of anything you generate; they differ this much everywhere.

The clean path

There is a simple way to be on the strong side of every line above: write the song. A melody and lyrics you composed are yours before any AI touches them, and an AI voice singing your written melody changes authorship as little as a hired singer would. That is the design bet behind Mozarella, our sketch pad where you compose the score and AI only performs it. Ours, so judge that sentence accordingly; the law above is real either way.

If you plan to release

Plain-language summary as of July 2026, not legal advice. Rules differ outside the US and are still moving.

Copyright follows authorship. Machines cannot have it, prompts do not earn it, and writing the song still does.

Common questions

Can I copyright a song I generated with Suno?

The purely generated audio, no. The US Copyright Office holds that prompts alone are not authorship, no matter how many times you rerolled. Parts you wrote (your lyrics, a melody you fed in) and your creative selection or editing of outputs can be protected, and must be identified when you register.

Do I own a song if AI sings a melody I wrote?

The composition, yes. A melody and lyrics you wrote are your work in the ordinary way, and an AI performing them does not change who wrote them, any more than hiring a session singer would.

Is AI-generated music public domain then?

Effectively, purely AI-generated material has no US copyright owner, though a service's terms may still bind you contractually, and the question is unsettled in some other countries. Contract rights and copyright are different things.

Do I have to tell the Copyright Office about the AI parts?

Yes. Applicants have a duty to disclose AI-generated content in a work submitted for registration and to describe the human contributions.

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