3.7 C
New York
More

    The silent capitulation of the music revolution

    Published:

    How Warner, Universal and Sony didn't defeat the AI music startups – but absorbed them.


    It wasn't a thunderclap that reverberated through the music industry on November 25, 2025. It was more like the sound of champagne corks popping in glass-walled boardrooms and the soft click of contracts being digitally signed. Warner Music Group and Suno had reached an agreement. Not through defeat, not through triumph—through what both sides, with solemn expressions, called a "partnership.".

    The superficial narrative that swept through the press releases: A victory for the artists. Rights are protected. The future is licensed. Robert Kyncl, CEO of Warner Music, spoke of a "landmark pact" that "benefits everyone." Mikey Shulman, CEO of Suno, raved about a "bigger, richer Suno experience for music lovers.".

    But those who read between the lines—and one should always do so, especially when billions are at stake—recognize a different story. A story about the transformation of a disruptive promise into a controlled asset. About the illusion of decentralization that, in record time, became a recentralization of power. And about independent artists sitting at the end of the table to which they were never invited.


    The battlefield before the ceasefire

    To understand what really happened, we have to rewind. In June 2024, Sony Music, Universal Music, and Warner Music jointly filed lawsuits against Suno and Udio, each seeking up to $150,000 per infringed work. The allegations: The AI startups had used millions of copyrighted songs to train their models without paying a cent to the artists.

    Suno argued defiantly at the time. Training on publicly available music was "fair use"—comparable to a human musician learning by listening to others. "It is permitted under copyright law to create a copy of a protected work as part of an invisible backend process," the company stated in court documents.

    A position that wasn't entirely absurd. Academic voices suggested that fair use might apply in certain contexts—particularly transformative use without direct market harm. But the major labels saw things radically differently. For them, simply storing copy-protected music for training purposes was already an infringement. AI-generated "soundalikes" would directly displace licensed music. And Suno was reaping industrial-scale benefits from stolen creativity.

    „Meaning, the process in which Suno's AI model trains, through the reproduction and copying of existing copyrighted songs, constitutes prima facie copyright infringement.“ – US Copyright Office Report, May 2025


    In May 2025, the US Copyright Office published its 108-page report on "Generative AI Training"—and changed the entire playing field. The report was nuanced, but the overall trend severely damaged Suno's fair use position.

    The report identified two ends of a spectrum. At one end: non-commercial research – potentially fair use. At the other end:

    „…the copying of expressive works from pirated sources to generate unrestricted content that competes in the marketplace, when licensing is reasonably available, which may not be a fair use.“

    Suno publicly trained to music obtained through stream ripping from YouTube. This generated commercial content. It explicitly competed in the same market as licensed music. All three factors pointed against fair use.

    The report was non-binding. But it set the framework for the discourse. It made it clear that courts would heavily weight the commercial dimensions of AI outputs when interpreting fair use. For Suno—valued at $2.45 billion after a $250 million Series C funding round—this wasn't an abstract legal problem. It was an existential threat.


    The settlement architecture: partnership as capitulation

    What exactly did Warner and Suno agree on? The official terms initially sound like a fair compromise:

    For Suno:

    • Legal dispute ended
    • Permission to launch „new, more advanced and licensed models“ in 2026
    • Acquisition of Songkick (Warner's concert discovery platform)

    For Warner and artists:

    • WMG artists can opt in to have their voices, names, likenesses, and compositions used in AI-generated pieces.
    • New revenue streams from AI training and use

    For creators and users:

    • „Licensed models“ promise „safe“ AI outputs without infringement risk.
    • However: Free Tier users can now only play and share – no more downloads.
    • Existing Suno versions will be discontinued in 2026.

    In parallel, Universal Music had already struck an even more radical deal with Udio in October. Udio blocked AI-generated music downloads immediately after the agreement. Users had a 48-hour window to download existing tracks – then: lockdown. The download ban transformed Udio from a generator into a pure listening tool.

    User reactions were divided. „We were all wrong. We’ve been played,“ one user wrote on Reddit. „Trapping our music in their ecosystem,“ others commented. The disappointment was palpable. The promise – „anyone can make music without a label gatekeeper“ – had turned into a new walled garden.


    The Fair Use Metamorphosis: What Wasn't Said

    One critical point missing from the press releases: Neither Suno nor Udio admitted that their past training was illegal. They made no fines (the terms of which were not disclosed) and did not enforce a technology rotation – they did so voluntarily, as a future strategy, not as an admission of guilt.

    Legally, this means the fair use question remains unresolved. Neither a court nor the parties involved have answered the fundamental question: Was AI training on copied music fair use in the past, or not?

    The settlement might suggest: No. But it could also suggest: It was too uncertain, the costs too high, user support too low – pragmatically, not morally.

    For the AI industry beyond music, this is a worrying sign. If even a $2.45 billion startup capitulates to legal pressure from major labels, what does that mean for smaller players? For OpenAI's Sora? For anyone relying on "fair use" as a defense?


    The invisible second front: Independent artists under the wheels

    While Warner and Universal announce their deals, a second, largely invisible front line has emerged. In June 2025, country musician Tony Justice—8 million Spotify streams, full-time truck driver—filed a class-action lawsuit against Suno and Udio. His argument gets to the heart of the matter:

    „Independent artists, whose rights have been trampled the most, remain excluded from the table, unrepresented, and without a meaningful remedy.“

    In October 2025, further lawsuits followed. Attack the Sound, Stan and James Burjek (a father-son songwriting duo), and members of the Chicago group Directrix – all with similar allegations: stream ripping from YouTube, retention of audio and lyric files without a deletion log, and overall market displacement.

    Lawyer Krystle Delgado – herself a musician – is pursuing several of these lawsuits. Her argument: The major label settlements have effectively excluded independent artists. WMG negotiates for its artists, not for the entire creative community. An independent artist whose music has been scraped has no seat at the table.

    The numbers are staggering. Deezer reported in September 2025 that 28% of all music fed into their platform daily was entirely AI-generated. That's 30,000 tracks per day. If the major labels control only a minority of the tracks on streaming platforms, the majority of the music used for training was supplied by indie labels—without their knowledge, consent, or compensation.


    The strategy behind the strategy: What labels really want

    A critical interpretation that emerges from the analysis: The majors don't want to destroy Suno and Udio. They want control.

    Why? First: AI music is the future. Forecasts and our own R&D show that AI music generation is unstoppable. Second: It's better to co-opt than to lose. If Warner and Universal control licensed tech, they profit from every AI-generated note. Third: Platform ownership. This isn't protecting art. This is taking over distribution channels.

    Traditional control over distribution – radio, streaming – is being replaced by control over generation:

    Old World: Musician makes → Label distributes → Label controls access

    New World: Creator prompts → Label-licensed tool generated → Downloads attracted → Distribution through label partner

    This is not decentralization. This is recentering.

    The Songkick deal perfectly illustrates this strategy. Warner sold its concert discovery platform to Suno for an undisclosed sum. Why? Signal: „We trust Suno. We're selling them assets. This is partnership, not a forced agreement.“ This is narrative management.


    The streaming dimension: Deezer, Spotify and the walled garden

    Streaming platforms play a crucial role in this power struggle. Deezer has positioned itself as a pioneer—or a guardian, depending on your perspective. The platform tags 1001,111 AI-generated music, excludes it from recommendations, and excludes it from royalty payouts. 701,111 streams of AI-generated tracks have been identified as fraudulent.

    In 2025, Spotify implemented stricter policies: anti-impersonation (no AI voices imitating living artists), AI spam filters (millions of tracks removed), and disclosure requirements. If Suno/Udio output violates Spotify policies, users cannot generate revenue from it.

    This gives streaming platforms indirect leverage via AI music companies. And it creates incentives for users to only use licensed major label collaborations – not pure AI generation.

    Universal announced plans to launch Udio, a platform in 2026 that will exclusively use licensed music for AI training. This is strategically brilliant: Udio won't be a viable mainstream product without a UMG partnership. Instead, UMG is building a controlled AI tool that leverages its catalog. Revenue flows to UMG.


    Global fragmentation: GEMA, EU and beyond the USA

    The US settlements are not the end of the story. In January 2025, GEMA (Germany Copyright Society) filed a lawsuit against Suno for training on GEMA-administered works without a license. Germany has stronger creator protections than the US – copyright law is closer to moral rights. GEMA represents over 2 million works.

    Suno has not reached a settlement with GEMA. This suggests that either Suno is planning to leave German markets, or negotiations with GEMA are ongoing but not public.

    The EU is working on AI Act amendments that would regulate training data provenance: artist opt-out would be required (not opt-in as in the WMG deal), along with compensation frameworks for training data usage. This is in direct contrast to Suno's approach.

    A fragmented scenario could emerge globally:

    • USA: Licensed Suno (post-WMG deal)
    • EU: More regulated, creator-protectionist
    • China: Completely separate AI music ecosystem (Baidu, Alibaba with their own tools)
    • Rest: Mixed, depending on local IP frameworks

    This fragments Suno's promise of a global platform.


    The double movement: Who wins, who loses

    The balance is clearly asymmetrical:

    Winner:

    • Warner, Universal, Sony: Revenue streams, licensing fees, equity upside
    • Suno/Udio Management: Survival, IPO pathway clarified
    • Major label artists (opt-in): Direct income for name/likeness usage

    Loser:

    • Independent Musicians: Excluded from settlements, class action as the only remedy
    • Free-Tier Users: Access to downloads removed
    • Paid-Tier Users (existing): Unexpected ToS changes, old models deprecated
    • Music Tech Startups (non-major): Precedent against Fair Use

    The paradox: Warner won by losing. Original position: Suno coaches without a license, that's infringement. New position: Suno coaches with a license, we profit. Net result: More control, new revenue, narrative of artist protection.

    Indie labels lost out by not being played. Original position: Music is art, artists have rights. New position: Music is a licensed asset, only labels negotiate. Net result: Less power, class action as the only remedy.


    The question of meaning: What does this mean for creativity and the future?

    The narrative for 2023-2024 was: AI music democratizes creation. Anyone can make radio-quality music without label gatekeeping.

    2025 is the reality: AI music will be re-centralized through licensing gates. The gatekeepers haven't disappeared – they've adapted.

    This is hegemon adaptation, not innovation defeat.

    Suno's original position (2023-2024): Open platform, any user, training on any internet music, free export. Settlements position (2025): Licensed platform, opt-in major artists, limited downloads, major label oversight.

    This is a complete reversal – not due to technical limitations, but due to legal pressure. If legal pressure could force this, the same pressure could be applied to other AI tools. Every AI music company now faces the same lawsuit IP settlement trajectory.

    For independent creators, the settlement signals:

    1. Their music was probably trained without consent (if it was released on the internet).
    2. Major-label settlements will not protect you (you are not at the table).
    3. Class action is your only remedy (slow, uncertain, collective)
    4. The promise of democratization has been broken (AI tools are once again behind licensing walls).

    For young musicians who saw Suno as an "escape from label gatekeeping": This escape route is now closed.


    Epilogue: The Dual Movement Revisited

    The Suno-Warner agreement symbolizes a deeper transformation:

    Superficial: Settlement between startup and major label; artist protection through opt-in models

    Deep foundation: A new form of control where labels become gatekeepers of AI music tools themselves, not just distribution.

    Consequence: Promises of decentralization dissolved; creator economy re-centralized under a label control regime.

    This is not a failure of the AI Music project. It is the assimilation of the project by existing power structures.

    The winners are the majors that have transformed an existential disruptive risk into a new revenue category.

    The losers are independent artists, free-tier users, and the utopia of a decentralized, creator-first music industry.

    Whether this is "progress" or "defeat" depends on your perspective. From the label's perspective: brilliant adaptation. From the independent creator's perspective: the promise's capitulation to the heel of existing power.

    Both are true.


    This article is based on verified sources including TechCrunch, Billboard, Music Business Worldwide, Deezer Newsroom, US Copyright Office Reports, Reuters, Rolling Stone, and Bloomberg. Research date: November 28, 2025.

    Related articles

    Recent articles