AI Music Battle: Suno Moves to Dismiss Isbell Suit
The AI company argues that using artist names to describe musical styles is a universal practice protected by the First Amendment, not a violation of state publicity laws.
By Aiko Soto ·
Suno filed a motion on Tuesday to dismiss the class-action lawsuit brought against it by Americana singer Jason Isbell.
The AI music company argues that its current design does not violate state publicity laws. The core of the defense is that users frequently invoke artist names to describe specific genres or tones. Suno contends that this practice is standard in the music industry and should not be subject to legal restriction.
Isbell joined musicians David Lowery, Guy Forsyth, and Eduardo Calle in filing the suit in August. The group alleged that Suno exploits artists' identities whenever users request tracks that mimic an artist's output. They claimed this practice violates state publicity laws, which generally protect an individual's name and likeness from commercial exploitation.
The defendants' filing contrasts this case with previous copyright disputes. While Suno has faced other lawsuits and settlements regarding copyright infringement, this case focuses specifically on the element of identity. The plaintiffs argue that a musician's identity remains protected regardless of whether they settle a copyright claim or opt into training data.
The lawsuit details how users can bypass Suno's safety guardrails. Plaintiffs claimed that users can access specific 'voiceprints' by using prompts that avoid direct name usage. Examples include asking for a track with a specific artist's 'tone and phrasing,' using real names for stage names, or adding spaces between letters in a name.
Suno attorney Andrew Gass wrote that the complaint relies on the premise that the law condemns a universal practice. He noted that musicians often ask human producers to mimic another artist's tone. Gass stated that Congress chose not to grant intellectual property protection to artistic styles to allow creators to build on prior works.
Gass argued that the plaintiffs' theory would create a shadow state law intellectual property regime. He said this would fundamentally conflict with the federal regime that has been in place for more than two centuries. The filing asserted that there is nothing unlawful about invoking an artist's name to describe a genre.
Suno denied the claims regarding voiceprints and stated that its actions are no different than a musician asking a producer for a specific vibe. An attorney for the plaintiffs did not respond to an immediate request for comment.
