Comment by conradev
6 months ago
The problem here is there is no “test” that is known to work here other than checking for direct infringement, which they have a responsibility to do (as they don’t have a license to the originals).
Anything remotely beyond that and we have teams of humans adjudicating specific cases: https://library.mi.edu/musiccopyright/currentcases
I mean, I was speaking more to the breakdown of the metaphor than the argument itself but if that's your response then it tells me that there is no reasonable way that Suno can ever really claim fair-use. I can't imagine being one of the artists whose material Suno has trained on and being told: "We have no idea when or if it will generate copyrighted content, or how to test for it. But we will continue to use your material and arbitrate on a case-by-case basis as it is brought to our attention." That sounds insane.
Surely, for Suno to claim fair usage and be given free reign to build a commercial business off of literally anyone's original works then the bare minimum bar for allowing that usage would be: make a satisfactory test to prove that you're always doing something transformative and original, within practical limits.