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I think it's more straightforward to argue it's transformative fair use.





Transformative is one of 4 conditions that the court uses to decide if something is fair use. This question is still in active litigation in the courts.

fair use requires it be non-profit which doesnt work for suno

I don’t think that’s true. Parodies are protected as transformative fair use and plenty of them are for-profit.

you're right it's a grey area, but in the field of music specifically, it's some of the most stringent requirements. the more creative it is, the more it replaces the market for the original, the less of a parody it is (not weird al), the more you will struggle to use fair use as a defense. suno generating music hits all the parts of "this is hard to defend" while also being in the the most litigious possible industry for fair use

Not according to US federal statute.

Fair use encompasses a lot of possible scenarios involving copyrighted works which may or may not be commercially licensed: transformative derivative works, short excerpts for purposes of commentary, backups of copies obtained legally, playback for face-to-face instruction, etc.


Fair use has consideration for whether the derivative work disrupts the market for the original, it doesn't mean you can't use it for profit as we saw with the Google books case.



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