German Court Hands Suno Its First Major Copyright Defeat

A new survey found most Americans don't want AI-made entertainment, signaling continued skepticism toward artificial intelligence in music and media.

July 31, 2026

On Friday (July 31), the Munich Regional Court issued a ruling that the global AI music industry has been bracing for since January 2025: Suno lost. Judge Elke Schwager sided with German collecting society GEMA on virtually all counts, finding that Suno was not entitled to process music from GEMA’s repertoire without a license or payment, that storing protected songs in its model violated German reproduction rights, and that outputs generated from those songs violated the making-available right. The Munich Regional Court ruled that Suno is in breach of German and US copyright law by training its AI systems on songs from GEMA’s repertoire and storing and reproducing them, requiring AI companies to pay to license material for the systematic use of GEMA’s repertoire and its commercial exploitation. The court ordered Suno to disclose revenue linked to the infringement and declared it liable for damages, with the specific amount to be determined in a subsequent proceeding. The ruling is a first-instance decision and can be appealed, but its immediate effect is clear: for the first time anywhere in the world, a court has found that a generative AI music company must license the catalogs it learns from.

The case centered on six specific musical works, including Boney M.’s “Rasputin,” Alphaville’s “Forever Young,” Lou Bega’s “Mambo No. 5,” and Boney M.’s “Daddy Cool.” At a March hearing, GEMA presented evidence that Suno’s AI-generated outputs matched the original compositions in melody, harmony, and rhythm after being prompted with song titles or artist names, demonstrating what the society called “memorization” of protected works rather than mere stylistic inspiration. That distinction is legally significant: GEMA argued, and the court agreed, that Suno’s models did not simply learn general musical patterns but stored and reproduced the underlying protected works in a way that required a license. As Variety reported, the ruling covers both model training and output generation, addressing the full chain of AI music creation rather than only one dimension of it.

GEMA CEO Tobias Holzmüller described the decision in sweeping terms. “This is a verdict of global significance,” he told Reuters, adding that the ruling establishes that AI companies must license music catalogs “for the systematic use of GEMA’s repertoire and its commercial exploitation.” The German government’s culture representative, Wolfram Weimer, called the verdict “an important signal to support creators’ rights in the digital music industry,” while calling for a regulatory framework that “strengthens innovation and creativity.” GEMA, which represents 95,000 members in Germany including composers, lyricists, and music publishers, as well as over two million rights holders worldwide, filed the lawsuit in January 2025 after Holzmüller declared that the generative AI market had “so far lacked basic principles such as transparency, fairness and respect.”

Suno rejected the ruling directly. “We disagree with today’s ruling, which rests on a fundamental mischaracterization of how Suno’s technology works, how it is used and how US law applies, and are evaluating all available options, including an appeal,” the company said in a statement. The reference to US law is telling: Suno’s central defense in its pending Massachusetts fair use case against UMG and Sony has been that AI training on copyrighted music is a transformative fair use under US copyright law. German copyright law does not contain an equivalent fair use doctrine, which is part of why GEMA chose Munich as the jurisdiction for its case. The Munich court’s ruling does not bind any US court, but as Billboard noted, it is the first major legal blow to an AI music company anywhere in the world and will be cited in every subsequent AI copyright proceeding internationally.

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The ruling’s significance is amplified by what preceded it at the same Munich court. In November 2025, the same 42nd Civil Chamber found against OpenAI in GEMA’s separate lawsuit over ChatGPT’s use of German song lyrics, marking the first time any European court had ruled in favor of creators whose works were used by a generative AI system. The GEMA-Suno ruling extends that precedent from lyrics to playable music tracks, which GEMA has described as its “core business.” GEMA is also pursuing a separate copyright claim against Suno in Denmark through collecting society Koda, meaning the European legal front against Suno is widening regardless of how the Munich ruling is appealed.

The ruling lands at one of the most consequential moments in Suno’s legal history. The company raised $400 million in a Series D round in June at a $5.4 billion valuation, has over 100 million users, and is generating an estimated $300 million in annual revenue. It remains in active litigation with UMG and Sony Music in Massachusetts, where a fair use summary judgment ruling is expected later this summer. Hagens Berman, the firm that won $260 billion from Big Tobacco, joined the independent artist class action against Suno in June. The AFM’s lawsuit against UMG and Warner over session musician exclusion from AI licensing deals is pending in New York. And Google is simultaneously arguing in its own Lyria 3 case that AI training on publicly available content is categorically fair use. The Munich ruling does not resolve any of those cases. What it does is establish, for the first time, that a court outside the United States is willing to hold an AI music company fully liable for training on copyrighted works without a license. Every rights holder watching those other cases just received the most significant legal validation yet that the argument they are making can win.

 

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