Can You Copyright an AI-Assisted Song? What Music Creators Need to Know

Related Video: Who Owns an AI Song?

On Music Row Dealmakers, entertainment attorney Barry Neil Shrum breaks down what songwriters actually own when they use AI. Subscribe for more.

AI music tools have moved from novelty to normal studio equipment. Writers use them to brainstorm lyrics, producers use them to generate stems, and some tracks are generated almost entirely from a text prompt. The legal question every creator is asking: who owns the result?

The rule: copyright requires a human author

The U.S. Copyright Office has consistently held that copyright protects only material created by a human being. The courts agree. In Thaler v. Perlmutter, the D.C. Circuit upheld the Office’s refusal to register an artwork created autonomously by an AI system, and the U.S. Supreme Court declined to hear the case on March 2, 2026. For now, the human-authorship requirement is settled law.

Prompts are not enough

In January 2025, the Copyright Office released Part 2 of its report on copyright and artificial intelligence, focused on copyrightability. Its key conclusions:

• Prompts alone generally do not make you the author of the output, because the user does not control how the AI expresses the idea.
• Human creative contributions remain protected. Lyrics you write, melodies you compose, and your own performance are yours, even if AI was used elsewhere in the work.
• Selection, arrangement and modification count. Creatively choosing, arranging or substantially editing AI-generated material can be protected, though only the human contribution is.
• AI as a tool is fine. Using AI to assist (for example, mixing, mastering or idea generation) does not disqualify a work that reflects sufficient human authorship.

How to register AI-assisted music

When you apply to register a work containing more than a minimal amount of AI-generated material, the Copyright Office requires you to disclose it and to describe the human-authored contribution you are claiming. In practice:

1. Identify what you created (lyrics, melody, arrangement, performance) and claim that.
2. Exclude AI-generated material in the “material excluded” portion of the application.
3. Do not over-claim. A registration that hides AI-generated content can be challenged or cancelled later.

The training-data fight

A separate question is whether AI companies may train on copyrighted recordings without permission. In 2024 the major labels sued AI music services Suno and Udio. Several of those claims have since settled into licensing partnerships, while others remain in active litigation in federal court. The outcome will shape what AI tools can lawfully offer, and what licensing income may flow back to rights holders.

Practical tips for creators

• Keep records. Save drafts, session files and notes showing your creative choices.
• Read the tool’s terms. Some AI platforms claim rights in outputs or restrict commercial use.
• Disclose to collaborators and labels. Many publishing and recording agreements now include AI representations and warranties.
• Note AI use on your split sheet. It will matter at registration time.

We advise songwriters, producers, labels and technology companies on copyright registration, AI policies and licensing. If you are unsure how to protect an AI-assisted project, reach out before you release it.

Further reading

• U.S. Copyright Office: Part 2 of the Artificial Intelligence Report
• SCOTUSblog: Thaler v. Perlmutter

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, contact Shrum Disney & Associates or call 615.338.5130.