AI Law, Music & Identity: May 2025 Creator Deep Dive

Gary Whittaker

AI Law, Music & Identity: May 2025 Creator Deep Dive

What happens next will define your rights. From lawsuits to legislation, here’s how May reshaped the future for AI musicians and content creators.


1. Record Labels vs. AI Music Models: Suno & Udio Face Legal Fire

The lawsuits filed in 2024 by Universal Music Group, Sony, and Warner against Suno and Udio reached a turning point in May 2025. At stake: whether AI music models can legally train on copyrighted works without licensing deals.

What Happened:

  • On May 10, a federal judge ordered UMG to produce song deposit copies and artist contracts—a key step toward proving ownership of the recordings allegedly used by Udio.

  • Suno pushed for similar discovery in its own case in Massachusetts.

Why It Matters to You:

If the courts side with the record labels, AI tools like Suno and Udio may need to license their entire training sets. That could:

  • Increase cost of access for creators

  • Limit the style range or output diversity of AI tools

  • Force transparency on how your prompts affect final outputs

But if Suno or Udio win, it could reaffirm that style-based generation ≠ copyright infringement, creating more breathing room for AI musicians.

The Bigger Fight: "Style Transfer" ≠ Fair Use?

Labels claim that AI outputs mimic specific artists—down to vocal tone and arrangement—constituting unauthorized derivative works. If accepted, this argument could redefine how "inspiration" is treated in generative models.

Creator Advocacy: You Saw This Coming

In fact, these risks to open access and creative equity were anticipated last year. That’s why I launched a petition to protect independent creators' rights to ethically use and benefit from AI music tools.
👉 Music for Everyone: Support AI Music Creators

That message—that music innovation shouldn't be gatekept by legacy industries—is now more urgent than ever.


2. The NO FAKES Act: Congress Gets Serious About AI Cloning

On May 21, the U.S. Senate held hearings on the NO FAKES Act (S.1367), a bill that would outlaw AI-generated impersonations of real voices, faces, and likenesses without consent.

What’s In the Bill:

  • Federal right of publicity (applies to your voice, face, name, etc.)

  • Bans deepfakes without permission

  • Requires platforms to offer takedowns

  • Protects satire, parody, and journalism

  • Clarified in May: Fictional AI avatars are still allowed

Testimonies That Moved the Needle:

  • Martina McBride: “AI shouldn’t erase my voice from me.”

  • RIAA: “Consent is the new copyright.”

  • YouTube Policy Chief: Called for clearer opt-outs and creator controls

Why It Matters to You:

This bill would give you legal power to:

  • Block unauthorized AI covers of your voice

  • Force takedowns of impersonations or “tribute” songs using your style

  • License your likeness commercially on your terms

The bill has bipartisan support and is expected to pass by end of year.


3. House Response: The No AI FRAUD Act

Running in parallel is the No AI FRAUD Act (H.R. 6943) in the House of Representatives. It’s more aggressive about penalizing platforms that distribute fake or unauthorized content.

Key Features:

  • Civil penalties for developers and platforms that profit from fake content

  • Covers names, faces, voices—even partial impersonation

  • Applies even if you’re not a “celebrity”

For independent creators, this means more control over how your identity is used—even if someone tries to clone your voice in an underground drop.


4. Copyright Office Report: AI Training ≠ Automatic Fair Use

On May 17, the U.S. Copyright Office published Part III of its ongoing review of AI and copyright.

Key Findings:

  • No blanket fair use for AI training

  • Market harm is key: If your work would’ve been licensed, AI use may not be fair

  • Licensing models are preferred and will be encouraged

Fallout:

  • The Copyright Office director Shira Perlmutter was abruptly dismissed days after. Speculation swirls that political or tech-industry pressure played a role.

Why It Matters to You:

This report:

  • Validates that your original music could require licensing if used in AI training

  • Signals that fair use will not shield companies from lawsuits if they scraped your content

  • Makes your copyright more enforceable in future AI lawsuits


5. FTC: AI Misuse Now a Consumer Fraud Issue

Under Operation AI Comply, the FTC began taking real action in 2025. Enforcement targeted platforms using deceptive claims or AI impersonation.

Fines and Bans:

  • DoNotPay: Fined for fake legal services and impersonating attorneys

  • Rytr: Penalized for fake testimonials from AI

  • Workado: Forced to retract false AI plagiarism claim accuracy

What’s Coming:

The FTC announced upcoming rules on:

  • AI voice cloning and robocalls

  • Transparency in AI-generated ads and endorsements

  • Disclosure requirements for AI music used in marketing

For Creators:

If you’re:

  • Using AI vocals

  • Selling AI-based services

  • Marketing your songs with “AI-generated” or “artist trained” claims

…You’ll need to substantiate everything. Enforcement is real. Fines are growing.


6. Global Moves: Consent, Attribution, and Limits

Across the globe, AI content laws are also tightening.

Consent & Labeling

  • EU AI Act (Passed May 2025):

    • Mandatory labeling of AI music and video

    • Rights-holder opt-out mechanisms

    • Model transparency: Training source logs may be required

  • China’s Deep Synthesis Rules:

    • All AI video/audio must be watermarked

    • Proof of consent required for all voice likeness uses

Data Use & Attribution

  • Japan: Data mining allowed for AI training under existing rules

  • UK: Issued soft guidance suggesting attribution and permission but stopped short of mandates

For U.S. Creators:

You may soon need to:

  • Label your AI songs on Spotify, YouTube, etc.

  • Prove you didn’t train your model on copyrighted music

  • Respect opt-outs from artists who don’t want their style used

If you want your music to be global, your tools and process may need to comply globally too.


Final Takeaway: Your Rights Are Being Written Right Now

This is not a drill. May 2025 changed the trajectory of AI music, identity, and authorship laws.

✅ If you’re a content creator using AI:

  • Watch how Suno and Udio’s cases unfold

  • Prepare for consent, labeling, and licensing to become standard

  • Know that impersonation and style theft will soon carry legal risk

✅ If you’re building a brand:

  • Secure your name, voice, and look

  • Use AI tools that are transparent

  • Stay compliant now to avoid being targeted later


If you create with AI, monetize with AI, or brand yourself through music, your future is on the table. The rules are being written—and May 2025 was the first chapter.

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