Per the "Pro tip" on the same page, are you able to share your invoice for the membership, by chance? It will serve as provenance for this and any other songs you produce and share here.
If you created the songs while subscribed, you remain the owner of the song after you cancel your subscription. You will retain the commercial use license as well, so you can distribute the song(s) after you end a subscription.
Good. You own the songs and can distribute them how you want, including for free as you have done here.
"This covers anything uploaded to the site that was fully or in part created by AI"
Is that not already made apparent by the following definition of "A.I. Artwork"?
"Art that used Artificial Intelligence / Generative Adversarial Networks as a tool to create it."
The comercial rights are covered (hopefully) in the terms and service and also on the pricing page.
I can't seem to find anywhere in the terms and services where that is indicated, or what is (differently) allowed. As you noted, the TOS say "unless otherwise expressly authorized herein or in the Service", but the issue now is that I can't actually find where that is "otherwise expressly authorized." I am guessing it is, just not where I've been looking.
I'm curious if you feel that having a comercial licence from that site makes a difference. Does it impact liability in any way?
Yes, it definitely does. Perhaps not enough of a difference, if we can't find where they indicate your irrevokable ownership under pro/premeir membership, but as the owner you would have the copyright to license it and the derivatives as CC0 or however else you wanted... (assuming the courts don't kabosh the whole AI thing due to infringment of training data, but that is an issue out of our hands, so we're leaving that part alone until they make a decision)
Liability? Well, yes. If you don't have a pro/premier membership when you created the assets, but then share the assets with others, and those others use them for commercial purposes, they have violated the terms of Suno downstream, which makes you liable for sharing them and implicitly (CC0 license) telling others they can use them in commercal applications.
"I feel that the issues that the site cares about still apply"
I'm not sure what you mean. Which site? OGA or Suno? What issues?
Ah, I see. There are different terms for paying members. Now we need to determine if the difference in terms allows you to share the output, for commercial purposes, with other non-pro/non-premier users. Do you see where the different terms for pro/premier users are listed? and also, were you a pro or premier user at the time the above assets were generated?
@Bump'n Todd: Thank you for linking to the Suno TOS page. Having reviewed some of it, I am concerned by the following section: "Conditions of Access and Use" § "Commercial Use"
"..you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service, and any Output, for any commercial purposes."
(Emphasis mine) If the output of Suno cannot be used for any commercial purposes, the derivatives (above) are not compatible with the CC0* license *(or any other license accepted on OGA) because CC0* allows commercial use. Please let me know if I am missing a detail of the TOS that would shed some different light on my interpretation.
"... Please make a carification in the music section as well."
That doesn't seem necessary. Again, the word "Art" means music, sound effects, 3D models, textures, 2D images, and concept art, and documents. The submission guidelines talking about "A.I. Artwork" apply to all artwork, including music. This is not an obscure use of the word "artwork" that needs additional clarification. There is also a section about Copyright and Trademarks as well, yet it doesn't explicitly mention music. Are you assuming the copyright and trademark guidelines therefore don't apply to music?
"...Are you hosting materials that you did not 100% create?"
Yes. Almost all of the assets on this site I did not 100% create. Fortunately, those that did create them have a clear provenance and licensing.
Currently, AI assisted assets do not. I hope that changes, but until then, it is a legal risk for our users to utilize AI assets. Which is why they are flagged as having a "potential licensing issue."
The motivations for this are already outlined in the submission guidelines and the "AI Assisted Artwork" collection, which you have seen, but apparently need some clarification. It would be better to address any questions you have on that thread, but I am happy to answer questions here as well, if you would prefer.
"Art" includes music. All submissions on this site are forms of art, not just graphical art. The requirements for AI assisted art submissions apply to music in the same way.
All AI tools (GANs et al) apply to this requirement. It is your responsibility as the submitter to list which technologies were used in the creation of the assets above. If you are unable or unwilling to do so, I must remove the submission.
Per site submission guidelines, please indicate in the description above: the specific AI technologies used, their versions, and a link to the AI technologies' Terms of Use page.
Per the "Pro tip" on the same page, are you able to share your invoice for the membership, by chance? It will serve as provenance for this and any other songs you produce and share here.
Aha! found it: https://help.suno.com/en/articles/2421505
Good. You own the songs and can distribute them how you want, including for free as you have done here.
Is that not already made apparent by the following definition of "A.I. Artwork"?
I can't seem to find anywhere in the terms and services where that is indicated, or what is (differently) allowed. As you noted, the TOS say "unless otherwise expressly authorized herein or in the Service", but the issue now is that I can't actually find where that is "otherwise expressly authorized." I am guessing it is, just not where I've been looking.
Yes, it definitely does.
Perhaps not enough of a difference, if we can't find where they indicate your irrevokable ownership under pro/premeir membership, butas the owner you would have the copyright to license it and the derivatives as CC0 or however else you wanted... (assuming the courts don't kabosh the whole AI thing due to infringment of training data, but that is an issue out of our hands, so we're leaving that part alone until they make a decision)Liability? Well, yes. If you don't have a pro/premier membership when you created the assets, but then share the assets with others, and those others use them for commercial purposes, they have violated the terms of Suno downstream, which makes you liable for sharing them and implicitly (CC0 license) telling others they can use them in commercal applications.
I'm not sure what you mean. Which site? OGA or Suno? What issues?
Ah, I see. There are different terms for paying members. Now we need to determine if the difference in terms allows you to share the output, for commercial purposes, with other non-pro/non-premier users. Do you see where the different terms for pro/premier users are listed? and also, were you a pro or premier user at the time the above assets were generated?
LOL! What sort of clarification did you have in mind?
@Bump'n Todd: Thank you for linking to the Suno TOS page. Having reviewed some of it, I am concerned by the following section: "Conditions of Access and Use" § "Commercial Use"
(Emphasis mine) If the output of Suno cannot be used for any commercial purposes, the derivatives (above) are not compatible with the CC0* license *(or any other license accepted on OGA) because CC0* allows commercial use. Please let me know if I am missing a detail of the TOS that would shed some different light on my interpretation.
That doesn't seem necessary. Again, the word "Art" means music, sound effects, 3D models, textures, 2D images, and concept art, and documents. The submission guidelines talking about "A.I. Artwork" apply to all artwork, including music. This is not an obscure use of the word "artwork" that needs additional clarification. There is also a section about Copyright and Trademarks as well, yet it doesn't explicitly mention music. Are you assuming the copyright and trademark guidelines therefore don't apply to music?
Yes. Almost all of the assets on this site I did not 100% create. Fortunately, those that did create them have a clear provenance and licensing.
Currently, AI assisted assets do not. I hope that changes, but until then, it is a legal risk for our users to utilize AI assets. Which is why they are flagged as having a "potential licensing issue."
The motivations for this are already outlined in the submission guidelines and the "AI Assisted Artwork" collection, which you have seen, but apparently need some clarification. It would be better to address any questions you have on that thread, but I am happy to answer questions here as well, if you would prefer.
That is incorrect.
"Art" includes music. All submissions on this site are forms of art, not just graphical art. The requirements for AI assisted art submissions apply to music in the same way.
All AI tools (GANs et al) apply to this requirement. It is your responsibility as the submitter to list which technologies were used in the creation of the assets above. If you are unable or unwilling to do so, I must remove the submission.
Per site submission guidelines, please indicate in the description above: the specific AI technologies used, their versions, and a link to the AI technologies' Terms of Use page.EDIT: Fixed, thanks! :)
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