Who owns a song made with AI — me or the tool company?

LAST VERIFIED 15 Jul 2026

Two different questions hide here. Copyright: purely AI-generated material has no US copyright owner at all (human-authorship requirement); your human contributions are yours. Contract: whether YOU may commercially use the output depends on the tool's terms of service, which vary by product and plan.

Ownership vs. permission

Copyright ownership. Under Thaler v. Perlmutter (D.C. Circuit 2025, cert denied March 2026), purely machine-generated works have no author and therefore no copyright — nobody owns them, including the tool company. Your human creative contributions (lyrics, arrangement, performance, substantial editing) are protectable and belong to you.

Contractual permission. Separately from copyright, every generation tool's terms of service allocate usage rights between you and the company — typically varying by free vs. paid tier, and sometimes claiming licenses back to the company. These terms change often and differ per product. Our Tool records track commercial-use statements with dates and sources; always confirm against the tool's current official terms before releasing commercially.

The trap in between

The uncomfortable middle: output you're contractually allowed to sell but nobody owns under copyright can be re-used by others without infringing your rights in the AI-generated parts. Your protection strategy is maximizing genuine human contribution — which is also what makes the work registrable.

Records cited

rights policy itemThaler v. Perlmutter

Primary sources

Related questions

Structured information, not legal advice.

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