On Getting Paid Using The Black Magic of AI Music
I just wrapped another paid gig this weekend for a VR game, creating AI-generated music for six levels. My clients asked for music that fit each level—a different genre per level—that played in the background during gameplay.
I am ex-Activision. This is fun for me. The game creator was dancing around in my living room with his Meta helmet on, playing the levels with the volume down while I prompted the music. We went from thinking up stupid clown music to psychedelic vibrato guitar to Combustible Edison’s “Cadillac,” then realized it was a bachelor pad atmosphere on a patio—but for cats and dogs. When we nailed it, we nailed it.
In one day of prompting, and without a lot of waiting around, I wrote truly awesome music for a tricky level that needed just the right touch. All things considered, they were out the door inside forty-eight hours. And then I Zelled them. I freakin’ Zelled them, baby.
I can write a prompt, replace a lyric, sherpa a client through mazes of modern legality, master a track, make a record cover, and get onto twenty-three stores on DistroKid faster than most producers around here can push you into a recording booth for the umpteenth and largely unnecessary take.
Is it legal? Yes.
Genres, chord progressions, rhythms, tempos, instrumentation, and the overall feel of a style cannot be copyrighted. No one owns “blues,” an “EDM drop,” or basic ideas like that.
Key Cases:
Skidmore v. Led Zeppelin (Ninth Circuit, 2020): Basic musical elements get very limited protection. The estate of Randy Wolfe (Spirit) had claimed that the opening of "Stairway to Heaven" infringed the 1967 instrumental "Taurus." Led Zeppelin won.
Structured Asset Sales v. Sheeran (Second Circuit, 2023–2025): Common chord progressions are not protectable. Sheeran won clean.
With Suno Premier you own the songs generated during your active subscription and you get a full commercial use license that lets you monetize them however you want. This means you can sell the tracks outright to clients just like my VR game gig. License them! License the f out of them all! License them for video games, videos, ads, podcasts, or sync placements, upload and distribute them through DistroKid, Spotify, Apple Music, YouTube Music, Bandcamp and the rest. Use them in your own projects, in other people’s projects. Sell downloads or physical copies, and earn money from streaming royalties, YouTube monetization, or any other client work.
The legal test is “substantial similarity.” Drawing inspiration from artists and genres is normal—humans ape each other, borrow tricks. We start with covers.
Distinguo:
“Suno, make me music that sounds exactly like Bad Bunny” = lawsuit.
“High-energy reggaeton track with deep Latin trap beats, bouncy dembow rhythm at 160 BPM, heavy 808 bass, catchy Spanish-language hooks, smooth auto-tuned vocals, urban party atmosphere with perreo vibes, tropical percussion, and a fun, confident swagger feel like summer nightlife in Puerto Rico.” = you’re good.
Just document everything. Keep your prompts, lyric drafts, version history, and any DAW edits. That proves human authorship if anyone ever pushes back.
And whenever you write a contract using AI-generated material, add this codicil:
Section [X]: AI-Generated Music Disclosure and Intellectual Property
Client acknowledges and agrees that certain portions of the music provided under this Agreement, including but not limited to compositions, instrumentals, arrangements, or sound elements (collectively, the “Music”), may be generated in whole or in part using artificial intelligence tools and systems (“AI-Generated Music”).
Provider represents that it has selected and used reputable AI tools in accordance with their applicable terms of service and has applied human creative input, curation, editing, and arrangement where appropriate. However, Provider makes no warranty, express or implied, that the AI-Generated Music is free from any potential claims of copyright infringement, as AI systems are trained on large datasets that may include copyrighted material, and the legal landscape regarding AI outputs remains evolving. Client accepts the Music on an “as is” basis with respect to any AI-generated elements.
Client agrees to assume all risks associated with the use, distribution, licensing, or public performance of the AI-Generated Music, including any third-party claims of copyright or intellectual property infringement. To the fullest extent permitted by law, Client hereby releases, waives, and discharges Provider, its officers, employees, agents, and affiliates from any and all claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or related to any alleged copyright infringement or other intellectual property claims concerning the AI-Generated Music.
Provider shall not be liable to Client or any third party for any such claims, and Client agrees to indemnify, defend, and hold harmless Provider from any losses arising from Client’s use or exploitation of the Music if such use contributes to or triggers a claim. This provision survives termination or expiration of the Agreement.
There you go. Now go make some money
