Can You Use AI-Generated Music in a Film Commercially? What I Learned Scoring Lost Garden

Film composers have a vital question to answer as AI music tools become more prevalent: Can AI-generated music be legally used in a commercial film without a copyright issue? The U.S. Copyright Office has clarified that purely AI-generated music does not automatically qualify for copyright protection. While the Office has stated that human contributions can strengthen a claim of real authorship, a simple prompt-and-render approach is likely not protectable. However, there are two important caveats:

Firstly, using a paid Suno or Udio plan grants you a commercial license to use the generated tracks in a film, but this license is distinct from copyright ownership. The platform's license does not extend to third-party rights, so if the AI output resembles an existing copyrighted recording, you may still face infringement issues. Additionally, the platform's terms do not protect you against potential claims from competitors.

Secondly, festivals and distributors take music rights very seriously because of the standard Errors & Omissions insurance required for distribution. This policy often includes an explicit exclusion for AI-generated material, or at least requires a representation that no AI-generated content is present. Without proof of rights, a festival may deny acceptance, and distributors may refuse to insure your film.

To navigate this complex landscape, filmmakers should use a paid plan for AI music generation, keep detailed records of prompts and model versions, and consider adding a meaningful human arrangement pass to the AI output. While AI-generated music presents some risks, treating it like any other unlicensed element and documenting the process can help filmmakers avoid copyright pitfalls and secure permission for their creative work.