The Algorithmic Author: China, the EU, and the US Grapple with Copyright in the Age of Generative Music

The rapid ascent of generative music systems has created a profound legal vacuum, one that the recent analysis by Chinese scholar Yiping Cao, published in the Computer Law & Security Review, seeks to fill. The study, “Governing copyright risks in generative music systems: The Suno case in the EU, US, and China,” dissects a landmark legal confrontation. Suno, an AI music generator, found itself at the center of a copyright storm when its outputs were alleged to have replicated protected works. This single case has become a crucible for testing how different jurisdictions—the European Union, the United States, and China—define authorship, infringement, and fair use in a world where the “creator” is a machine.

For Chinese scientists and policymakers, this is not merely a matter of legal abstraction. As China accelerates its own AI and creative industries—from autonomous music composition to AI-generated film scores—the need for a clear, predictable, and innovation-friendly copyright regime is acute. The Chinese approach, as illuminated by this research, is likely to balance the protection of existing intellectual property with the desire to foster a domestic AI ecosystem capable of competing on the world stage. The Suno case provides a comparative roadmap, revealing how the EU leans on strict data governance, the US relies on its flexible fair use doctrine, and China seeks a pragmatic middle path that prioritizes industrial development.

The broader significance for global professionals is immense. The outcome of this legal debate will determine the royalties, licensing structures, and creative freedoms underpinning an entire industry. For investors, it defines the risk profile of AI creative tools. For researchers, it clarifies the boundaries of permissible training data. For China, its strategic choices in this arena will not only shape its own booming digital economy but will also influence international norms, potentially offering a third model for governing the intersection of code and creativity.

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