Quick answer
In the U.S., a purely AI-generated song is not eligible for copyright protection as of 2026. If a human contributes meaningful creative input (lyrics, arrangement, performance), the human-authored parts may be copyrightable. Commercial use of AI music depends on the app's terms of service, not on copyright law.
Not legal advice. This article is a plain-English summary of public U.S. Copyright Office guidance and current case law. If you're planning to license, sell, or sync AI music commercially, talk to an actual lawyer.
What the U.S. Copyright Office has said
The U.S. Copyright Office has, since 2023, consistently held that copyright protects only works of human authorship. A song generated entirely by an AI from a text prompt is, in the Office's view, not eligible for copyright. This was reaffirmed in the Office's 2024 and 2025 reports on AI and copyright.
The reasoning: copyright requires authorship, and authorship is a human attribute. An AI, even a very capable one, is not a person.
What about human plus AI?
This is where it gets nuanced. If a human:
- Writes lyrics themselves and uses AI only for music, or
- Selects, arranges, and edits AI output in a way that shows meaningful creative judgment, or
- Performs over an AI-generated backing track,
then the human-authored portions may be eligible for copyright. The AI-generated portions still are not. A registration for a hybrid song typically has to disclaim the AI portions.
Can you use AI music commercially?
This is the more practical question. The answer depends not on copyright law but on the terms of service of the AI app you used.
| App | Free tier commercial use | Paid tier commercial use |
|---|---|---|
| Suno | No (personal only) | Yes (Pro / Premier) |
| Udio | No | Yes (Standard / Pro) |
| Stable Audio 2 | No (watermarked) | Yes (Pro) |
| AIVA | Limited | Yes (Pro / Pro+) |
| Boulevard | Listen only. No reuse. | Listen only. No reuse. |
Note Boulevard's row. We're a listening app, not a generator. We don't sell "use this song in your YouTube video" rights because that's not what we do. If you want commercial AI music, use Suno Pro, Udio Pro, AIVA, or another generator with explicit commercial terms.
Boulevard's position
Boulevard is the AI alternative to Spotify. We own our catalog as a curated product. Each track is generated by our pipeline and reviewed by a human before release. We license your right to listen via the app. We do not grant rights to:
- Download and redistribute individual tracks
- Use Boulevard tracks in YouTube videos, podcasts, or other media
- Re-upload Boulevard tracks to other platforms
If you want to license a specific Boulevard track for commercial use, email us. We handle these case by case.
What this means for songwriters
If you're a songwriter using AI as a tool (backing tracks, demo production, melodic sketches), your human-authored work (lyrics, performances, arrangement choices) remains copyrightable. The AI-generated portions you build over are not. Standard practice in 2026 is to register your work with a disclaimer for the AI components.
What about training data?
Separate issue. Several active lawsuits in 2024 to 2026 (RIAA v. Suno, RIAA v. Udio, and others) are testing whether training AI music models on copyrighted audio without a license constitutes infringement. These cases are not yet resolved. The outcome may significantly change the AI music landscape. See our full breakdown of the RIAA lawsuits.
Bottom line
- Pure AI output: not copyrightable in the U.S.
- Hybrid human plus AI work: partially copyrightable. Disclaim the AI parts.
- Commercial use: depends on the app's terms, not copyright law.
- Listening privately: always allowed on the apps designed for it. That's why Boulevard exists.
For a primer on the underlying technology, read How AI music actually works.
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