fair use? A German Court Just Dismantled That Defense — With American Law
The July 31, 2026 ruling by Munich District Court I in GEMA v. Suno (Az. 42 O 763/25) fundamentally reordered the legal landscape for AI music companies, becoming the first European court decision to directly adjudicate AI training activities conducted on American soil. The court's decisive move was applying U.S. copyright law — specifically 17 U.S.C. §107 — to Suno's training process in the United States, and then rejecting Suno's fair use defense on American legal terms, not German ones. Simultaneously, the American Federation of Musicians filed the first-ever major labor lawsuit by a musicians' union against Universal Music Group, Warner Records, and Atlantic Recording, arguing that labels violated compensation obligations under the Sound Recording Labor Agreement's "New Use" clause when they licensed musicians' recordings to AI companies without paying the musicians who performed them. These two cases — one a copyright battle, the other a labor dispute — together signal that the era of unrestricted AI access to recorded music is ending, with the music industry's decades-long structural power imbalances finally exploding in courtrooms on both sides of the Atlantic. Neither case has reached a final ruling, but the direction of travel is unmistakable: the legal ground beneath AI music's "train first, defend later" strategy is actively shifting.