Universal Music and Sony Music have moved to compel documents from DistroKid and several Suno investors, while Apple is seeking to quash a Suno deposition demand about Apple Music’s AI royalties. The disputes show third-party subpoenas playing a larger role in the AI music copyright cases.
Motions to compel target Suno backers
The litigating majors are Universal Music and Sony Music against Suno, and Sony Music against Udio. They have filed motions to compel against DistroKid and Suno stakeholders Bond Capital, Lightspeed, Menlo Ventures and former Menlo principal C.C. Gong. Lightspeed filed a motion to quash before any motion to compel was filed against it.
The requests seek documents on several subjects:
- The entities’ professional relationships with Suno leadership
- Discussions and knowledge of training-related copyright liability
- Market-dilution risks posed by generative AI music
Given how broad the demands are, the plaintiffs could also learn details of Suno’s licensing agreements with Warner Music, Believe and BMG. Universal Music and Sony Music have long been interested in those agreements. From Menlo, the non-Warner majors are seeking “ALL DOCUMENTS and COMMUNICATIONS RELATED TO copyright law in relation to SUNO.” That request, together with a similar one covering their recordings, would presumably shed light on the terms.
Earlier disclosures, including from Udio stakeholder a16z, have carried weight across the litigation. Round Hill and Reservoir Media each cited a searchable AI training database in their recent complaints against Suno.
The MLC resists turning over data
The MLC (Mechanical Licensing Collective) has not moved quickly to provide the requested information. Suno and Udio say the data could show that AI outputs are not diverting material streams and royalties from other music.
In pushing back during months of talks, the MLC cited, among other things, alleged opposition from DSPs (digital service providers) to providing the details. Suno responded by alleging that the services have not raised any such concerns in writing.
Apple seeks to quash Suno’s deposition demand
Apple is asking the court to quash a deposition demand for information about Apple Music’s AI royalties and policies. Suno is seeking details on several topics:
- The service’s “contractual provisions guaranteeing minimum royalties paid” to Universal Music and Sony Music
- Provisions related to generative AI content
- Differences in how royalties are calculated for AI and non-AI audio
- How common streaming fraud is on the platform
- Projections of Apple Music’s commercial viability without the plaintiffs’ catalogs
Apple’s motion asks the court to quash the subpoena or, alternatively, to approve a protective order, calling it “irrelevant, overbroad, and disproportionate.” The motion is scheduled for December 1st.
