Judge Sends Indie Artist's Suno Class Action to Discovery
Judge F. Dennis Saylor IV denied most of Suno’s motion to dismiss a proposed class action brought by country artist Tony Justice, 5th Wheel Records and My Heartland Publishing, in an order dated August 20 in the US District Court for the District of Massachusetts. Claims for reproduction under Section 106(1), unauthorized derivative works under Section 106(2), and DMCA anti-circumvention under Section 1201(a)(1) all survive. The court granted the motion only as to a Tennessee Consumer Protection Act count, which the plaintiffs said they had cited by mistake and did not defend.
The substantive holding concerns pleading standards. Suno argued the complaint had to identify specific Suno outputs substantially similar to the plaintiffs’ songs, and that it did not. The court disagreed: “there is no categorical requirement that a plaintiff must produce the derivative work at the motion to dismiss stage.” The plaintiffs had instead pleaded roughly 100 examples of Suno outputs replicating or closely resembling songs owned by other rights holders, which the judge treated as supporting a plausible inference about the plaintiffs’ own works — “[w]hether plaintiffs can show such outputs after full discovery is a question for another day.” On the DMCA count, the court adopted its own reasoning from the parallel Universal case.
Why It Matters: Output infringement has been the hardest AI music theory to plead, because plaintiffs rarely hold a matching generated track. This ruling says they do not need one yet — and moves an independent-artist case, not a major label case, into discovery.