Isbell and Lowery Sue Suno — And Leave Copyright Out of It
Jason Isbell, David Lowery of Cracker and Camper Van Beethoven, blues musician Guy Forsyth and saxophonist Eduardo Calle filed a proposed class action against Suno in the US District Court for the District of Massachusetts on Monday, August 31. Music Business Worldwide, which obtained and reviewed the 84-page complaint, reports that it contains no copyright claims whatsoever. That is the story: every other major action against Suno — Universal and Sony’s case, Round Hill’s, Jamendo’s, the earlier indie class actions — has been argued on copyright. This one is argued on identity.
The complaint’s theory is that Suno built a product in which a musician’s name functions as a retrieval key, so that entering an artist’s name produces output shaped by that artist’s voice and style, and that this converts a performer’s commercial identity into a product feature without consent. Alongside state right-of-publicity claims, the plaintiffs bring biometric privacy claims under Illinois’s BIPA statute, alleging Suno captured and stored singers’ “voiceprints” — measurements including pitch contours and breath dynamics. Per MBW’s reading of the filing, the plaintiffs seek damages under state law, disgorgement of Suno’s profits, punitive damages where available, and an injunction barring Suno from commercially exploiting musicians’ voices, names and identifying attributes without consent; the complaint pleads class damages above $5 million. MBW quotes the complaint directly: “A musician’s identity is their property, but Suno took it without consent. This lawsuit is how these musicians resist.”
Suno’s position, as reported by CelebrityAccess, is that the company exists to help people make original music and that it maintains protections designed to block prompts naming specific artists or copyrighted songs. MBW reports that the plaintiffs anticipate that defence in the complaint and dispute it, arguing the filters can be circumvented.
Why It Matters: Right-of-publicity and biometric law do not depend on what a model was trained on, only on what the product does with a name and a voice. That sidesteps the fair use fight entirely.