Can AI Own Your Music? What Florida Creators Must Understand Before the Supreme Court Decides

Richard Corey
Jun 4
3 min read

Updated: Jun 9

A question that would have seemed absurd five years ago is now sitting at the doorstep of the United States Supreme Court: can artificial intelligence legally own a copyright?

The answer will reshape how Florida artists, producers, content creators, and entertainment businesses structure ownership, licensing agreements, and creative rights for years to come. Here is what you need to understand right now — before the Court decides.

What the Case Is Actually About

Computer scientist Stephen Thaler created an AI system he calls DABUS. He asked it to generate an image. The AI did. Thaler then attempted to register that image with the U.S. Copyright Office — listing the AI as the author.

The Copyright Office denied it. The D.C. Circuit Court of Appeals upheld that denial. Their reasoning was straightforward: copyright law requires a human author. A machine cannot hold creative rights.

Thaler disagreed and petitioned the Supreme Court to hear the case. The justices asked the federal government to weigh in. That response is pending — and the legal and entertainment industries are watching closely.

Why This Matters to Florida Artists and Creators

If you are a musician, producer, songwriter, content creator, or entertainment business operating in South Florida, this case cuts directly to your interests — on both sides of the question.

If AI cannot own copyright, the immediate practical question becomes: who does? If you use an AI tool to generate music, a script, artwork, or marketing content, the ownership of that output is legally murky. You may not automatically hold the copyright simply because you prompted the tool. Licensing that work, selling it, or defending it from infringement could become legally complicated.

If AI can own copyright, the implications go further. Could an entertainment company assign copyright to its AI system, cutting human artists out of ownership and royalties entirely? Could a label claim its AI-generated tracks are protected the same way a human artist's recordings are?

These are not hypothetical questions. They are live commercial risks for every South Florida creative professional operating in today's AI-driven market.

What Florida Creators Should Be Doing Right Now

Waiting for the Supreme Court is not a strategy. Here is what prudent creators and entertainment businesses should be building into their agreements and practices immediately:

First, document your creative contribution. If you use AI as a tool — and you direct, curate, select, and refine the output — maintain records of your creative decision-making. Courts and the Copyright Office are looking at human authorship and control as the threshold question.

Second, review your contracts. If you are signing with a label, a streaming platform, or a production company, examine who owns AI-assisted work product. This language is not yet standard in most agreements — which means it is often absent entirely, leaving ownership undefined.

Third, register what you can. For work with clear human authorship, register your copyright now. The Copyright Office is processing AI-related applications case by case, and early registration creates a legal record that predates any future dispute.

The Bigger Picture for South Florida's Entertainment Market

Fort Lauderdale and Broward County sit inside one of the most active entertainment markets in the country — music, film, digital content, sports entertainment, and NIL deals all converge here. The legal frameworks governing creative ownership are changing faster than most standard agreements can keep up with.

The Supreme Court's decision — whether it grants review or lets the D.C. Circuit ruling stand — will set the floor for how AI-generated content is treated under U.S. law. Either outcome creates obligations and opportunities that entertainment clients need to understand and plan for now, not after the ruling drops.

Schedule a Consultation

If you are a creator, artist, producer, or entertainment business in South Florida with questions about AI, copyright ownership, or how to protect your work in this evolving legal environment, Royal Crown Enterprise Law is ready to help you get ahead of it.