GEMA vs. Suno: Munich to deliver Europe's first AI music ruling
What it really says
On July 31, 2026, the 42nd Civil Chamber of the Munich Regional Court will announce its ruling in the lawsuit between GEMA (Germany's music rights organization) and AI music generator Suno (case number 42 O 763/25). It is the first ruling in Europe addressing the use of copyrighted audio content by AI companies. GEMA filed the lawsuit on January 21, 2025, after Suno failed to respond to a licensing request. At the center are six well-known songs whose composers are represented by GEMA: 'Forever Young' (Alphaville), 'Atemlos' (Kristina Bach), 'Daddy Cool' and 'Rasputin' (Boney M.), 'Big in Japan' (Alphaville), and 'Mambo No. 5' (Lou Bega). GEMA argues that Suno used these works for training without a license and that its music generator produces songs in which the originals are clearly recognizable when prompted accordingly. Suno disputes this, arguing that the works in question are not copyrightable, are not recognizable in the outputs, and that training data is not stored in the model. The oral hearing took place on March 9, 2026. The verdict, originally scheduled for June 12, was postponed to July 31 for administrative reasons.
Our assessment
This ruling could fundamentally change the rules for AI training in Europe. If the court sides with GEMA, it would be the first judicial finding that AI platforms need licenses to train on copyrighted music, affecting not only Suno but also providers like Udio and the music features of Google and Meta. If the court rules for Suno, it could be seen as a signal that AI training is permissible without a license under certain conditions. Both sides have valid arguments: GEMA represents the legitimate interests of music creators in fair compensation, while Suno argues on technical aspects of the training process. Regardless of the outcome, the ruling will set a precedent across Europe. A parallel GEMA lawsuit against Suno and OpenAI is also pending in Munich. For music creators worried about the devaluation of their work through AI, this ruling is an important milestone.
Relevance for Germany
This case has direct significance for Germany. It takes place in a German court and involves GEMA, which as a collecting society represents the rights of over 90,000 music creators in Germany. The ruling will directly influence whether AI music generators must pay licensing fees in Germany going forward. Moreover, the case has precedent-setting implications for the entire EU, since German copyright law is based on EU directives in key areas. Particularly relevant is whether the text and data mining exception in EU copyright law (Article 4 of the DSM Directive) applies to training AI music generators. GEMA has already filed a second lawsuit against Suno and OpenAI, also being heard in Munich. For German musicians, the fundamental question at stake is whether their creative work will continue to be fairly compensated in the AI era.
Fact check
The facts are comprehensively confirmed by official sources. Munich Regional Court I documented the hearing and verdict date in two press releases (case number 42 O 763/25). GEMA confirms the lawsuit, the songs involved, and the legal arguments on its website. The postponement of the verdict date from June 12 to July 31 was confirmed by MLex and the court itself, attributed to administrative reasons. ZDF reports consistently on the matter. Law firm Haerting documented the oral hearing of March 9, 2026, and confirmed both sides' arguments. The six songs (Forever Young, Atemlos, Daddy Cool, Rasputin, Big in Japan, Mambo No. 5) are consistently named by GEMA and the court.
Source
- • https://www.gema.de/de/w/gema-klagt-gegen-suno-2026
- • https://www.justiz.bayern.de/gerichte-und-behoerden/landgericht/muenchen-1/presse/2026/11.php
- • https://www.mlex.com/mlex/articles/2481789
- • https://www.zdfheute.de/wirtschaft/suno-ki-musik-gema-urheberrecht-rechtsstreit-100.html