what rights are you giving to sunno and then what rights do you have language is so broad that is what it says they could in fact do that I'm not trying to scare you up from using this platform but keep this stuff in mind okay the last we spoke about suo suo was getting sued by the major record labels alongside Udo alleging copyright infringement unauthorized usage and training its AI well today what we're talking about is the terms of service now the terms of service that I'm reviewing are last updated June 30th 2024 these are the live terms of service as of recording this and what I like to do as an entertainment attorney I specialize in music is I like to break down these contracts for you terms service are the contracts that you sign when you get on these platforms to use these services and so you will remember that when you go to click I agree there actually is a contract that is linked and so what I like to do is review these contracts tell you what you need to know so we're doing that today in regards toso all right here we go so date of last revision June 30th 2024 now in the beginning of all these contracts they Define parties they say sunno Incorporated we're providing our services on this website sun.com and so all the rights that you're giving us have to do with your use of our service on this website also our mobile app and all this good stuff so I'm just going to jump through okay and for example the first place I'll point out is the service description so they go the service is designed to process input data so basically you can use our platform and when you use it you give us code videos images information text software music audio pictures Graphics messages all kinds of good stuff this collectively is called a submission what happens is when there is something spit out this output is called an output now we're going to memorize that this is the defined word for output so basically it's anything that is created on the platform from the prompts that you give it which may just be text it might be an instrumental for one of the songs that you're working on this is really important because the framework of how I'm looking through this is as a user if you are one of my clients I want you to know what rights are you giving to sunno and then what rights do you have in what is created it is very important that you only upload stuff that you own and then they give a big long list they're like make sure you have all the rights the licenses permissions and they really in no confusing kind of way say it in so many ways throughout this agreement which is we totally disclaim any liability of any problems that you cause because you take something that's not yours and you upload it onto our service some other quick things you have to be at least 13 to use the service you cannot create multiple free accounts to try to use their free tier and if you do that they might ban you forever could be just terrible all right so your conduct you assume all the risks soono is not responsible for and disclaims any liability in connection with the content right so stuff that is generated sunno reserves the right to investigate and take appropriate legal action against anyone who does bad things on its platform it will also suspend it can terminate your account and then you know PS as with most of these service providers in most of the terms of service we do see that they say they have the right at any time to terminate your account sometimes we care greatly about that because your account will have valuable things in it sometimes you have like purchase credits for certain platforms and so we pay attention to stuff like that no difference here they reserve the right to ban you and terminate your account whenever they so choose they talk about free trials the fees Payment Processing all right so for first time we see a mention about commercial use because we care how can you use the stuff that you create onso subject two the content section below unless otherwise expressly authorized herein or in the service you agree not to display distribute license perform publish reproduce duplicate copy derivative works from modify sell okay so basically you agree not to do any of the above things in regards to the service itself that's okay no one owns the suo service that's what it's saying but then it goes on it says and any output so for me I just I just total breaks on that cuz remember we were just back here I was like hey hey team remember they Define output as anything that you create on the platform so I go uhoh either sunno is saying that everything that you make cannot be used in any Commercial Way so meaning you can't put it on any music platforms which would be no good right that would defeat the whole point for a lot of users of sunno so that is what it says but I'm like maybe that's a typo because that doesn't make any sense whatsoever if you are someone that is needing help in the music business at the end of this video you can check out top music attorney.com I have courses I have free stuff just to kind of get you started if you do want a deep dive if you do want to train with me I always say go through my music business program which is how to think like a record label become a record label and then if you do want to get into touch with me or one of my lawyers we got you covered okay so here we go on the content by using the service or otherwise transmitting submissions so inputting data into sunno you grant sunno and our Affiliates successors assigns and basically anyone that we work with a non-exclusive so you giving to us a non-exclusive fully paid up sub licensable directly directly through multiple tiers assignable royaltyfree Perpetual irrevocable right to license that's a lot of words okay so they're like you're basically giving us permission to license use reproduce store modify distribute or create additional works right these are called derivative Works based on any and all content that you submit let's just take let's take a second and digest that so just be clear that if you are uploading something that you actually created something that you own right as a prompt to sunno you actually are giving it a license to then do pretty much whatever it wants with that content so it goes it's non exclusive meaning you're giving it to us but you can give it to other people but we can give it to someone else we can subl license it we can assign it we don't owe you any additional money now again I just go back to like do I think that they're going to run off with your instrumental and like give it to someone else without your permission well no I would certainly hope not but the language is so broad that what it says they could in fact do that and I'm just curious if you happen to have a hit and they decide that they want to now exploit that right they want to promote it they want to do something with it because it was created in some kind of way right on their platform if you are a Creator like a real Creator right who's making your own music and now you are uploading it into sunno that's the thing I just want you to be aware of so it does say that okay and then it goes on for the avoidance of doubt this license authorizes us to make your content available and to sublicense it to others as necessary to provide our service ASO and you further Grant too the worldwide fully paid up Su licensable assignable perpetual and irrevocable meaning you cannot take it back once you do it you cannot take it back to identify to the public that the output was generated via the service okay so in other words if you're concerned about people knowing that you use suo be aware that in their terms it does say that they reserve the right to identify you to the public and to say hey Johnny over here used our platform to create this song they can do that you've already given them the permission again just something that you should just be aware of if you are a Creator using this platform although sunno has no obligation to monitor the content you acknowledge and agree that we may do one or all of the following we can monitor we can edit we can remove in whole or in part so again if you're uploading your stuff onto their platform they do reserve the right to do stuff with that content okay subject two your compliance with these terms if you are a user who has subscribed to a paid tier sunoh H assigns to you okay and this this goes to the ownership piece so as long as you are in a paid tier sunno hereby assigns to you all of its right title interest in and to any output owned by sunno and generated from submissions meaning so the input you gave it made by you through the service during the term of your paid subscription all right so that's good news right so they are saying that as long as you are a paid user and so long as what you created was created during the term of your paid subscription that you own what you create okay I'm like boy that's that's different than some of these other platforms so we've read the terms of service where otherwise they're just giving you a license here sunno is actually saying that you own what you make that's kind of exciting now it does go on here it goes however soono makes no representation that you will actually be able to vest the copyright I can tell you this so I'm glad that they put this in here they're like just so you know we're not like promising that you're going to be able to go and actually get a copyright registration and as a copyright attorney I can tell you the reason for that is that you can register a song that you made using AI so long as the song has something original in it that you input it that you create it if the entire thing is AI generated you can't go and file for copyright protection there is no copyri protection for anything that the AI created so what happens and look if you guys want me to do this I will but I was thinking about the the I'm like I really should show you guys how to do a copyright registration if you have a song that is made in part by AI because I want to show you how to disclaim how to carve out the portion of it that is AI and just to show you how to register this okay so if you were going to like try to register it you do have to disclose that a portion of the song was made with AI and so all that good stuff but anyway they do say that in the terms they're like look you own it or like making no promise that you're going to be able to actually get a copyright registration and practically speaking that's why all right so then if you are someone using the free tier you promise and agree that you will only use the outputs generated from submissions made by you through the service solely for your lawful internal personal and non-commercial purposes okay so really really really really super duper important they do say here specifically it is non-commercial if you are on the free tier and that's also provided that you give attributes so you have to identify and I'm just curious you know I haven't I haven't heard abouto or yudo because Udo is the same way I haven't heard about these music AI platforms going after Johnny and they're like Johnny used our platform you on a free tier and didn't give us credit for hisso song but who knows that is what it says though so you probably want to have a paid subscription if you are trying to actually use sunno for your creation process and to make sure there's not any problems now obviously you know these Platforms in some cases have not even been public for more than a few months so you know we we'll see how this all happens or falls out for the avoidance of Doubt output may be publicly available to third party applications such as Discord where it may be viewable downloadable and Modified by other users and that of thirdparty applications plural I think is what they meant to say AKA again in the if you are a Creator you're using sunno just be careful and just understand that your input could end up essentially being in someone else's song again I don't know if that's you know practically what sunno is trying to do but that does that is what their contract says and also that your staff may end up being on third party applications it might be downloaded by other people so you know I'm not trying to scare you up from using this platform but again if I was trying to give you guys Direction on whether you should use these or how you should use these it's just keep this stuff in mind okay all right also if you give any feedback this made me laugh if you give any feedback to soono and you're like hey customer service review it's non-confidential they're entitled to publish it for commercial you uses however they want so they can make money off you cuz they're like they said they loved this or whatever and then they have a copyright you know takeown procedure so this is dmca takedowns if you think someone is infringing your stuff which I'm assuming may happen for some users right and then they get into all the boilerplate stuff disclaimer of warranty so this is where they're just like you are doing this all at your own soulle risk if any bad things happen don't come back to us limitation of liability even if bad things happen to you you disclaim you're not going to see was for consequential damages punitive damages and in fact our total liability to you for all damages losses or causes of action exceeding the amount you have paid to sunno in the last six months or if greater $100 so basically these these limitations of liability are to say if you were to sue us you can only sue us up to this cap and so they go either it's what you've paid to us in the last six months which is really not going to be a lot on any of their paid tiers right or $100 I just laugh this stuff because you know they make it pretty much impossible for you to ever meaningfully Sue and get a remedy uh there is the agreement you promise you're going to arbitrate if you do decide to ever bring a claim you promise to keep all things super secret pursuant to confidentiality Clause termination suo at it in its so discretion May kick you off the platform anytime it sees fit and more General stuff now here's the thing I love this right here because it's like hey here's a real general you know provision which is a catchall so there's all kinds of things in this huge paragraph and most people don't read it but I do and right here it goes you agree that regardless of any statute or law to the contrary any claim or cause of action arising out of relating to the use of the service or these terms must be filed within one year AKA there's a statute of limitations in the contract they go from the time that you think that you have a claim against us you're agreeing in this contract that you have one year to actually bring the claim right so actually Sue up and if you don't you're barred forever and they say forever barred anyway that's why I read these contracts just so you guys know but uh comparing now let's let's play this game for those of you using sunno versus yud on the usage front and the interface what do you think which platform do you like better why there are differences for sure on the legal side on the contract side the one thing I can say that I like about sunno is that they do make a point in their contract and they're like we're giving ownership to you all right that's something cool I do not love the whole we can share and license and sublicense to our Affiliates and all the stuff the content that you put onto our platform I have a real problem with that I do not like that it may be the lawyer who drafted this and so he or she just had some very broad language you know what I'm saying so I always go through this is what the contract says but practically speaking that may or may not be what sunno is actually doing but that would make me nervous as a Creator if I'm like hey I'm going to put myself on this platform to like come up with some whatever melodies or something and then it's like your song may end up in someone else's output that's kind of scary so anyway leave your comments down below let me know your thoughts I'm Tom music attorney it's Christ