SoundCloud was at the center of an online storm over the weekend after critics spotted an update to the platform’s T&Cs regarding AI training.
The policy update, which was added in February 2024, stated: “You explicitly agree that your Content may be used to inform, train, develop or serve as input to artificial intelligence or machine intelligence technologies or services as part of and for providing the services”.
The company’s choice of language drew fierce criticism from artists and prominent AI experts alike, such as Ed Newton-Rex, founder of the non-profit Fairly Trained.
You can see why folks who are protective of music rights are getting increasingly concerned about this subject.
Music rightsholders are suing multiple gen-AI platforms for alleged massive copyright infringement. Meanwhile, OpenAI and others are lobbying global political leaders to loosen existing laws so tech companies can train their models on copyrighted material without legal consequence.
This past weekend, one of those political leaders, President Donald Trump, fired the most senior copyright-related public servant in the US – after she published a report daring to suggest that it might not be entirely legally acceptable for every song ever made to be feasted upon by Sam Altman and Elon Musk’s AI tech.
SoundCloud’s quiet February 2024 update took place significantly before debates over AI training and copyright reached the industry-wide fever pitch we see today.
Yet the controversial wording of the firm’s AI policy update likely surprised those who have seen SoundCloud commit to ethical practices around AI in the past (including deals signed with Fadr, Soundful, and Voice-Swap last year).
It also no doubt spooked music rightsholders concerned that the likes of Spotify or Apple Music might try to follow suit.
Today (May 14), SoundCloud CEO, Eliah Seton, has stepped forward to tackle what he calls “confusion” created by his company’s choice of language in its terms of service regarding AI.
Most importantly, Seton has confirmed that SoundCloud is now updating the troublesome text in its Terms of Use.
Seton says the new adjustments “make it absolutely clear” that SoundCloud “will not” use artists’ content to “train generative AI models that aim to replicate or synthesize your voice, music, or likeness”.
The previous version, concedes Seton, “was too broad and wasn’t clear enough”.
He adds that if gen-AI technology arises in the future that presents essential opportunities for SoundCloud artists – and requires training on their content – then SoundCloud “may make this opportunity available to [its] human artists with their explicit consent, via an opt-in mechanism“.
Furthermore, SoundCloud is also making what Seton referred to as a “formal commitment” that “any use of AI on SoundCloud will be based on consent, transparency, and artist control”.
The biggest change to the language in the terms of service sees the removal of the following contentious sentence:
“In the absence of a separate agreement that states otherwise, You explicitly agree that your Content may be used to inform, train, develop or serve as input to artificial intelligence or machine intelligence technologies or services as part of and for providing the services.”
SoundCloud is adding the following line in its place:
“We will not use Your Content to train generative AI models that aim to replicate or synthesize your voice, music, or likeness without your explicit consent, which must be affirmatively provided through an opt-in mechanism.”
According to Seton, these changes will be reflected online “in the coming weeks”.
Critics of the former policy may see adding the “opt-in mechanism” to SoundCloud’s terms as a major victory.
Ed Newton-Rex, in this op/ed written for MBW this week, said: “Opt-out mechanisms for generative AI training are hugely unfair to musicians, for a heap of reasons I’ve talked about before.”
“AI is going to be a part of the changing landscape of music. It brings new opportunities, but also very real challenges. That’s why our approach will always be guided by a single principle: artist-first.”
Eliah Seton, SoundCloud
Seton’s comments come in an open letter to SoundCloud artists, which states in no uncertain terms: “AI should support artists, not replace them. Any use of these tools on SoundCloud will continue to reflect that.”
Adds Seton: “AI is going to be a part of the changing landscape of music. It brings new opportunities, but also very real challenges. That’s why our approach will always be guided by a single principle: artist-first.”
You can read Eliah Seton’s letter in full below:
A Letter from our CEO: Clarifying our Terms of Use
To Our Artist Community,
Over the past few days, there’s been a lot of conversation about our 2024 Terms of Use update which was intended to clarify how content may interact with AI technologies within SoundCloud’s own platform.
I want to take a moment to speak directly to you — our artist community — about what’s true, what’s not, and what we’re doing next.
First, let’s be clear.
SoundCloud has never used artist content to train AI models. Not for music creation. Not for large language models. Not for anything that tries to mimic or replace your work. Period. We don’t build generative AI tools, and we don’t allow third parties to scrape or use artist content from SoundCloud to train them either.
In fact, we’ve already put protections in place like a “no AI” tag that explicitly signals content on SoundCloud can’t be used for AI training. At SoundCloud, protecting artist rights isn’t new for us and being artist-first isn’t a slogan. It’s core to who we are and always will be. It’s in our DNA.
So, what happened?
Back in February 2024, we updated our Terms of Use to clarify how we may use AI internally to improve the platform for both artists and fans. This includes powering smarter recommendations, search, playlisting, content tagging, and tools that help prevent fraud.
Our use of AI is focused on discovery — helping fans find new music and helping artists grow, starting with their first fans. That’s core to our mission. Three years ago we expanded our AI and machine learning capabilities through the acquisition of Musiio which significantly improved how we connect creators with listeners, fuel music discovery and help rightsholders identify what’s next. Since then, through First Fans, our recommendation algorithm for Artist Pro subscribers, we’ve delivered over 7 million track recommendations to potential new listeners, helping artists get heard faster and get discovered.
More broadly, we use AI to identify emerging talent, personalize the platform experience, and support real-time customer service, all designed to support human artists and engage real fans.
AI has been, and will continue to be, a key part of how we improve SoundCloud for the people who power it.
But here’s the thing, the language in the Terms of Use was too broad and wasn’t clear enough. It created confusion, and that’s on us. That’s why we’re fixing it.
What we’re doing now:
- We’re revising the Terms of Use to make it absolutely clear: SoundCloud will not use your content to train generative AI models that aim to replicate or synthesize your voice, music, or likeness (see detailed terms below).
- With the landscape changing rapidly, if there is an opportunity to use generative AI for the benefit of our human artists, we may make this opportunity available to our human artists with their explicit consent, via an opt-in mechanism. We don’t know what we don’t know, and we have a responsibility to give our human artists the opportunities, choices and control to advance their creative journeys.
- We’re making a formal commitment that any use of AI on SoundCloud will be based on consent, transparency, and artist control.
Our position is simple: AI should support artists, not replace them. Any use of these tools on SoundCloud will continue to reflect that. You’ll see these changes reflected online within our Terms of Use in the coming weeks which can be found here.
AI is going to be a part of the changing landscape of music. It brings new opportunities, but also very real challenges. That’s why our approach will always be guided by a single principle: artist-first.
We’re going to keep showing up with transparency. We’re going to keep listening. And we’re going to make sure you’re informed and involved every step of the way. Thanks for being a part of the SoundCloud community and for holding us accountable to the values we all share.
Eliah Seton
CEO, SoundCloud
SoundCloud Revised Terms of Use as of May 14, 2025:
By uploading your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, your Content utilizing the features of the Platform from time to time and within the parameters set by you using the Services. We will not use Your Content to train generative AI models that aim to replicate or synthesize your voice, music, or likeness without your explicit consent, which must be affirmatively provided through an opt-in mechanism.
For the avoidance of doubt, neither SoundCloud nor any third party is allowed to use, copy or reproduce any Content delivered to the Platform under separate agreements, which is owned or controlled by third party rights holders (including artwork, images, logos, audio and audiovisual recordings (and any part thereof), underlying musical works and lyrics, and metadata) for the purposes of informing, training developing (or as input to) artificial intelligence technologies without authorization from the applicable rightsholders. You can limit and restrict the availability of certain of your Content to other users of the Platform, and to users of Linked Services, at any time using the permissions tab in the track edit section for each sound you upload, subject to the provisions of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of your Content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks.Music Business Worldwide
