K Fresh and Attorney Pen Open Letter to Timbaland and Suno Over Music Theft Allegations—Timbaland Responds

Photo Credit: Ryan Schmidt, Esq. on Instagram

K Fresh and his attorney post an open letter to Timbaland and AI company Suno over music allegedly stolen by the producer to train Suno’s AI.Timbaland is facing criticism online for allegedly stealing another artist’s music to use in AI beat prompts in association with AI company Suno. Now, producer K Fresh and his attorney, Ryan Schmidt, have penned an open letter to Timbaland and Suno, posted on Instagram on Friday.

“We are writing at a time when musicians feel unseen, unheard, and unprotected,” their letter begins. “As the producer whose work was taken without permission, and as an entertainment attorney who advocates for musicians’ rights, we are speaking up for the music community and for all creators being pushed aside by AI-driven innovation.”

“Last week, Timbaland, who serves as Suno’s strategic advisor and public ambassador, shared a troubling video in which he took K Fresh’s original song, uploaded it into Suno’s AI platform, and released an unauthorized AI remix. There was no credit. No consent. No apology.”

“Timbaland dismissed the public outrage by calling it a ‘remix’ and a ‘demo’ to showcase Suno’s capabilities. But with over 30 years of music in his own catalog, he had every opportunity to use something he actually owns. Instead, he used someone else’s work without permission.”

“This wasn’t just unethical,” the letter continues. “It violated U.S. copyright law and breached Suno’s own Terms of Use, which require users to own any uploaded content. As a result, K Fresh’s music is now permanently part of Suno’s training model without his consent. Suno’s continued silence is just as troubling.”K Fresh and his attorney write that while they believe musicians and AI can coexist, credit, consent, and compensation must be present. “Without that, our life’s work is not your sandbox for experimentation.” They ask for the following within 24 hours:

A public apology to K FreshProof that K Fresh’s music has been removed from Suno’s model and training dataA plan to prevent future violations by users and company representatives, including TimbalandA commitment to implement an artist opt-out processA promise that Suno and Timbaland will not use unlicensed music in future demosIf Suno and Timbaland meet these terms within 24 hours, K Fresh and his attorney say they will “consider the matter resolved.” Should they fail to acquiesce to the above within the time allotted, K Fresh and Schmidt will “take every step necessary to ensure accountability,” implying a lawsuit will be forthcoming.

“Musicians deserve better,” their letter concludes. “The future of ethical AI depends on it. Make it fair.”

Timbaland’s ResponseLess than four hours after the public open letter went live, Timbaland went on Instagram to post his public apology for using the track without K Fresh’s permission. So far, the apology is the only aspect of the demands that have been satisfied—it will be interesting to see if an artist opt-out process becomes available after this debacle. Here’s Timbaland’s apology:

“Recently, I shared a post where I used a song that I believed was fully owned by the artist who sent it to me,” Timbaland begins in his response. “Out of pure excitement to explore, transform, and collaborate, I ran it through Suno to show how this tech can open creative possibilities. I didn’t monetize it, release it, or try to claim ownership.”

“I was genuinely inspired and wanted to demonstrate what’s possible. But now I understand that the song’s beat was produced by a producer named K Fresh, who didn’t give consent, and that’s on me.”

“I’d like to formally apologize to K Fresh. I should have done my due diligence before using it. Regardless of intent, I recognize that not everyone involved was aware or inboard, and I take full responsibility for that oversight. If you know me, you know I’ve spent years collaborating with artists across all levels. My goal has always been to empower creatives, not to take from them.”“The narrative that I’m out here stealing music couldn’t be further from the truth, but I understand how this moment caused concern. The post has already been taken down and I’m committed to continuing to learn, listen, and lead with respect for the craft and community.”

“At Stage Zero, the AI media company I’m building, nothing happens without people. Our focus is on building tools with creators, not at their expense.”