GEMA, the leading collecting society for musical works, has filed a groundbreaking lawsuit against OpenAI, the world’s leading provider of generative artificial intelligence (AI) systems. The lawsuit, filed on November 13, 2024, in the Munich Regional Court, accuses OpenAI of unlicensed use of protected song lyrics by German authors.
OpenAI, which boasts annual sales of over two billion dollars and is aiming for five billion dollars in 2024, has been using copyrighted texts, including song lyrics from the repertoire of 95,000 GEMA members, to train its AI-supported chatbot, ChatGPT. These authors have not received any compensation for the use of their works.
Dr. Tobias Holzmüller, CEO of GEMA, states, “Our members’ songs are not free raw material for generative AI systems providers’ business models. Anyone who wants to use these songs must acquire a license and remunerate the authors fairly. We have developed a licensing model for this and will always take legal action against unlicensed use.”
The lawsuit specifically targets OpenAI, LLC, the American parent company, and OpenAI Ireland Ltd., the chatbot’s operator in Europe. The chatbot, when prompted, reproduces original song lyrics that it has been trained with, without any licenses or compensation to the authors.
Dr. Ralf Weigand, Chairman of GEMA’s Supervisory Board, emphasizes the importance of the lawsuit, saying, “Last week, we made it clear with GEMA’s AI Charter that human creative achievements must not be used as a free template for the offerings of AI providers in a deeply commercial exploitation chain. Likewise, we cannot accept that copyright infringements occur in the output of chatbots. GEMA’s lawsuit sends an important signal: the livelihood of us creative professionals is at stake.”
GEMA had previously informed AI model and system operators in writing that they must acquire a license to use GEMA works. The society also presented a generative AI licensing model in September to ensure fair participation of music creators in the value creation of AI-generated music.
Dr. Kai Welp, General Counsel of GEMA, explains, “The new technology presents us with fundamental legal questions that we absolutely must clarify. This is the only way we will succeed in establishing a licensing model on the market that strikes a fair balance between creators’ and exploiters’ interests. Our model procedure makes a decisive contribution to this. However, it also shows that we are prepared to enforce the rights to which authors are entitled.”
GEMA’s AI Charter, which comprises ten core principles including protection of intellectual property, fair participation of creative professionals, sustainability, and transparency and responsibility from AI providers, calls for a responsible approach to generative AI.
GEMA represents the copyrights of around 95,000 members in Germany, including composers, lyricists, and music publishers, as well as over two million rights holders from all over the world. It is one of the world’s largest authors’ societies for musical works.
For more information on the lawsuit against OpenAI, GEMA’s AI Charter, and the society’s AI licensing model, visit www.gema.de/ai. Contact information for GEMA’s Communications Director, Ursula Goebel, and Communications Manager, Christina Zander, can also be found on the website.
Derick is an experienced reporter having held multiple senior roles for large publishers across Europe. Specialist subjects include small business and financial emerging markets.