Germany’s music rights organization GEMA sued OpenAI in Munich regional court for alleged copyright infringement, marking the first legal action by a performing rights organization against the artificial intelligence company over song lyrics.
The lawsuit alleges two distinct violations: unauthorized use of lyrics for AI training and subsequent generation of copyrighted lyrics in response to user prompts, GEMA said. The case involves only songs for which GEMA specifically controls lyric licensing rights.
“Our members’ songs are not free raw material for generative AI systems providers’ business models,” GEMA Chief Executive Tobias Holzmüller said. “Anyone who wants to use these songs must acquire a license and remunerate the authors fairly.”
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The case differs from previous AI-related music litigation by focusing exclusively on song lyrics rather than recordings. GEMA describes it as a “model action” aimed at establishing legal precedent for AI copyright issues in Germany and potentially across Europe.
Under European Union law, companies can use copyrighted material for AI training unless rightsholders specifically opt out. GEMA has opted out for all works it licenses and sent notices to AI companies regarding licensing requirements.
The lawsuit joins other legal actions facing OpenAI, including suits from The New York Times, authors, and other publishers. Unlike US performing rights organizations, which do not control mechanical rights, GEMA’s broader rights portfolio enables such legal action.
OpenAI’s operation of servers and content availability in Germany subjects it to German copyright law, which provides more specific guidelines than US “fair use” doctrine, though potential damages are typically lower in European courts.
GEMA presented a licensing model for generative AI in late September.
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