The use of song lyrics by artificial intelligence applications violates German copyright law. In the proceedings brought by the music rights organization GEMA against ChatGPT developer OpenAI, the Munich Regional Court ruled that OpenAI does not have the right to use lyrics without a license.
Decision on Damages Against OpenAI
The developer of ChatGPT, OpenAI, was ordered to pay damages for such use, stated presiding judge Elke Schwager. Thus, the ChatGPT developer lost on most points of GEMA’s lawsuit. The court largely agreed with the plaintiff’s argument that ChatGPT’s automatic use of song lyrics constitutes unauthorized reproduction and making available to the public. GEMA did not object to the use itself but demanded the payment of license fees on behalf of the authors.
The court justified its decision by stating that ChatGPT creates a complete copy of a song’s text when a user requests it using an appropriate prompt. As an example, the judge cited the song “36 Grad” by the band “Zweiraumwohnung.” If you ask the artificial intelligence about the chorus, the program reproduces it verbatim. The lawsuit concerned a total of nine songs, including “Atemlos” by Helene Fischer, “Männer” by Herbert Grönemeyer, “Über den Wolken” by Reinhard Mey, and “In der Weihnachtsbäckerei” by Rolf Zuckowski. The ruling is not yet final.
GEMA Hopes for a Pan-European Licensing Model
GEMA stated it was extremely pleased with the outcome. “We assume that these proceedings will clarify the legal situation in Europe, and then a pan-European licensing model could perhaps be the solution,” explained the company’s legal counsel, Kai Welp.
Composer Andreas Weidinger, who was present at the trial, could not yet say exactly how much money the authors would ultimately receive. “I consider it much more important that this ruling sparks a discussion, including with providers, and creates awareness that remuneration must be paid at all and paid fairly. As for the amount, that will be discussed on a case-by-case basis.”
OpenAI Considers Next Steps
OpenAI stated in a written statement that it disagrees with the court’s decision. It concerns only a limited number of song lyrics and demonstrates a misunderstanding of how AI models work. The company emphasizes that ChatGPT does not contain stored texts but generates new content based on learned patterns. OpenAI is considering further legal steps and is likely to file an appeal.
Potential Consequences Extending Far Beyond Song Lyrics
The ruling is likely to be appealed and proceed through other court instances. A final decision could have consequences extending far beyond song lyrics, as explained before the verdict by specialist Silke von Lewinski from the Max Planck Institute for Innovation and Competition. She sees “fundamental significance for all works, be it literature, journalistic texts, music, visual arts, photography, or any other works used for generative artificial intelligence. It’s about how existing laws should be interpreted.”
She is convinced that if GEMA ultimately prevails in the final instance, it would, to some extent, shift the balance of power between the creative industry and technology companies in favor of authors and other rights holders. “Before text can be used for generative artificial intelligence, rights holders would have to give their consent and would have the opportunity to demand remuneration for it.”
The First Case of Its Kind in Europe
GEMA described this case as the first of its kind in Europe. The organization sued OpenAI for unauthorized reproduction and making available to the public. OpenAI, in turn, stated that such a view demonstrates a misunderstanding of how ChatGPT works. During the proceedings, the court had already shown a willingness to accept GEMA’s arguments.
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