A consortium of 17 music publishers has filed a lawsuit against Twitter, alleging copyright infringement on approximately 1,700 songs and seeking damages amounting to a potential $250 million. This legal action adds to the growing list of challenges faced by the social media platform owned by Elon Musk.
The publishers lodged their lawsuit in Nashville’s Federal District Court, arguing that Twitter violated copyright laws by allowing users to post music without obtaining permission. Previous attempts to establish comprehensive licensing agreements between Twitter and the music industry had reached an impasse several months ago.
David Israelite, the president of the National Music Publishers’ Association, a trade group, stated, “Twitter stands out as the largest social media platform that has completely refused to license the millions of songs on its service.”
As of now, Twitter and Elon Musk haven’t responded to requests for comment regarding the allegations.
The lawsuit specifically highlights Twitter’s alleged failure to actively combat widespread infringement of music copyrights on its platform. It provides examples of specific tweets that featured unauthorized use of copyrighted music, including a post containing a two-minute snippet from Rihanna’s song “Umbrella” music video. This post garnered 221,000 views and 15,000 likes, all without the permission of the song’s publishers.
The plaintiffs are seeking stipulated damages of up to $150,000 per infringed work, indicating potential damages totaling around $250 million.
It’s important to note that music publishers oversee the copyrights for songwriting and composition, which are distinct from the copyrights for recordings.
The lawsuit also chronicles the efforts made by music publishers to notify Twitter about copyright infringement through the protocol outlined in the Digital Millennium Copyright Act, a 1998 law that safeguards internet service providers in cases where users upload copyrighted content, while also outlining guidelines for content takedowns.
According to the lawsuit, the National Music Publishers’ Association informed Twitter about roughly 300,000 tweets featuring infringing music since December 2021. However, the company consistently delayed or neglected to take action on these notices.
Twitter had been engaged in negotiations with the three major music labels—Universal, Sony, and Warner—since 2021 to secure licensing rights. However, these talks stalled following Elon Musk’s $44 billion acquisition of the company in October. Licensing deals for music rights, which require social media companies to compensate publishers and record labels when users post or play content containing songs, can cost well over $100 million annually.
Since Elon Musk’s takeover of Twitter, the company has embarked on cost-cutting measures such as staff layoffs, avoiding rent payments, and outstanding bills to vendors. Advertising revenue has also declined, and the company faces substantial debt payments resulting from Musk’s acquisition. Musk himself has voiced concerns about Twitter’s financial state, suggesting that it was heading towards bankruptcy.
The lawsuit attempts to use Musk’s own statements against him. It references a series of his tweets in which he expressed dissatisfaction with current copyright law, stating that it “goes absurdly far beyond protecting the original creator.” Musk further added, “Overzealous DMCA is a plague on humanity.”
In conclusion, this legal battle places Twitter in jeopardy as music publishers seek substantial damages for alleged copyright infringement. The outcome of this lawsuit could have significant implications for the social media giant and its future dealings with the music industry.
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