German court rules ChatGPT has violated copyright by learning from lyrics
Munich judges have ruled that ChatGPT has infringed German copyright by memorising and reproducing protected song lyrics, siding with GEMA and ordering damages. OpenAI said it disagrees and is considering an appeal.
A Munich regional court has ruled that OpenAI’s ChatGPT has breached German copyright law by memorising and reproducing protected song lyrics, siding with music rights society GEMA in a closely watched case. The court ordered OpenAI to pay damages, with the decision open to appeal.
Presiding judge Elke Schwager found that both the memorisation of lyrics during training and their reproduction in outputs constitute infringements of exploitation rights under German law.
The court also concluded that responsibility for infringing outputs rests with the model operator rather than end users, dismissing OpenAI’s argument that liability lies with those who prompt the system.
The lawsuit focused on lyrics from nine writers represented by GEMA, with examples cited in court including “Atemlos durch die Nacht” and “Männer”. GEMA, which represents more than 95,000 composers, songwriters and publishers in Germany, welcomed the ruling as a milestone for creators.
- Damages: OpenAI has been ordered to pay damages to GEMA; the figure is not disclosed by the court.
- Cease-and-desist: The judgment ordered OpenAI to refrain from storing and outputting the disputed lyrics without permission.
- Disclosure: OpenAI is directed to provide information about use of the songs and associated revenues.
- Legal basis: The court held that memorisation during training and subsequent reproduction are both copyright infringements.
Why this matters for AI and copyright in Europe
The ruling is a European first on AI training and lyrics, and could set an important precedent for how generative AI is licensed and governed in the EU.
OpenAI, led by CEO Sam Altman, said it disagrees with the decision and is considering its next steps, noting that the case concerned a limited set of lyrics. An OpenAI spokesperson added that the ruling does not affect the millions of people and businesses in Germany who use the company’s technology.