GEMA welcomes German court ruling on ChatGPT copyright case – Music Week
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GEMA has welcomed the verdict of the Regional Court in Munich following its legal action against OpenAI, which operates ChatGPT.
The court found that the way OpenAI is currently running ChatGPT violates the relevant European copyright laws.
In the ruling, the Munich Regional Court held that OpenAI should have acquired the rights to the relevant song lyrics by German lyricists and songwriters in the GEMA repertoire in order to use them for the purpose of training and operating ChatGPT.
The ChatGPT systems contain copies of the original works, which are reproduced and made available in response to simple prompts by users.
“Such reproductions amount to infringements of remunerable copyright, for which OpenAI must obtain a licence that provides the copyright holders with appropriate remuneration,” said a statement from GEMA.
In response to the ruling, Dr Tobias Holzmüller, CEO of GEMA, said: “The internet is not some kind of self-service buffet, and creative achievements by human beings are not simply templates for use free of charge. Today, we have set a precedent that both protects and clarifies the rights of creative copyright holders: operators of AI tools such as ChatGPT must also comply with copyright law. Today, we successfully defended the livelihoods of music creators.”
“For the first time, today’s ruling clarifies key legal questions concerning the way new technology interacts with European copyright law,” added Dr Kai Welp, General Counsel for GEMA. “The verdict represents a milestone on the way to obtaining fair remuneration for authors and creators throughout Europe. Even tech giants must obtain licences for the use of intellectual property; they cannot evade their obligations.”
Today, we have set a precedent that both protects and clarifies the rights of creative copyright holders
Dr Tobias Holzmüller
“We disagree with the ruling and are considering next steps,” said an OpenAI spokesperson. “The decision is for a limited set of lyrics and does not impact the millions of people, businesses, and developers in Germany that use our technology everyday. We respect the rights of creators and content owners and are having productive conversations with many organisations around the world, so that they can also benefit from the opportunities of this technology.”
According to OpenAI, AI systems like ChatGPT do not store or contain training data; instead, they learn patterns and generate new outputs based on those patterns.
OpenAI is one of the world’s market leaders in the field of generative AI. The court made it clear that legal authorisation for text and data mining does not in any way justify the storage and output of copyright-protected song lyrics.
GEMA demonstrated that ChatGPT reproduces copyright-protected lyrics by well-known authors in response to simple prompts. The court confirmed that this gives rise to a licensing obligation. As a result, OpenAI was found to have violated copyright laws.
“The Regional Court’s decision shows that the way AI systems operate systematically infringes the rights of authors,” said Dr Kai Welp.“There is an urgent need for action here. GEMA’s licensing model offers one solution, but the legal framework must also be improved in favour of creative artists, so that the acquisition of licences by companies becomes the rule. We will continue to work towards this goal.”
GEMA provides a licensing model that was developed specifically for providers of AI tools in September 2024. The model provides a safe legal basis for using music to operate and further develop AI tools by ensuring that music creators are fairly remunerated in a way that continues to encourage musical innovation.
GEMA has taken separate legal action against Suno, the US provider of AI-generated audio content. A hearing is expected to take place on January 26, 2026.
PHOTO: Samuel Boivin/NurPhoto/Getty Images
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