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OpenAI may not use lyrics without license, German court rules

reuters.com

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Re: OpenAI may not use lyrics without license, German court rules

#111
I think in the end they will just pay off copyright holders. The German GEMA is mostly interested in rent-seeking through whatever means available, it's basically the whole point of the organization.

They'll easily be paid off once all legal avenues are exhausted for OpenAI. Though they'll of course keep fighting in court in the hopes of some more favorable negotiating position.

Re: OpenAI may not use lyrics without license, German court rules

#112
post #68

Simon Willison had an analysis of Claude's system prompt back in May. One of the things that stood out was the effort they put in to avoiding copyright infringement: https://simonwillison.net/2025/May/25/claude-4-system-prompt... Everyone knows that these LLMs were trained on copyrighted material, and as a next-token prediction model, LLMs are strongly inclined to reproduce text they were trained on.

All AI companies know they're breaking the law. They all have prompts effectively saying "Don't show that we broke the law!". That we continue to have tech companies consistently breaking the law and nothing happens is an indictment of our current economy.

Re: OpenAI may not use lyrics without license, German court rules

#113

The obsession with protecting access to lyrics is one of the strangest long-running legal battles to me. I will skip tracks on Spotify sometimes specifically because there are no lyrics available. Easy access to lyrics is practically an advertisement for the music. Why do record companies not want lyrics freely available? In most cases, it means they aren't available at all. How is that a good business decision?

It's a good decision because it must be an incredible minority of people who only listen to music when the lyrics can be displayed. I'd imagine most people aren't even looking at the music playing app while listening to music. Regardless, they are copyrighted and they get license fees from parties that do license them and they make money that way. Likely much more money than they would make from the streams they are losing from you.

Re: OpenAI may not use lyrics without license, German court rules

#114

The obsession with protecting access to lyrics is one of the strangest long-running legal battles to me. I will skip tracks on Spotify sometimes specifically because there are no lyrics available. Easy access to lyrics is practically an advertisement for the music. Why do record companies not want lyrics freely available? In most cases, it means they aren't available at all. How is that a good business decision?

I think having the lyrics reproducible in text form isn't the problem. Many sites have been doing that for decades and as far as I know record companies haven't gone after them. But these days with generative AI, they can take lyrics and just make a new song with them, and you can probably see why artists and record companies would want to stop that.

Plus, from TFA,

"GEMA hoped discussions could now take place with OpenAI on how copyright holders can be remunerated."

Getting something back is better than nothing

Re: OpenAI may not use lyrics without license, German court rules

#115
post #59
post #35

While I partially understand (but not support) the hate against AI due to possible plagiarism and "low effort generation" of works, think about the whole process: If model providers will be liable for generating output, that resembles lyrics or very short texts that fall under copyright laws, they will just change their business model. E.g. why offering lame chat agents as a service, when you can keep the value gener…

The fact they don't already do that, sounds to me like the things produced by AI are not worth the investment. Especially since the output is not copyrightable, right? If there was a lot of gold to find they wouldn't sell the shovels.

There is a lot of value in specialization. It allows capitalism to do its magic to elevate the best uses of your technology without yourself taking on any of the risk. Trying to inhouse everything often smothers innovation and leads to bad resource allocation. It can be done, but in fields with a lot of ongoing innovation it's extremely hard to get right

There is a reason that Cisco doesn't offer websites, and you are probably actively ignoring whatever websites your ISP has. ASML isn't making chips, and TSMC isn't making chip designs

Re: OpenAI may not use lyrics without license, German court rules

#116

Earlier quoted context omitted.

You had originally said the user should be liable instead of OpenAI being liable. > However, the lyrics are shown because the user requested them, shouldn't be the user be liable instead? I would imagine the sociological rationale for allowing sex work would not map to a multi-billion-dollar company. And to add, the social network example doesn't map because the user is producing the content and sharing it with the n…

No, the edited wording still conveys the same meaning. My edit was to fix another grammar typo. The social networks are distributing such content AND benefiting from selling ads on them. Adding ads on top is a derivative work. Personally I'm on the side of penalizing the side that provides the input, not the output: - OpenAI training on copyrighted works. - Users requesting custom works based on copyrighted IP That i…

I am curious why you are of the opinion that the user should be in trouble for requesting the copyright material and not the provider of the material. I feel like there is a distinction in something that was local-first compared to a SaaS. Like a local AI model that reproduced copyrighted works for your own use might not be problematic compared to a remote model reproducing a copyrighted work and distributing it over the internet to you. Most jurisdictions treat remote access across jurisdictional boundaries differently than completely local acts.

Re: OpenAI may not use lyrics without license, German court rules

#117

Earlier quoted context omitted.

Perhaps; I didn't read the court ruling. But I'd be surprised if that was generally the case. It's easy to see why ChatGPT 1:1 reproducing a song's lyrics would be a copyright issue. But creating a derivative work based on the song? What if I made a website that counts the number of alliterations in certain songs' lyrics? Would that be copyright infringement, because my algorithm uses the original lyrics to derive it…

> But creating a derivative work based on the song? 1. it wouldn't matter as derivative work still needs the original license 2. expect if it's not derivative but just inspired, and the court case was about it being pretty much _the same work_ OpenAIs defense also wasn't that it's derived or inspired but, to quote > Since the output would only be generated as a result of user inputs known as prompts, it was not the d…

That seems like a really broad interpretation of "technically memorization" that could have unintended side effects (like say banning equations that could be used to generate specific lyrics), but I suppose some countries consider loading into RAM a copy already. I guess we're already at absurdity

Re: OpenAI may not use lyrics without license, German court rules

#118

Earlier quoted context omitted.

They scan for commercial work already. Isn’t the law about training, not output?

Perhaps; I didn't read the court ruling. But I'd be surprised if that was generally the case. It's easy to see why ChatGPT 1:1 reproducing a song's lyrics would be a copyright issue. But creating a derivative work based on the song? What if I made a website that counts the number of alliterations in certain songs' lyrics? Would that be copyright infringement, because my algorithm uses the original lyrics to derive it…

>But creating a derivative work based on the song?

You need a license to create derivative works.

Re: OpenAI may not use lyrics without license, German court rules

#120

Earlier quoted context omitted.

There are 80 million Germans. If you where OpenAI, or it's shareholders, would you leave that market open for a competitor? No, you'd make a version of your product without the lyrics. More EU countries are going to follow and reach the same conclusion, especially now that Germany has set a legal precedence. Should OpenAI just pull out of a market with 500 million people and leave it to Claude, Perplexity or someone…

> More EU countries are going to follow and reach the same conclusion, especially now that Germany has set a legal precedence. That's not how laws and regulations work in European or even EU countries. Courts/the legal system in Germany can not set legal precedents for other countries, and countries don't use legal precedents from other countries, as they obviously have different laws. It could be cited as an authori…

>That's not how laws and regulations work in European or even EU countries. Courts/the legal system in Germany can not set legal precedents for other countries, and countries don't use legal precedents from other countries, as they obviously have different laws. It could be cited as an authority, but no one is obligated to follow that.

Do you have some sort of different understanding of copyright law where it's legal to commercially use lyrics (verbatim, mind you) without a license?

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