German collecting society GEMA has won a landmark copyright case against AI giant OpenAI.
On Tuesday (November 11), a court in the country found that OpenAI’s ChatGPT chatbot violates copyright laws through its unauthorized use of song lyrics.
The court ruled on Tuesday (November 11) that OpenAI should have acquired licenses for German song lyrics in GEMA’s repertoire before using them to train and operate ChatGPT.
The verdict marks the first time a European court has legally examined and ruled in favor of creators whose works have been used by generative AI systems.
According to the ruling, ChatGPT’s systems contain copies of original works that are reproduced and made available in response to user prompts.
The court determined these reproductions constitute copyright infringement, requiring OpenAI to obtain licenses that provide appropriate remuneration to rights holders.
The court rejected OpenAI’s position that it qualifies as a privileged research organization and ruled that legal authorization for text and data mining does not justify the storage and output of copyright-protected song lyrics.
GEMA demonstrated that ChatGPT reproduces protected lyrics by well-known authors in response to simple prompts.
“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.”
Dr Tobias Holzmüller, GEMA
“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,” said Dr Tobias Holzmüller, GEMA’s CEO.
“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.”
“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.”
GEMA filed the lawsuit in November 2024 against OpenAI, claiming the company systematically uses copyrighted material without payment while other internet services pay licensing fees.
The collecting society had offered OpenAI a licensing model specifically developed for AI tool providers in September 2024, designed to provide a legal basis for using music while ensuring fair remuneration for creators. According to GEMA, OpenAI has shown unwillingness to follow this or any other licensing model.
GEMA has another lawsuit pending against US-based AI music generator Suno, which is scheduled for a hearing on January 26, 2026. The organization alleges Suno’s AI tool was trained on original recordings from GEMA’s repertoire and now reproduces misleadingly similar versions.
GEMA represents copyrights for more than 100,000 members in Germany and over two million rights holders worldwide, making it one of the largest collecting societies for musical works globally.Music Business Worldwide
