The National Music Publishers’ Association (NMPA) has filed a lawsuit against Twitter on behalf of 17 prominent music publishers. The lawsuit, submitted in federal court in Tennessee, alleges that Twitter extensively utilizes unauthorized copies of musical compositions, thereby violating the exclusive rights of publishers and other copyright holders.
The complaint includes a list of approximately 1,700 songs, which the publishers claim have been the subject of multiple copyright infringement notices sent to Twitter, with no appropriate action taken by the company. The NMPA is seeking penalties of up to $150,000 per violation from the court, amounting to $250,000,000.
This issue was raised before Elon Musk’s acquisition of Twitter for $44 billion last year. According to unnamed Twitter employees cited by The New York Times, Twitter had avoided entering into a music licensing agreement due to the significant associated costs, estimated to exceed $100 million annually. The Times also reported that licensing negotiations between three major record labels and Twitter stalled following Musk’s takeover in the previous fall.
The lawsuit also references Musk’s tweets and his Twitter Blue subscription package, which offers extended video-uploading capabilities. However, it does not mention the recent influx of movies uploaded to Twitter, such as unauthorized copies of The Super Mario Bros. Movie and Avatar: The Way of Water, which remained available for several hours before being removed. Instead, the lawsuit cites specific tweets from Musk.
In one tweet, Musk criticized the “overzealous DMCA,” though this particular tweet was not included in the lawsuit. One cited sees shows a Twitter user expressing concerns about their account being suspended after receiving five copyright notices, to which Musk responded by saying he would investigate the matter and suggested they consider enabling subscriptions. The lawsuit claims that this advice encouraged users to pay Twitter to conceal infringing content, preventing it from being flagged.
Musk had also tweeted in March that accounts engaging in repeated and malicious misuse of the Digital Millennium Copyright Act (DMCA) would face temporary suspensions while emphasizing support for legitimate takedown requests.
The majority of the alleged copyright infringements reported to Twitter relate to music videos, live music performances, or videos synchronized with copyrighted music. The NMPA accuses Twitter of using these videos as leverage to enhance its platform’s value by increasing user engagement. Furthermore, the NMPA asserts that Twitter has neglected to remove infringing content even after being notified and has facilitated known repeat infringers without the risk of their accounts being suspended.
Most major social networks, including TikTok, Facebook, Instagram, YouTube, and Snapchat, have entered into agreements with music publishers and labels. The lawsuit highlights a previous conflict between Amazon-owned Twitch and the music industry in late 2020, which culminated in Twitch announcing a partnership with the NMPA to address music licensing concerns by September 2021. Additionally, companies like Roblox and Peloton have recently settled with the NMPA regarding music copyright issues.
Following Musk’s announcement of an impending selection of a new Twitter CEO, NMPA president David Israelite tweeted to Musk, suggesting that addressing the extensive amount of unlicensed music on the platform should be a priority. This tweet echoes a similar message conveyed last spring.
Twitter has yet to respond to requests for comment regarding the lawsuit, and since its filing, Musk has focused his tweets on topics such as Tucker Carlson and crime in San Francisco. Meanwhile, the newly appointed CEO, Linda Yaccarino, has not tweeted since sharing the contents of her initial letter to Twitter employees.
See the lawsuit and list of 1,700 songs below.