On Wednesday, Universal, Sony, Warner, and numerous other publishers, sued Twitter for $250 million. Despite hundreds of thousands of takedown warnings, Twitter is accused of infringing 1,700 copyrighted works. The music industry claims Twitter hosts and broadcasts unlicensed music compositions to make money.
Twitter does not license music like Facebook, Instagram, TikTok, YouTube, and Snapchat. These licenses allow other platforms to post videos and content using publisher music. Twitter is accused of purposely encouraging users to publish videos with copyright-protected music to retain account holders, enhance engagement, and raise profits from advertising, subscriptions, and data licensing.
The publishers claim that Twitter promoted tweets and recommended sponsored accounts next to infringing content from a repeat offender who has received repeated infringement warnings. The complaint also claims that Twitter is a refuge for infringers due to its failure to dismiss repeat offenders.
Twitter hasn’t taken reasonable efforts to remove serial offenders’ accounts, so the publishers say it can’t invoke the DMCA to limit its culpability. The DMCA protects internet service providers from repeat infringers. The music business rejects Twitter’s fair use claim, arguing that their music is used on the site to boost views and engagement, not for political or newsworthy discourse.
The complaint demands $150,000 per infringed work for direct copyright, contributory, and vicarious infringement. Anthem Entertainment, Big Machine Music, BMG Rights Management, Kobalt Music Publishing America, and Spirit Music Group are among the 17 publishers the National Music Publishers Association represented in the complaint.
Twitter cannot hide behind the DMCA, according to NMPA president David Israelite. Twitter explored music rights licensing from the three big labels before Elon Musk’s takeover. Over 20 members of Congress wrote to then-CEO Jack Dorsey in 2021, requesting him to employ sophisticated content protection measures to curb pirated content. In January, celebrity picture firm Backgrid filed a similar complaint against Twitter for a claimed violation of thousands of its photos by users.
