Music Publishers and Social Media Platform X Near Agreement
The music publishers and social media platform X are approaching an agreement on their two-year lawsuit against copyright violations, according to new documents submitted to a federal court in Tennessee. This lawsuit was filed by all three major music publishers – Universal Music Publishing, Sony Music Publishing, and Warner Chappell – along with other big players, including Concord, BMG, and Kobalt.
Background of the Lawsuit
The lawsuit, which was submitted in 2023, claimed $250 million in damages for violations of music composition copyrights. At the time, David Israelite, President and CEO of the National Music Publishers Association, stated, "Twitter is alone as the largest social media platform that has completely refused to license the millions of songs in its service." This refusal to license music led to the lawsuit, with the publishers alleging that X had not taken adequate steps to prevent copyright infringement on its platform.
Progress of the Lawsuit
The lawsuit was partially dismissed last year, with Judge Aleta Trauber dismissing some of the claims. However, the case was allowed to proceed with the plaintiff’s allegations that X had "more willfully enforced copyrights" and had failed to act on takedown notices. The publishers alleged that X had not taken sufficient steps to verify users and prevent copyright infringement.
Recent Developments
On June 6, the publishers and X submitted a joint application to stay the proceedings, stating that both parties had "decided to engage in good faith efforts to settle this lawsuit completely and amicably." Judge Trauber ordered the stay on June 11, giving the parties 90 days to resolve the case before the stay is lifted. If the discussions remain productive but no solution is achieved within 90 days, the parties can request a further extension.
Implications of the Agreement
The intention of the stay is to allow the publishers and X to discuss a solution to the lawsuit and provide proper compensation for songwriters and publishers for non-licensed uses in the past. This could potentially lead to a licensing agreement, allowing X to legally use music on its platform. A spokesman for the NMPA stated, "The intention of the stay is to discuss with X the solution to the suit and the proper remuneration for songwriters and publishers for non-licensed uses in the past and at the same time give the opportunity to bring the licensing forward."
Next Steps
A representative of X did not immediately respond to requests for comment. According to the initial stay request, the discovery in the case was expected to end on July 17, 2025. The companies noted that there were still "numerous depositions" to be taken before the discovery ended, as well as the opening of expert reports in August. The parties acknowledged that the upcoming activities, including discovery disputes, could impact the prospects of a friendly resolution to the lawsuit.
