{"id":231375,"date":"2025-05-13T19:28:57","date_gmt":"2025-05-13T18:28:57","guid":{"rendered":"https:\/\/www.musicbusinessworldwide.com\/?p=231375"},"modified":"2025-05-13T19:38:41","modified_gmt":"2025-05-13T18:38:41","slug":"music-publishers-file-amended-lawsuit-against-ai-firm-anthropic-which-they-say-bolsters-the-case-over-companys-unauthorized-use-of-song-lyrics","status":"publish","type":"post","link":"https:\/\/www.musicbusinessworldwide.com\/music-publishers-file-amended-lawsuit-against-ai-firm-anthropic-which-they-say-bolsters-the-case-over-companys-unauthorized-use-of-song-lyrics\/","title":{"rendered":"Music publishers file amended lawsuit against AI firm Anthropic, which they say &#8216;bolsters the case&#8217; over company&#8217;s &#8216;unauthorized use of song lyrics&#8217;"},"content":{"rendered":"<p><span style=\"margin: 0px; padding: 0px;\">Music publishers, including Universal Music Group, Concord, and ABKCO, recently filed an amended copyright infringement complaint against the <a href=\"https:\/\/www.musicbusinessworldwide.com\/anthropic-raises-another-3-5b-boosting-valuation-to-61-5b\/\" target=\"_blank\" rel=\"noopener\">$61 billion-valued<\/a> AI startup Anthropic.<\/span><\/p>\n<p>And, once again, Anthropic \u2013\u00a0 which has the backing of <strong><a href=\"https:\/\/www.musicbusinessworldwide.com\/anthropic-just-landed-another-4bn-investment-from-amazon-amid-its-ongoing-copyright-fight-with-universal-concord-and-abkco\/\">Amazon<\/a><\/strong> and <strong><a href=\"https:\/\/www.musicbusinessworldwide.com\/google-to-invest-up-to-2bn-in-ai-company-anthropic-which-is-currently-being-sued-for-copyright-infringement-by-universal-music-group\/\">Google<\/a><\/strong>, among others, to the tune of billions \u2013 has filed a motion to dismiss much of the case.<\/p>\n<p>But this time, the publishers say they come armed with a stronger case, and they argue Anthropic hasn\u2019t.<\/p>\n<p>\u201cFor its part, Anthropic\u2019s motion to dismiss simply rehashes some of the arguments from its earlier motion \u2013 while giving up on others altogether,\u201d a spokesperson for the plaintiff publishing companies said in an email to <em>MBW<\/em>.<\/p>\n<p>The publishers&#8217; amended complaint arrived a few weeks after <span style=\"margin: 0px; padding: 0px;\">they were dealt <\/span><b><a href=\"https:\/\/www.musicbusinessworldwide.com\/music-publishers-remain-very-confident-of-winning-anthropic-case-and-will-vigorously-pursue-monetary-damages1\/\" target=\"_blank\" rel=\"noopener\">a setback <\/a><\/b>in their initial proceedings against<span class=\"Apple-converted-space\">\u00a0A<\/span>nthropic.<\/p>\n<p>The publishers said at the time, however, that they remained &#8220;very confident&#8217; of winning the case and would &#8220;vigorously pursue&#8221; monetary damages.<\/p>\n<p><span style=\"font-weight: 400;\">      <div class=\"mb-advert__incontent\">      <div class=\"mb-advert mb-advert__tweeny hidden-xs hidden-ms hidden-sm\" data-loaded=\"no\" data-sizes=\"992 1200 1440\" data-name=\"628x90 Sponsor banner #5 (992+1200+1440)\" data-params=\"dfp_sponsor5_628\" id=\"dfp_sponsor5_628\"><\/div>      <div class=\"mb-advert mb-advert__banner mb-advert__banner--inline hidden-xs hidden-sm hidden-md hidden-lg\" data-loaded=\"no\" data-sizes=\"480\" data-name=\"468x60 Sponsor banner #5 (480)\" data-params=\"dfp_sponsor5_468\" id=\"dfp_sponsor5_468\"><\/div>      <div class=\"mb-advert mb-advert__mobile mb-advert__mobile--inline hidden-ms hidden-md hidden-lg\" data-loaded=\"no\" data-sizes=\"320 768\" data-name=\"300x50 Sponsor banner #5 (320+768)\" data-params=\"dfp_sponsor5_300\" id=\"dfp_sponsor5_300\"><\/div>      <\/div>      <\/span><\/p>\n<p>Most recently, following the amended lawsuit (filed April 25) and Anthropic&#8217;s latest motion to dismiss (filed on May 9), the publishers issued the following statement to MBW:<\/p>\n<p>\u201cOur amended complaint bolsters the case against Anthropic for its unauthorized use of song lyrics in both the training and the output of its Claude AI models.<\/p>\n<p>&#8220;For its part, Anthropic\u2019s motion to dismiss simply rehashes some of the arguments from its earlier motion \u2013 while giving up on others altogether.<\/p>\n<p>&#8220;Anthropic now concedes that real-world users have prompted Claude for lyrics and received output copying our lyrics \u2014 including one of Anthropic\u2019s own founders, as we highlight in the amended complaint.<\/p>\n<p>&#8220;Anthropic has never once challenged our direct infringement claims, and we expect its recycled challenges to our other claims will also fail.\u201d<\/p>\n<p>The publishers allege Anthropic committed mass copyright infringement by training Claude on copyrighted lyrics, and then by allowing Claude to regurgitate those lyrics when prompted.<\/p>\n<p>The new complaint asserts the same four charges the publishers leveled against Anthropic the first time around:<\/p>\n<ul><li><strong>Direct copyright infringement<\/strong> (training AI on copyrighted materials and reproducing copyrighted materials)<\/li><li><strong>Contributory copyright infringement<\/strong> (copyright infringement by Claude users)<\/li><li><strong>Vicarious copyright infringement<\/strong> (making money off Claude users\u2019 copyright infringement)<\/li><li><strong>Violation of the Digital Millennium Copyright Act<\/strong> (stripping out content management information from the files Anthropic used to train its AI)<\/li><\/ul>\n<p>\u201cCountless users unaffiliated with [music] publishers have prompted Claude for lyrics\u2026 and Claude has responded by generating output that likewise copies verbatim or near-verbatim the copyrighted lyrics to publishers\u2019 works \u2013 including, for example, the lyrics to [<strong>Bob Dylan<\/strong>\u2019s] <em>Highway 61 Revisited<\/em>, [<strong>Neil Diamond<\/strong>\u2019s] <em>Sweet Caroline<\/em>, [<strong>Thin Lizzy<\/strong>\u2019s] <em>The Boys are Back in Town<\/em>, and [<strong>The Police<\/strong>\u2019s] <em>Message in a Bottle<\/em> \u2013 as shown in the limited records Anthropic has produced so far in this litigation,\u201d stated the publishers\u2019 amended complaint, which can be read <a href=\"https:\/\/www.musicbusinessworldwide.com\/files\/2025\/05\/UMG-et-al-first-amended-complaint-1.pdf\"><span style=\"text-decoration: underline;\">in full here<\/span>.<\/a><\/p>\n<blockquote><p>&#8220;Anthropic\u2019s motion to dismiss simply rehashes some of the arguments from its earlier motion \u2013 while giving up on others altogether.&#8221;<\/p>\n<p><span style=\"color: #000000;\">music publishers<\/span><\/p><\/blockquote>\n<p>In their new motion to dismiss, Anthropic\u2019s lawyers restated many of the arguments they made in the first (and successful) motion to dismiss, including that the music publishers didn\u2019t prove that Anthropic knew its users were violating copyrighted lyrics; that they didn\u2019t prove Anthropic made any money off allowing lyrics to be ripped off; and that they didn\u2019t prove Anthropic knew the content it used had content management information stripped out.<\/p>\n<p>The publishers\u2019 amended complaint addresses many of these issues, including that Claude users have been prompting the chatbot to regurgitate lyrics.<\/p>\n<p>\u201cDuring just a nine-day period in September 2023, the month before publishers filed this lawsuit, the term \u2018lyric\u2019 appeared in more than 170,000 Claude prompt and output records \u2014 nearly 20,000 every day,&#8221; the complaint states.<\/p>\n<p>\u201cIn total, literally millions of Claude prompt and output records contain the term \u2018lyric.\u2019 Many of these are prompts by third-party Claude users seeking lyrics to publishers\u2019 works and output by Anthropic\u2019s AI models copying those lyrics.&#8221;<\/p>\n<p>The complaint continues: \u201cWhat\u2019s more, Anthropic itself has repeatedly requested lyrics from its Claude AI models when developing and training those models.<\/p>\n<p>\u201cAnthropic\u2019s internal chat records reveal that key Anthropic employees explicitly contemplated prompting Claude for the lyrics to publishers\u2019 works and discussed various lyric-related prompts. In fact, Anthropic\u2019s own co-founder and chief compute officer <strong>Tom Brown<\/strong> queried \u2018@Claude what are the lyrics to desolation row by Dylan?, one of publishers\u2019 works\u2026<\/p>\n<p>\u201cIn short, contrary to Anthropic\u2019s repeated representations that its users do not use Claude to find lyrics, the evidence shows the opposite.\u201d<\/p>\n<blockquote><p>&#8220;Contrary to Anthropic\u2019s repeated representations that its users do not use Claude to find lyrics, the evidence shows the opposite.\u201d<\/p>\n<p><span style=\"color: #000000;\">Universal Music Group et al, in legal complaint against Anthropic<\/span><\/p><\/blockquote>\n<p>The complaint also seeks to address Anthropic\u2019s claim that the publishers can\u2019t prove the AI company stripped content management information from the copyrighted music files they used.<\/p>\n<p>The publishers\u2019 complaint alleges that high-ranking Anthropic employees, including its co-founders <strong>Benjamin Mann<\/strong> and <strong>Jared Kaplan<\/strong>, concluded that a tool they were using to strip out additional data from text files \u201cleft too much \u2018useless junk\u2019 \u2013 such as copyright notice information contained in footers \u2013 in scraped web data,\u201d the complaint states.<\/p>\n<p>\u201cMann also expressed his desire that the AI \u2018model will learn to ignore the boilerplate,\u2019 like copyright notices.\u201d<\/p>\n<p>Anthropic has responded to the allegations with a new motion to dismiss much of the case. As it did with its previous motion last August, the AI company is asking the court to toss out three of the four charges and focus on just one \u2013 <strong>direct copyright infringement.<\/strong><\/p>\n<p>Anthropic\u2019s plan \u2013 as it has implied in its court filings \u2013 is to focus on that one charge in order to argue that using copyrighted content to train AI should be considered \u201cfair use\u201d under US copyright law \u2013 an idea that\u2019s vehemently rejected by much of the music business and other creative industries.<\/p>\n<p><span style=\"font-weight: 400;\">      <div class=\"mb-advert__incontent\">      <div class=\"mb-advert mb-advert__spu\" data-loaded=\"no\" data-name=\"300x250 Sponsor MPU #1\" data-params=\"dfp_spu1\" id=\"dfp_spu1\"><\/div>      <\/div>      <\/span><\/p>\n<p>That strategy <a href=\"https:\/\/www.musicbusinessworldwide.com\/music-publishers-remain-very-confident-of-winning-anthropic-case-and-will-vigorously-pursue-monetary-damages1\/\" target=\"_blank\" rel=\"noopener\">worked once before<\/a>. In March of this year, Judge <strong>Eumi K. Lee<\/strong> of the US District Court for the Northern District of California granted Anthropic\u2019s motion to dismiss all but one charge \u2013 but the judge left the door open for the music publishers to refile their complaint, which the publishers have now done.<\/p>\n<p>In its new motion to dismiss, Anthropic argues that the music publishers still haven\u2019t made their case for anything other than a claim of direct copyright infringement.<\/p>\n<p>\u201cAfter a year of discovery and two opportunities to plead their claims before this court, plaintiffs still cannot plausibly allege that Anthropic had the requisite knowledge of specific infringements for purposes of contributory liability, that Anthropic obtained a direct financial benefit for purposes of vicarious liability, or that Anthropic had the required mental state for purposes of their DMCA claim,\u201d states the motion, which can be read in full <a href=\"https:\/\/www.musicbusinessworldwide.com\/files\/2025\/05\/Anthropic-motion-to-dismiss-1.pdf\">here.<\/a><\/p>\n<p>The hearing on Anthropic\u2019s latest motion to dismiss is tentatively scheduled for July.<\/p>\n<hr \/>\n<p>The motion is the latest in a court case that has taken various twists and turns, with some rulings coming down in favor of the music publishers while others strengthened Anthropic\u2019s hand.<\/p>\n<p>One significant victory for the music publishers came early this year when the court approved <a href=\"https:\/\/www.musicbusinessworldwide.com\/universal-music-concord-music-abkco-welcome-court-approved-guardrails-in-anthropic-ai-dispute\/\" target=\"_blank\" rel=\"noopener\">a plan to add \u201cguardrails\u201d<\/a> to Anthropic\u2019s AI to prevent it from spitting out copyrighted lyrics. The rule applies to Anthropic\u2019s currently available AI tools and future tools as well.<\/p>\n<p>However, the publishers\u2019 new complaint suggests that Anthropic\u2019s guardrails may not be working as intended.<\/p>\n<p><span style=\"font-weight: 400;\">      <div class=\"mb-advert__incontent\">      <div class=\"mb-advert mb-advert__spu\" data-loaded=\"no\" data-name=\"300x250 Sponsor MPU #2\" data-params=\"dfp_spu2\" id=\"dfp_spu2\"><\/div>      <\/div>      <\/span><\/p>\n<p>\u201cAnthropic\u2019s post-suit guardrails continued to be ineffective at preventing infringing output copying publishers\u2019 lyrics. For example, in November 2024, over a year after publishers filed the [initial] lawsuit, publishers\u2019 investigators found that the latest versions of Claude continued to generate unauthorized copies of publishers\u2019 lyrics when accessing Claude via Anthropic\u2019s partners,\u201d the publishers\u2019 complaint states.<\/p>\n<p>In March of this year, in a setback for the publishers, the court <a href=\"https:\/\/www.musicbusinessworldwide.com\/umgs-ai-training-injunction-request-shot-down-by-judge-in-anthropic-lawsuit-but-music-publishers-can-now-gather-more-evidence-from-platform\/\" target=\"_blank\" rel=\"noopener\">rejected<\/a> a petition for a preliminary injunction against Anthropic that would have prohibited the AI developer from using the publishers\u2019 lyrics to train its AI.<\/p>\n<p>Judge Lee concluded that the publishers had failed to demonstrate \u201cirreparable harm\u201d from Anthropic\u2019s (alleged) use of the lyrics \u2013 a prerequisite for this type of injunction.<\/p>\n<p>But the court did rule in the publishers\u2019 favor one another issue: It granted publishers the right to search through Anthropic\u2019s records for any prompts that include a song title and the word \u201clyrics,\u201d whenever the two terms appeared within 20 words of each other.<\/p>\n<p>Anthropic had been arguing that it should only produce records of prompts when the song title and \u201clyrics\u201d appeared within five words of each other, which would likely have surfaced far fewer cases of potential copyright infringement.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Music publishers have refiled their legal complaint against Anthropic, and the AI company has once again moved to have the case dismissed<\/p>\n","protected":false},"author":46,"featured_media":231512,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[7],"tags":[131248,130670,132652,134146],"class_list":["post-231375","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-anthropic","tag-copyright-lawsuit","tag-motion-to-dismiss","tag-music-publishers"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/posts\/231375","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/users\/46"}],"replies":[{"embeddable":true,"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/comments?post=231375"}],"version-history":[{"count":0,"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/posts\/231375\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/media\/231512"}],"wp:attachment":[{"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/media?parent=231375"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/categories?post=231375"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.musicbusinessworldwide.com\/wp-json\/wp\/v2\/tags?post=231375"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}