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Judge Signals GEMA Edge in Munich Case Over ChatGPT’s Use of Song Lyrics

The judge’s preliminary view finds likely memorization of protected texts that were reproduced by the model.

Overview

  • At the opening hearing, presiding judge Elke Schwager indicated she leans toward GEMA on key points, including likely memorization and reproduction of lyrics.
  • The dispute covers the texts of nine songs such as “Atemlos,” “Bochum,” “Männer,” “Über den Wolken,” and “In der Weihnachtsbäckerei,” with a dispute value of about €600,000.
  • Proceedings were adjourned to November 11, when the court plans to issue a decision or consider steps such as referring questions to the European Court of Justice.
  • OpenAI rejects GEMA’s claims, argues its models do not memorize training data, and says newer ChatGPT versions no longer output the contested lyrics.
  • GEMA frames the case as safeguarding creators’ compensation and says the hearing underscored the copyright relevance of AI training and outputs.