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BERLIN — GEMA, the German performing rights organization (PRO), today sued OpenAI for copyright infringement in Munich regional court, alleging that the technology company used without permission lyrics from songs to which GEMA licenses rights. This makes GEMA the first PRO to file such a lawsuit, although it controls some rights that U.S. societies do not. This also seems to be the first case involving only lyrics; the case does not involve recordings. In its announcement, GEMA described the suit as a “model action,” aimed at clarifying copyright law in Germany, and potentially all of Europe.
Since OpenAI offers copyrighted song lyrics in response to prompts, GEMA is alleging that the company trained its software on song lyrics that it has the rights to license, so it is suing the company for violations of the making available and reproduction right. (Making available is a right under European law that in this case is roughly analogous to the right of public performance, or in this case public display. It’s also alleging two infringing reproductions – one to ingest the lyrics for training purposes and another when they are output.) In the U.S., PROs do not control mechanical rights, so they would not have the standing to file such a lawsuit.
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So far, most of the music business lawsuits involving AI companies have been over the ingestion of recordings, although that by definition would also involve the underlying compositions. But OpenAI is already facing a considerable amount of litigation, including a putative class action from authors, a lawsuit from The New York Times, and one each from online publishers and other newspapers. The issue in the U.S. is whether or not copying to train an AI qualifies as a “fair use” exception to copyright law. The record label cases against Suno and Udio will involve the same principle.
European copyright law provides “exceptions and limitations” to copyright, rather than fair use, and the 2019 Copyright Directive allows text and data mining unless rightsholders opt-out. In this case, however, GEMA has opted out for all of the works it licenses. (GEMA does not license the lyrics for all the songs in its repertoire, but the lawsuit involves ones for which it does.) This lawsuit aims to clarify the law, and it has the support of some big German songwriters, as well as their publishers.
“Our members’ songs are not free raw material for generative AI systems providers’ business models,” said GEMA CEO Tobias Holzmüller in a statement. “Anyone who wants to use these songs must acquire a license and remunerate the authors fairly. We have developed a license model for this. We are taking and will always take legal action against unlicensed use.”
The lawsuit comes as rightsholders around the world are becoming more concerned about how AI will affect the value of their works, as well as how they should be compensated for how it is trained. At the end of September, GEMA presented a licensing model for generative AI software that would compensate songwriters and publishers. It has also sent letters to AI companies stating they must license GEMA works in order to use them.
Since OpenAI both operates servers and makes content available in Germany, it will presumably have to operate according to German law. This seems clearer than the U.S. system, where fair use often involves considerable uncertainty. However, European countries do not offer rightsholders the opportunity to collect damages as high as they can get in the U.S.
A representative for OpenAI did not immediately return a request for comment.
Three people were killed and at least four were seriously wounded in a knife attack on Friday at a festival in the western German city of Solingen, police said.
Witnesses alerted police shortly after 9.30 p.m. to an unknown perpetrator having wounded several people with a knife on a central square, the Fronhof. Police said that the perpetrator was on the run, and that they so far had only very thin information on the assailant.
One of the festival organizers, Philipp Müller, appeared on stage and asked festivalgoers to “go calmly; please keep your eyes open, because unfortunately the perpetrator hasn’t been caught.” He said many people had been wounded by “a knifeman.”
At least one helicopter was seen in the air, while many police and emergency vehicles with flashing blue lights were on the road and several streets were closed off.
Mayor Tim Kurzbach said in a Facebook post that “this evening, we in Solingen are all in shock. We all wanted to celebrate our city’s anniversary together and now have dead and wounded to lament.”
“It breaks my heart that an attack on our city happened,” he added.
The local newspaper Solinger Tageblatt quoted Celine Derikartz, its reporter covering the festival, as saying that “the atmosphere is spooky.” She said a party atmosphere had turned to shock within minutes and she saw festivalgoers weeping.
The “Festival of Diversity,” marking the city’s 650th anniversary, began on Friday and was supposed to run through Sunday, with several stages in central streets offering attractions such as live music, cabaret and acrobatics.
Solingen has about 160,000 residents and is located near the bigger cities of Cologne and Duesseldorf.
Germany’s top security official, Interior Minister Nancy Faeser, recently proposed toughening weapons laws to allow only knives with a blade measuring up to 6 centimeters (nearly 2.4 inches) to be carried in public, rather than the length of 12 centimeters (4.7 inches), which is allowed now.
This story was originally published by the Associated Press.
Christoph Behm has been named the new CEO of Sony Music Germany, Switzerland and Austria (GSA), replacing Patrick Mushatsi-Kareba, who is exiting the company at the end of August.
Berlin-based Behm, who began his career at Sony Music in 2011 and has worked in a number of senior roles for the label over the past decade, including head of streaming and director of digital sales, will report to Daniel Lieberberg, president of Sony Music Continental Europe and Africa.
In a statement announcing Behm’s promotion, Lieberberg said the newly appointed CEO’s “deep understanding of our DSP partners and creativity as a leader will serve him well in his new role.”
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“Christoph has played an important role building and expanding our business across this region during the streaming era,” said Lieberberg. “He has worked closely with our artists to bring their music to new fans in innovative ways and has embraced continuous industry change to create opportunity despite rapidly shifting paradigms and business models.”
Sony Music did not provide any details about Mushatsi-Kareba’s departure from the company. The outgoing CEO has headed Sony Music’s operations in the GSA region since 2018 when he joined the label from Universal Music Germany. Prior to that, Mushatsi-Kareba spent eight years at Apple, where he was responsible for overseeing the tech company’s music business in multiple European markets, including Germany, Austria, Italy and Switzerland.
Although Sony Music GSA has enjoyed significant commercial success over the past six years, sources with inside knowledge of their relationship tell Billboard that Mushatsi-Kareba and Lieberberg did not always see eye to eye.
Prior to his promotion to CEO, Behm held the role of senior vp of Sony Music GSA’s commercial division, where he oversaw a large team, including the company’s family entertainment business. In the past two years, Behm’s responsibilities grew to also encompass oversight of catalog, sales and streaming departments in the region.
Top-selling frontline Sony artists in the GSA market include Apache 207, Nina Chuba, Rap Larue and Reezy.
“It fills me with pride to now lead the company that I have served in various roles for so many years,” said Behm, who takes up the CEO post on Sept. 1, in a statement. “We are at another exciting time for our industry, and I look forward with great confidence to this next chapter for Sony Music GSA,” he added.
Germany is the world’s fourth-biggest recorded music market in IFPI’s annual rankings behind the United States, Japan and the United Kingdom.
The star’s German residency features a Ferris wheel, fireworks and some performances with a pianist in front of 75,000 fans.
At the end of February, TikTok took down every song in which Universal Music Publishing Group owns a share, a complicated step in the escalating showdown between the two companies that started a month earlier during the week before the Grammy Awards.
We are now in uncharted territory: Never before has a major label used the “nuclear option” to withdraw both recorded music and publishing rights from a platform — an especially dramatic step because it includes any song in which UMG owns even a small share. (By Billboard‘s estimates, it affects over 60% of the most popular TikTok songs in the U.S.) What most people don’t know is that these negotiations might perhaps also be affected by a Feb. 9 decision from the Munich Regional Court about the German implementation of the 2019 European Union Directive on Copyright in the Digital Single Market — the Urheberrechts-Diensteanbieter-Gesetz (UrhDaG). It will certainly shape future negotiations like this.
The case involved the Berlin-based film distributor Nikita Ventures, which operates YouTube channels and, coincidentally, TikTok. And although it wasn’t covered much by English-language press, it shows that negotiating leverage is gradually shifting from platforms to rights holders. “This verdict,” Matthias Lausen, a founding partner of the Lausen law firm, who represented Nikita told me, “shows that there is no safe harbor in Europe anymore for platforms.”
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In the case, Nikita said that it offered to license its content to TikTok in early 2022, at a cost of three euros per thousand views, an amount based on a published rate from GEMA, the German collecting society. (Licensees often seem to pay less than this.) By summer, TikTok had not responded with a counteroffer, and Nikita said that the content it had asked TikTok to block was available until August. TikTok said in court that it was still negotiating, that its filtering system is compliant with the law and that it responded to takedown notices. The court essentially ruled that TikTok didn’t make a best effort to negotiate, though, and held the company liable for infringement, with damages to be determined, plus required it to provide information about how many times the content in question was accessed, as well as its resulting revenue and profit.
Why does this matter? Until now, the U.S. Digital Millennium Copyright Act and laws like it have limited the leverage of rights holders in negotiations. Platforms that make available content uploaded by users have been free to build audiences, and businesses, as long as they have no direct knowledge of infringement and respond promptly to takedown notices filed by copyright holders. This has given platforms what some might call a “Free Ride,” and on a Feb. 28 UMG earnings call chairman and CEO Lucian Grainge said “there must not be free rides for massive global platforms such as TikTok.”
The 2019 European Copyright Directive was intended to address this, and it requires online platforms to make their “best efforts” to license content, as well as block content they haven’t licensed once rights holders have given them the necessary information. But this is the first court decision based on it.
Nothing will change overnight. The scope of this decision is limited, platforms could potentially get around it by better documenting their negotiations with rights holders, and it’s hard to imagine it will have a substantial effect on UMG’s negotiations with TikTok. But it shows that Europe is serious about forcing online platforms to negotiate on an even playing field, which should result in more favorable deals. (Since European countries do not have class-action lawsuits or high statutory damages for copyright infringement, though, this will not lead to a gold rush of litigation.)
Much of that is in the future, and some of these deals will involve platforms that don’t even exist yet. To get a sense of how this might play out, though, imagine a video-based nano-blogging platform that allows schoolchildren to record minute-long covers of pop songs. (I’m making this up, of course, but it’s not the dumbest idea I’ve heard this year.) That platform would have to approach rightsholders about deals early and often, then take serious steps to block the content they ask it to. That means it would have to license content before it got big — not once it’s already too big to fail.
Even now, TikTok needs to make a “best effort” to take down UMG’s publishing catalog. The company took prompt action, so it’s likely to be in the clear there, although it will be interesting to see what happens with recordings that are sped up and slowed down. At a time when songs are sliced and diced by influencers, how elaborate does a best effort have to be? Could we find out in a case that involves this dispute? The odds are against it, but stranger things have happened.
For the past quarter century, rights holders have had a hard time negotiating on an even playing field, which has arguably pushed down the price of content for both online businesses and, through them, for users. That dynamic is changing — slower than rights holders want and faster than platforms prefer — but steadily all the same. It will be hard to measure this, because these big licensing deals by their nature are complicated and intransparent. Finally, though – for good or ill depending on what side you’re
BERLIN — Deutsche Grammophon marked its 125th anniversary in Berlin last night (Dec. 6) at the first of three concerts to celebrate the classical music label’s legacy, as well as its current stars. At the city’s storied Konzerthaus, new signing Joana Mallwitz conducted her orchestra; violinist Bomsori Kim and cellist Kian Soltani performed Ludwig van Beethoven‘s Triple Concerto, and Bruce Liu played the German master’s Choral Fantasy. Liu, one of the label’s rising stars, in 2021 won the International Chopin Competition.
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The Berlin concert will be followed by concerts in Philadelphia and Seoul. The U.S. event, on Dec. 9, will feature María Dueñas, Hélène Grimaud and Moby, who has recently released some work on the label; and in South Korea, on Dec. 15, Vikingur Ólafsson will perform the “Goldberg Variations.”
“To this day, Deutsche Grammophon is home to the biggest classical stars of their time,” said Frank Briegmann, chairman and CEO of Universal Central Europe and Deutsche Grammophon, at a reception before the concert. “It is the guardian of a cultural treasure of incredible proportions.”
Deutsche Grammophon, a cultural institution in the classical music world, is the oldest operating record company. It was founded in 1898 by Emile Berliner, a German Jew who moved to the U.S. and in 1887 patented the “Gramophone,” a technology for recording and reproducing sound by engraving and tracing it with a stylus – initially on a cylinder and then on a flat disc. After licensing the rights to manufacture his invention, he sent his nephew, Joseph Sanders, to open a German subsidiary, which severed its relationship with the parent company in 1914.
In 1941, the company was purchased by Siemens & Halske, a corporate ancestor of today’s Siemens company. Over the next two decades, Deutsche Grammophone became known for its distinctive yellow logo and high-fidelity classical music recordings that were marvels of technology at the time and are still considered iconic today. As its rival recording companies shifted toward pop, Deutsche Grammophone focused on classical, and then also contemporary music. In 1962, Siemens formed a joint venture with the Dutch company Philips to run the company that became PolyGram International – which in 1999 was purchased by what was then the parent company of Universal Music Group and merged with it.
The company’s catalog, reputation and logo still endure, and about a year ago it launched Stage+, a high-fidelity subscription streaming service that includes access to performances on video. The label’s anniversary concerts will be shown on the service.
“Nothing has changed,” said label president Dr. Clemens Trautmann, referring to the company’s record for using the new technology of the time. “And everything has changed.”
Usually, when one says a label dominates an album chart, that means it has most of the top ten — seven, for example, or maybe sometimes eight. This week in Germany, however, UMG has all 10. This seems to be the first time this has happened in Germany, although it is hard to say this […]
BERLIN — After introducing himself in German — a daring act for a foreigner — Warner Music Group CEO Robert Kyncl said a few words about why he was so excited to be at the opening of the company’s new Berlin office. “The world is noisier than ever,” he said, just as the roar of nearby S-Bahn made it so, but there was considerable excitement about the music coming out of Germany. He shared one example: “Komet,” a recent hit by veteran rock artist Udo Lindenberg and rapper Apache 207 that has broken chart records.
While the German music business has historically been divided among its major cities, Berlin is emerging as the country’s music capital, and although Warner’s German headquarters will remain in Hamburg, it celebrated the opening of its new Berlin office with a big party. (The new office is for both Warner Music Central Europe and Warner Chappell Music Germany.) Next week, during the Reeperbahn Festival, the company will have a second “hauswarming” party at its remodeled Hamburg offices.
“We see this new space, alongside our revitalised Hamburg headquarters, as a sign of our commitment to local players in the creative and cultural scene,” said Doreen Schimk, co-president of Warner Music Central Europe, who spoke in German. “It shows the importance of Berlin as a European metropolis and a location for the music industry.”
Fabian Drebes, also co-president of Warner Music Central Europe, spoke about how the new building would serve as a “new creative hub with possibilities for events, concerts and more to support our national and international artists.”
Lars Karlsson, Managing Director Warner Chappell Music GSA & Nordics, Doreen Schimk, Co-President Warner Music Central Europe, Natascha Augustin, Vice President Warner Chappell Music Germany, Fabian Drebes, Co-President Warner Music Central Europe
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Warner occupies the top floor of the Schicklerhaus, a late-19th-century building near the Jannowitzbrücke S-Bahn stop, a block from the River Spree, not far from where the Berlin Wall once divided the city. These days, it’s about a mile from AEG’s Mercedes-Benz Arena. It’s a sleek, modern office, with prime roof space that overlooks the river. As about 500 partygoers mingled on the roof and a terrace, a drone hovered overhead taking photos. German artists attending included Peter Schilling, Katja Krasavice, and Shirin David.
“The music industry is of increasing importance for Berlin,” said Franziska Giffey, a deputy mayor for business, energy and labor. Speaking in what she called “Berlinish” — a mix of German and English that’s increasingly popular in a city filled with newcomers from all over the world – she said that music business jobs increased by 700 to about 6,800 this year, and that Warner would add another 150.
“Without the scene of such a vibrant city, we wouldn’t be the No. 1 publisher,” said Natascha Augustin, vp of Warner Chappell Music Germany. Warner Chappell leads the German music publishing business partly because of Augustin and her signings in German hip-hop. She told a story about starting out with a small Berlin office, moving to a slightly bigger one, and ending up here.
“Berlin,” said Lars Karlsson, managing director of Warner Chappell Music Germany, Switzerland and Austria, and Scandinavia, “is one of the most important cultural cities in the world.”
Sony Music Entertainment Germany and nonprofit artist association Music Women* Germany (MWG) have announced the winners of the 2023 Female* Producer Prize. The honor is designed to support and promote the careers of rising female-identifying producers across Germany.
The seven winners — Mimski, Evîn, Kota No Uta, Mona Yim, Aufmischen, Sheyda Minia and Just Honest — were selected from more than 150 applicants by a five-member jury. They will receive a support package consisting of production grants, vouchers for music equipment and a producer workshop at Sony Music Germany’s Circle Studios. They will also be added to the female producer register at Sony Music and NEUBAU Music Management, which will put them in touch with various labels and artists. Additionally, newly added partners Sony Music Publishing and the Female* Producer Collective will offer coaching sessions for the winners.
In addition to the seven selected applicants, a shortlist of 20 applicants will also be added to Sony Music and NEUBAU’s female producer register.
“The great response and the enormously high level of over 150 applications this year have not only shown how overdue the Female* Producer Prize was, but above all, how many highly competent and visionary female music producers there are out there,” said Jovanka v. Wilsdorf, jury member and initiator of the Female* Producer Prize, in a statement. “Visibility develops a radiance that creates measurable success.”
Added Sony Music Columbia Records Germany head of A&R Sarah Schneider, who also served on the jury: “More female and non-binary producers means more perspectives! This is again demonstrated by the outstanding quality of the many applications received. As a record label, we want to apply industry-wide approaches and tools to actively move forward to effect a change in the status quo.”
In addition to Wilsdorf and Schneider, the 2023 jury consisted of Novaa, a producer and finalist for last year’s prize; U.K. music producer, composer, sound engineer and sheWrites co-founder Charlie McClean; Pamela Owusu Brenyah, a freelance curator, creative consultant and project manager who serves as program curator of Musicboard Berlin and board member of Music Women Germany, among other roles; and music producer and songwriter Moses Schneider.
The Female* Producer Prize is supported by Reeperbahn Festival (sponsored by the Federal Government Commissioner for Culture and the Media) and sponsored by Thomann, Ableton, NEUBAU, Female* Producer Collective, Sony Music and Sony Music Publishing.
The award ceremony and workshop will be held in Berlin on September 14.
You can read capsule descriptions of the winners below.
Mimski: Started producing in early 2022, first in Germany and then in England, where she received a warmer welcome as a female producer than in Germany. There she submitted a beat for the Novembars competition, which helped her breakthrough: her first track was played directly on radio shows. She is currently working on her first album, which will be released on the RUNTLIFE Records label and working on an EP with King Kashmere as well as a Female Force EP with several female rappers.
Evîn: A German/Kurdish singer and producer in alternative R&B. Her music combines elements from different genres like soul and hip-hop with her Kurdish roots, giving her a characteristic sound within the German scene. Emotions and experiences, as well as themes like escape, memory culture and belonging can be found in Evîn’s songs, which she writes and produces in her home studio in Berlin. April 2022 saw the release of Evîn’s debut EP, followed immediately by her second EP, It wasn’t even for you, in November 2022.
Kota No Uta: Singer-songwriter and producer who works mainly in the direction of jazz, soul and neo soul. In October 2022 she released her song “Autumn Leaves” in self-production. At the moment she is working on two releases with collaborators and her own EP.
Mona Yim: A Chinese-German music producer, singer and DJ from Hamburg, Germany. Her music combines emotional vocal hooks with her self-produced electronic productions inspired by UK garage, house and electronica as well as influences from her training as a classical violinist and performer. Her debut release in 2022 was followed by further releases on labels such as Ninja Tune and remixes for Glass Animals and DJ Seinfeld, among others. She has played venues such as O2 Academy Brixton, DGTL Festival, Printworks, KOKO and Warehouse Project.
Aufmischen: Producer who started her first steps in the music industry as a drummer, in her studies she wrote contemporary compositions for classical ensembles before she dedicated herself completely to pop music. In 2022 her productions can be heard on the album of poetry artist Dshamilja Roshani, the EP of pop singer Pieke and numerous singles of other artists. More releases are planned for this year, such as the album by artist Elay.
Sheyda Minia: Iranian-born artist who began playing the harp at the age of 8 and became a junior student at the Musikhochschule in Cologne at 13. At 16, she used her first self-earned money to buy an interface microphone and Logic music software so she could finally produce her own beats. At the end of 2021 she was discovered by Mehrzad Marashi the CEO of Impulse-Records GmbH, where she has been working as a producer ever since.
Just Honest: Music has saved producer Just Honest many times, so she had no choice but to bring her songs to life and produce them herself. Hoping to touch, heal and inspire the hearts of others. Her debut single, “Toxic Culture,” has already reached over 1 million streams, and her debut album, No Love No Hate, is about to be released.
Despite a challenging economy and the lingering effect of the pandemic on the concert business, the German collecting society GEMA took in 1.178 billion euros ($1.25 billion) in revenue in 2022, a 13% increase over 2021. This year, for the first time, the organization’s distributions will exceed a billion euros.
“This is a record result,” said GEMA CEO Harald Heker in a statement. “The resurgence of events and music performances means a relief for our members after three hard years.”
Some of this increase reflects the continued growth of streaming, but some of it is due to the recovery from the pandemic.
GEMA collections from public music performances, its biggest category of revenue, grew to 357.5 million euros ($381.6 million), up 43.7% over 2021 (but still below the 407.4 million euro high of 2019). Online, the organization’s third biggest category, grew to 301.3 million euros ($321.6 million), up 26.5% over 2021. (Radio and television collections, the second biggest category of revenue, dropped 3.9% to 325.1 million euros [$347 million].) The amounts of money GEMA collects from levies on computers and items with blank memory, as well as from physical goods, both declined – by 27.7% and 9.2%, respectively.
GEMA is one of the first international collecting societies to announce its 2022 results, but its counterparts are expected to report good years as well, for some of the same reasons. Last month, ASCAP reported a 14% increase in collections over 2021, to $1.52 billion. (Collecting societies report their results differently, so exact comparisons can be difficult.) While organizations struggled to maintain revenue during the pandemic, the comeback of the concert business – and public life in general – should now boost all of them.
GEMA’s good news comes at an interesting time for the organization. As the 2014 EU directive on collecting societies continues to push them into competition with one another online, GEMA has emerged as one of the bigger and more successful organizations. In addition to its own operations, GEMA operates the online licensing and collecting hub ICE with STIM (Sweden) and PRS for Music (UK). Heker has led GEMA since 2007 and is expected to retire by the end of the year, and there is talk that GEMA will name its next CEO by summer.
Like many collecting societies and organizations of publishers and songwriters, GEMA believes that music-streaming is unfair to their side of the business, and rewards labels and artists disproportionately.
“The trend towards streaming must not lead to authors’ rights being undermined,” Heker said in the same statement. “GEMA’s most important task is and remains to stand up for fair remuneration in all areas and thus at the same time to secure conditions for a lively and diverse musical and cultural landscape.”