Listen (3:11)
November 17, 2025
Last Tuesday, November 11, 2025, a German court ruled that OpenAI's ChatGPT violated copyright law by using song lyrics without permission. The court ruled that OpenAI should have obtained licenses for German lyrics in GEMA's catalogue before training and operating ChatGPT. This case marks the first time a European court has legally examined and ruled in favor of creators whose works are used by generative AI systems.
The Munich lawsuit against OpenAI involved several well-known German musicians represented by GEMA, but the court identified nine particular artists whose lyrics were used without permission. Artists named in the case include Herbert Grönemeyer, Nena, Peter Maffay, and Udo Lindenberg, whose works are among the most famous in Germany and are frequently licensed by GEMA. The affected songs are noted as “hits” by these artists, though the specific titles cited as evidence in the trial have not yet been widely published, and I am a bit reluctant to list them all here.
The ruling was based on ChatGPT having reproduced and “memorized” lyrics from songs by these artists, in violation of copyright law, according to the court’s findings. If GEMA or the court publishes additional song titles following this decision, they would provide a more detailed list of affected works, but for the moment, these named artists are the primary figures involved in the legal action.
According to the ruling, ChatGPT's systems contain copies of original works that are reproduced and offered in response to user prompts. The court found these reproductions to be copyright infringement, requiring OpenAI to secure licenses that fairly compensate rights holders. The court dismissed OpenAI's claim that it qualifies as a privileged research organization, stating that the legal allowance for text and data mining does not permit storing or outputting copyrighted song lyrics. GEMA found that ChatGPT reproduces protected lyrics by well-known authors when given simple prompts.
GEMA filed its lawsuit against OpenAI in November 2024, accusing the company of systematically using copyrighted material without paying licensing fees. In September 2024, GEMA offered OpenAI a licensing model tailored for AI providers, aimed at legal use of music and fair pay for creators, but OpenAI did not comply. GEMA also has another pending lawsuit against US-based AI music generator Suno, currently scheduled for a hearing on January 26, 2026. The organization claims that Suno's AI was trained on original recordings from GEMA's catalogue and now produces similar versions.
GEMA represents over 100,000 members in Germany and more than 2 million rights holders worldwide, making it one of the largest musical rights collectives globally, and it is on the right path. If there is victory, or perhaps several small victories for musicians and rights holders, its effect will likely not be immediate but certainly worth the wait. And, although rage might not be a factor as it was in Thomas’ famous villanelle, I don’t expect OpenAI or Suno to go gentle into that good night. In fact, history has witnessed stranger possible bedfellows.