NMPA Copyright Lawsuit Against Twitter/X Proceeds After Judge Dismisses Direct Infringement Claims

NMPA Copyright Lawsuit Against Twitter/X Proceeds After Judge Dismisses Direct Infringement Claims

By Marcus Bennett

December 13, 2024 at 02:58 AM

A federal judge has partially dismissed the National Music Publishers' Association's (NMPA) copyright infringement lawsuit against Twitter/X, while allowing some contributory infringement claims to proceed.

White X logo on black background

White X logo on black background

Judge Aleta Trauger dismissed the direct infringement claim, ruling that Twitter/X's role was more akin to a telephone company providing communication infrastructure rather than actively selecting material for transmission, as defined by the Copyright Act's "transmit clause."

The court allowed three specific contributory infringement claims to move forward:

  • Twitter/X allowing verified users to receive preferential treatment under anti-infringement policies
  • Unreasonable delays in handling takedown notices
  • Failure to take appropriate action against repeat infringers

The vicarious infringement claim was also dismissed, though related evidence can still support the remaining contributory infringement allegations. The judge noted that Twitter/X's general platform features and monetization practices were not specifically targeted at infringing content.

The NMPA expressed satisfaction with the decision, stating they look forward to "securing just compensation for songwriters and music publishers whose work is being stolen."

The ruling effectively narrows the scope of the lawsuit while maintaining focus on Twitter/X's alleged role in facilitating copyright infringement through its platform policies and enforcement practices.

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