Twitter/X Claims Innocence in NMPA Copyright Lawsuit, Denies Willful Infringement

Twitter/X Claims Innocence in NMPA Copyright Lawsuit, Denies Willful Infringement

By Marcus Bennett

December 13, 2024 at 01:27 AM

X (formerly Twitter) has responded to remaining copyright infringement claims in the National Music Publishers' Association (NMPA) lawsuit, defending its position following a partial case dismissal in March 2024.

X Music app logo

X Music app logo

The key remaining claims against X focus on three main areas:

  • Alleged inadequate action against repeat copyright infringers
  • Claimed delays in processing takedown notices
  • Alleged preferential treatment for paid users regarding infringing content removal

In its 29-page response, X maintains that it:

  • Respects rightsholder rights
  • Complies with DMCA requirements
  • Removes infringing content promptly when receiving valid notices
  • Does not currently have licensing agreements with the plaintiffs

X's defense argues that:

  • Any infringement was innocent and not willful
  • The platform did not materially contribute to primary infringement
  • Some elements of the action may be time-barred
  • The plaintiffs failed to state sufficient facts for their claims

For context, the original June 2023 lawsuit involved approximately 1,700 works, with claims of direct, contributory, and vicarious copyright infringement. The judge dismissed direct and vicarious infringement claims in early March 2024, along with some contributory allegations.

This case bears similarities to previous music industry disputes, such as the NMPA's litigation against Roblox, which was settled about 30 months ago and led to successful partnerships, including Universal Music's Republic recent launch of Boombox on the platform.

The resolution of this dispute may potentially lead to new licensing agreements between X and music publishers, though the timeline remains uncertain.

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