TheWeeklyRoundUp - 11.04.24

X responds to $250 million copyright lawsuit filed by music publishers (Complete Music Update)

X has filed a formal response to the $250 million copyright infringement lawsuit filed against it by a group of music publishers. The social media platform you probably still call Twitter says the music companies have failed to prove that it is liable for ‘contributory infringement’, while the request for mega-damages is “unconstitutionally excessive and disproportionate”.

The music publishers’ infringement claim is based on a number of allegations. They say that X has failed to deal with copyright takedown notices in a timely manner, failed to deal with prolific repeat infringers, and applied more lenient copyright enforcement against paying users. 

However, X says in its new legal filing that the claim for contributory infringement is barred, because it “did not have the requisite knowledge of the alleged primary infringement and did not cause, encourage, or induce the alleged primary infringement". Not only that, but X has "substantial non-infringing uses", it did not "cause, encourage or induce the alleged primary infringement", and "any infringement was innocent and was not willful". 

X was previously successful in getting the lawsuit cut back considerably. As well as contributory infringement, the music companies also accused X of direct and vicarious infringement in relation to videos posted by users onto the social media platform that include unlicensed songs.  

The judge ruled that X's involvement in the infringement was too passive to be liable for direct infringement. Also, she said, the publishers had not sufficiently proven a claim for vicarious infringement, which would mean that X was "profiting from direct infringement while declining to exercise the right to stop or limit it".

However, the claim for contributory infringement was allowed to proceed, with the focus now on how X deals with the copyright takedown notices it receives from the music industry. As X has no music licences, it is obliged to remove unlicensed music on its platform whenever it is made aware of it by copyright owners in order to avoid liability under US copyright law. 

Most of the new legal filing is taken up with X going through each of the statements the publishers made in their original lawsuit, agreeing with those that provide a simple outline of how X works, and denying those that accuse it of copyright infringing conduct. It then sets out an assortment of defences regarding the infringement claims, as well as taking issue with the damages the publishers are demanding.

The publishers are seeking statutory damages of $150,000 for each of the 1700 specific songs that they have identified as being made available on the Twitter platform without licence, which would exceed $250 million. That damages claim, X writes in its new legal filing, is "unconstitutionally excessive and disproportionate to any actual damages that may be sustained, in violation of the due process clause of the United States Constitution".

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AI Music Startup Udio Bags $10 Million Investment— will.i.am, Common, Google & Instagram Vets on Board (Digital Music News)

Former Google DeepMind researchers have launched Udio, a new AI-powered music app that allows anyone to create music in an instant.

Backed by a16z, with participation from angel investors like will.i.am, Kevin Wall, Common, and Mike Krieger (Co-Founder of Instagram), Udio enables everyone from clasically trained musicians to those with pop-star ambitions to create music in mere moments. The company launched its public app today, previously only available in closed beta.

Udio was developed by former Google DeepMind researchers with a mission of making it easy for anyone to create emotionally resonant music in an instant. Whether it is recording a cherished memory in song, generating funny soundtracks for memes, or creating full-length tracks for professional release.

“There is nothing available that comes close to the ease of use, voice quality, and musicality of what we’ve achieved with Udio—it’s a real testament to the folks we have involved,” says David Ding, Co-Founder & Ceo of Udio. “At every stage of development, we talked to people in the industry about how we could bring this amazing technology to market in a way that benefits both artists and musicians.”

“We gathered feedback from some of the most prolific artists and music producers like will.i.am, Common, and Kevin Wall, to ensure that everything they thought would enhance the experience would be available. We hold ourselves to the highest standards and we believe we have achieved something truly remarkable, so we can’t wait to get Udio into the hands of music lovers worldwide.”

In Just a few steps, users can type a description of the music genre they want to make, provide the subject or personalized lyrics, and indicate artists that inspire. In less than 40 seconds, Udio works its magic to create a fully mastered quality audio track. Users can further edit their creations through the app’s ‘vary’ feature. This enables iteration on existing tracks through text descriptors, turning everyday creators into full-blown producers.

“Good music stirs up deep emotions in all of us, and connects us to each other through shared experiences. Nothing will ever replace human artists and the unique connections they make with their fans,” said Matt Bornstein, Partner at Andreessen Horowitz. “But we think Udio – with its incredible musicality, creativity, and vocals – is a brand new way for us to create and enjoy music together. We’re thrilled to back this stellar group of researchers in their mission to make AI music a reality.”

To ensure the industry was on board, Udio’s team spent time building its business model and making it beneficial to artists. This includes giving artists financial control over their voice likeness and ensuring generated tracks do not infringe on copyright. Through its unique model, Udio has amassed a patina list of investors in its seed round including a16z, and Mike Krieger.