The publishers are seeking a permanent injunction prohibiting infringement of the copyrighted works, various damages, and attorney’s fees. The publishers’ request for relief from the court, if granted, could potentially set a precedent that forces companies to exclude copyrighted works from their LLMs’ generated output or even their training data sets.
Copyright Office has issued guidelines that declare that any portion of a work created by AI is ineligible for copyright protection, it has not determined the legality of training LLMs on copyrighted material. The resolution of the lawsuit carries significant implications for the application of copyright law with regard to artificial intelligence tools like LLMs. The lawsuit alleges that when Claude was prompted to write a song about the death of Buddy Holly, it served up the lyrics to Don McLean’s “American Pie” when prompted to write a song about moving from Philadelphia to Bel Air, it generated the lyrics to the theme song from The Fresh Prince of Bel-Air. It also cites examples of Claude generating lyrics for “new” songs that incorporate the lyrics from existing copyrighted works. The publishers’ lawsuit cites examples of Claude serving up the lyrics to Katy Perry’s “Roar,” Gloria Gaynor’s “I Will Survive,” Garth Brooks’ “Friends in Low Places,” and the Rolling Stones’ “You Can’t Always Get What You Want” when prompted. The lawsuit cites 500 copyrighted works owned by the plaintiffs, including Sam Cooke’s “A Change Is Gonna Come,” the Police’s “Every Breath You Take,” and Beyoncé’s “Halo.” The lawsuit alleges the infringement is “systematic and widespread,” and that Anthropic is not only liable for Claude’s infringement, but also for the infringing acts of its users. The plaintiffs allege that Anthropic’s AI assistant Claude-a large language model (LLM) similar to OpenAI’s popular ChatGPT-infringed on the publishers’ copyrights by training Claude on their songs and posting the songs’ lyrics in its prompted answers without a licensing agreement, as well as removing copyright management information in violation of the Copyright Act of 1976. The companies filed their lawsuit against the San Francisco–based startup in a Tennessee federal court. Universal Music Publishing Group, Concord, and ABKCO have sued the artificial intelligence company Anthropic over alleged copyright infringement of the three publishers’ songs, Rolling Stone reports and documents viewed by Pitchfork confirm.
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