X just filed a bombshell lawsuit against major music publishers, claiming they’re colluding to pressure the platform into overpriced licensing deals.
On January 9th, X, formerly known as Twitter, filed a 53-page complaint in the U.S. District Court for the Northern District of Texas. The suit names the National Music Publishers’ Association (NMPA) alongside a host of prominent publishers, including Sony Music Publishing, Universal Music Corp., Warner Chappell Music, BMG, Kobalt, Concord, Hipgnosis Songs Group, and Downtown Music Publishing.
The heart of X’s allegations revolves around what it describes as a coordinated effort by the NMPA to inundate the platform with DMCA takedown notices. X claims this campaign aimed to coerce it into licensing music at what it considers “supracompetitive rates.” The lawsuit states that over 200,000 posts were flagged in the first year alone, with the number rising to nearly 500,000 since major publishers joined the initiative in 2023.
X argues that this takedown campaign is not a genuine effort at copyright protection but a tactic to gain leverage. The complaint asserts that the real goal is to force X into collective negotiations, thereby limiting the ability of individual publishers to negotiate independently for licensing deals.
Central to X’s claims is an October 2021 email from NMPA President and CEO David Israelite, sent on behalf of “all music publishers.” According to X, Israelite warned of a forthcoming “massive program” of takedown notices, larger than any previous efforts in DMCA history. He also suggested that X could avoid this onslaught if it agreed to develop a licensing partnership.
Interestingly, X likens the current situation to previous enforcement actions against platforms like Twitch and Roblox, which eventually entered licensing agreements with music publishers. In a twist of irony, X cites these successful deals as evidence of what it calls an “extortionate scheme” orchestrated by the NMPA.
In response to the lawsuit, Israelite stated, “X/Twitter is the only major social media company that does not license the songs on its platform.” He contended that X has been infringing copyright for years and described the lawsuit as a bad faith attempt to distract from publishers’ and songwriters’ legitimate rights to enforce their claims against X’s unauthorized use of their music.
X’s lawsuit includes claims under Sections 1 and 2 of the Sherman Act, alleging conspiracy to monopolize, attempted monopolization, and restraint of trade. The company is seeking a permanent injunction, treble damages, punitive damages, and reimbursement for legal costs.
This legal clash follows a period of reportedly constructive negotiations between X and music publishers, which now appears to have collapsed, setting the stage for a significant showdown between the tech giant and the music industry.