Europe is home to the world’s first lawsuit by a collecting society against a generative AI provider.
In November 2024, Germany’s leading music rights association, GEMA, filed a lawsuit against OpenAI, the tech giant behind ChatGPT, before the Munich Regional Court I.
GEMA claims that OpenAI used protected works without permission or compensation. It is seeking €600,000 in damages, which may seem modest compared to OpenAI’s multibillion-dollar revenues. The relatively low value results from GEMA asserting only the copyrights and personality rights of a small number of lyricists. GEMA’s main goal is “to establish a licence model on the market in which the training of the systems, the generation of output and the further use of the output are licensed”.
The preliminary opinion reportedly found OpenAI’s arguments, claiming lawful AI training and no copyright violations by its AI program, unconvincing. The court is set to issue its final decision on 11 November 2025.
Whatever the outcome is, the decision is likely to be appealed, ultimately reaching the CJEU.
Regardless of the outcome, November’s ruling is expected to influence how copyrighted content is handled in all creative sectors across Europe. It could also set boundaries between AI innovation and creative rights.
