All of the platform's major competitors, including Facebook, Instagram and TikTok, have music licensing deals.
Twitter is the lone major social media platform without music licensing deals, which permits those sites to legally host videos and other content featuring publishers’ music. Facebook, Instagram, TikTok, YouTube and Snapchat have all entered into agreements that compensate creators of musical compositions for use of their work.
The complaint points to a tweet from a known repeat offender who has been the subject of at least nine infringement notices to Twitter. The publishers say Twitter has profited off of the infringement by posting a “promoted” tweet directly below the post and recommending a paid “promoted” account directly to its right.
“The availability of videos with music, including copies of Publishers’ musical compositions, furthers Twitter’s financial interests both because it drives user engagement, and thus advertising revenue, and because Twitter does not pay fees to license musical compositions from Publishers and other music rights holders,” writes the publishers’ lawyer Steven Riley in the suit. “Indeed, providing free, unlicensed music gives the Twitter platform an unfair advantage over competing platforms.
The publishers stress that Twitter failed to implement a policy to terminate repeat infringers. In its policy, the company addresses issues concerning copyright complaints, including what happens to accounts that receive one or more copyright complaints, but neglects to carry a warning to users that they may be terminated for repeat infringement despite having one prior to 2019.
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