Concord Music and Anthropic reach partial agreement in copyright infringement case

In a significant development for artificial intelligence and copyright law, Concord Music Group and other major music publishers have reached a partial agreement with Anthropic PBC regarding copyright protection measures, according to court documents filed on January 2, 2025.

The stipulation, approved by Judge Eumi K. Lee of the United States District Court for the Northern District of California, addresses one aspect of an ongoing copyright infringement lawsuit initiated on October 18, 2023. According to court records, the publishers originally filed their complaint in the Middle District of Tennessee, asserting multiple claims including direct copyright infringement, contributory infringement, and vicarious infringement.

The case, which involves allegations concerning the rights to millions of musical compositions, including 500 specifically identified works, has undergone several procedural developments. After transfer to California due to jurisdictional issues, the publishers filed a renewed motion for preliminary injunction on August 1, 2024.

Under the terms of the agreement, Anthropic has committed to maintaining its existing "Guardrails" - technical measures designed to prevent copyright-infringing outputs. The stipulation specifies that these protections will apply to both current AI models and future product offerings. According to the court document, Anthropic retains the ability to "expand, improve, optimize, or change the implementation of such Guardrails," provided these modifications do not "materially diminish" their effectiveness.

The agreement establishes a formal notification process: publishers may alert Anthropic in writing if they believe the Guardrails are not effectively preventing unauthorized reproduction of their musical compositions. Upon receiving such notice, Anthropic must conduct an expeditious investigation and provide a detailed written response outlining their planned remedial actions or clearly state their decision not to address the identified issues.

Notably, the settlement addresses only one portion of the publishers' preliminary injunction motion. The parties continue to dispute other aspects of the case, particularly regarding the use of copyrighted lyrics in training future AI models. The court document explicitly states that this agreement does not resolve that ongoing controversy.

The stipulation includes provisions for court oversight, with Anthropic agreeing to submit to the jurisdiction of the Northern District of California for any disputes involving the agreement. Judge Lee retains authority to enforce the stipulation through all lawful and appropriate means.

This partial resolution represents a concrete step in addressing the complex intersection of artificial intelligence and copyright protection. However, as specified in the court document, neither the agreement itself nor any actions taken in connection with it shall be interpreted as an admission of liability, fault, or wrongdoing by any party.

The case documentation indicates that both parties were represented by extensive legal teams, with multiple law firms involved including Latham & Watkins LLP, Oppenheim + Zebrak LLP, and Coblentz Patch Duffy & Bass LLP. The attorneys signed the stipulation on December 30, 2024, with final court approval granted on January 2, 2025.

This development occurs against the backdrop of broader discussions about AI technology and intellectual property rights. The agreement potentially establishes a precedent for how AI companies might implement technical safeguards to protect copyrighted content while continuing to develop their technologies.

The case remains active under docket number 5:24-cv-03811-EKL, with unresolved aspects still pending before the court. Both parties have expressly preserved their rights, remedies, and defenses concerning aspects of the preliminary injunction motion not addressed by this stipulation.