Google fends off Genius appeal in lawsuit over song lyrics
A Google logo is seen outside of the Google Store, where visitors can try phones and other products from the company, in New York City. REUTERS/Paresh Dave
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(Reuters) - Alphabet Inc's Google on Thursday again beat back a lawsuit saying it misused song lyrics transcribed by popular lyric site Genius, persuading a U.S. appeals court to reject Genius' claims.
The 2nd U.S. Circuit Court of Appeals affirmed a lower court's ruling that Genius' contract and unfair competition claims against Google should have been brought under U.S. copyright law.
Genius maintains a vast database of song lyrics, with some supplied by artists and others transcribed by volunteers. The copyrights to those lyrics are usually held by artists or publishers.
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Using digital watermarks, Genius said it discovered that Google was displaying its transcribed lyrics in information boxes at the top of search results without its permission. Genius sued Google in New York state court in 2019, arguing the use of its transcriptions was anticompetitive and violated its terms of service.
U.S. District Judge Margo Brodie in Brooklyn dismissed the claims after the case was moved to federal court, finding they were preempted by the federal Copyright Act because they were based on conduct governed by copyright law.
A three-judge 2nd Circuit panel agreed Thursday. It said the supposed breach of Genius' terms of service concerned reproducing copyrighted content, and the competition claim was based solely on the same alleged copying.
Canada-based LyricFind, which licensed transcriptions to Google, was also a defendant in the case.
Google declined to comment on the ruling. LyricFind, Genius, and their attorneys did not immediately respond to a request for comment.
Genius is also a plaintiff in an antitrust lawsuit against Google for allegedly stifling advertising competition.
The case is ML Genius Holdings LLC v. Google LLC, 2nd U.S. Circuit Court of Appeals, No. 20-3113.
For Genius: Marion Harris of Pryor Cashman
For Google: Brian Willen of Wilson Sonsini Goodrich & Rosati
For LyricFind: Kenneth Freundlich of Freundlich Law
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