Supreme Court Hands Win to Google In Legal Battle With Genius Over Internet Lyrics

The U.S. Supreme Court said Monday that it would not take up a lawsuit claiming Google stole millions of song lyrics from the music database Genius.

Genius — a popular platform that lets users add and annotate lyrics — had asked the justice to revive allegations that Google improperly used the site’s carefully-transcribed content for its search results. The company argued that a ruling dismissing the case last year had been “unjust” and “absurd.”

But in an order dated Monday, the court denied Genius’s petition to hear the case, cementing Google’s victory. As is typical, the court did not issue a written ruling explaining the denial. Such petitions are always a long shot, as the Supreme Court takes less than 2% of the 7000 cases it receives each year.

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A spokesperson for Genius did not immediately return a request for comment.

Genius sued the tech giant in 2019, claiming Google had stolen the site’s carefully-transcribed content for its own “information boxes” that appear alongside search results — essentially free-riding on the “time, labor, systems and resources” that go into creating such a service. In a splashy twist, Genius said it had used a secret code buried within lyrics that spelled out REDHANDED to prove Google’s wrongdoing.

Though it sounds like a copyright case, Genius didn’t actually accuse Google of stealing any intellectual property. That’s because it doesn’t own any; songwriters and publishers own the rights to lyrics, and both Google and Genius pay for the same licenses to display them. Instead, Genius argued it had spent time and money transcribing and compiling “authoritative” versions of lyrics, and that Google had breached the site’s terms of service by “exploiting” them without permission.

In March 2022, that distinction proved fatal for Genius. The U.S. Court of Appeals for the Second Circuit dismissed the case, ruling that only the actual copyright owners — songwriters or publishers — could have filed such a case, not a site that merely transcribed the lyrics. In technical terms, the court said the case was “preempted” by federal copyright law, meaning that the accusations from Genius were so similar to a copyright claim that they could only have been filed that way.

In taking the case to the Supreme Court, Genius argued the ruling would be a disaster for websites that spend time and money to aggregate user-generated content online. Such companies should be allowed to protect that effort against clear copycats, the company said, even if they don’t hold the copyright. “Big-tech companies like Google don’t need any assists from an overly broad view of copyright preemption,” the company wrote.

But last month, the U.S. Solicitor General advised the Supreme Court to steer clear of the case. It said Genius’s lawsuit was a “poor vehicle” for reviewing the issues in the case, and that the lower court did not appear to have done anything particularly novel when it dismissed the case against Google. Such recommendations are usually very influential on whether the justices decide to tackle a particular case.

In a statement to Billboard on Monday, Google spokesman José Castaneda said: “We appreciate the Court’s decision, agreeing with the Solicitor General and multiple lower courts that Genius’ claims have no merit. We license lyrics on Google Search from third parties, and we do not crawl or scrape websites to source lyrics.”

Bill Donahue

Billboard