A federal judge has partially dismissed the National Music Publishers' Association's (NMPA) copyright infringement lawsuit against Twitter/X, while allowing certain contributory infringement claims to proceed.

Judge Aleta Trauger dismissed the direct infringement claim, ruling that Twitter/X's role was more akin to a telephone company providing communication infrastructure rather than actively selecting material for transmission. This distinction places the platform's activities outside the scope of the Copyright Act's "transmit clause."

The court allowed three specific contributory infringement claims to move forward:

• Twitter/X's practice of allowing verified accounts to receive preferential treatment under anti-infringement policies
• Unreasonable delays in handling takedown notices
• Failure to take appropriate action against repeat infringers

The vicarious infringement claim was also dismissed, though the court noted that related evidence can support the remaining contributory infringement arguments. Judge Trauger rejected broader claims about Twitter/X's platform-wide practices, noting that many of the platform's monetization features apply equally to both infringing and non-infringing content.

The NMPA expressed satisfaction with the decision, stating they look forward to "securing just compensation for songwriters and music publishers whose work is being stolen."

This ruling represents a significant development in the ongoing legal battle between music publishers and social media platforms over copyright protection and compensation for creative works.

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