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Valve Sued By The Performing Rights Society Over Music Rights in Games Valve Doesn’t Make or Own
(www.gamesindustry.biz)
this post was submitted on 10 Mar 2026
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It seems similar to the idea that you could sue Google for copyright infringement because it serves a website that infringes copyright. Like… valve just serves the content and facilitates sale, right? The act of infringement wasn’t committed by them, it was committed by the game developers. Am I mistaken?
From what I understand, the music was used under licence by the game developers. The plaintiffs want Steam to also pay them for a licence to offer the game, which is already legally using the music, on their store, which is absurd.
Interesting, but I can see how this might play into their favor too. If the developers license to the music doesn’t cover resale/relicense, and maybe they’re arguing that the music (by extension of the game) was licensed to Valve in a manner that isn’t covered by the original license? Effectively meaning, valve can’t profit off the music by any means; developers had a non-extendable license to it, allowing only for distribution to consumers who don’t resell?
But you still wouldn’t sue Valve over that, would you? You’d sue the developers for damages due to breach of contract?
If the games are using the music in violation of copyright and valve acquired it and is selling it, the distribution rights part of copyright law allows the copyright owner to sue anyone in the supply chain. If the music was originally licensed properly, then PRS is just looking for a settlement.
Once you purchase a legally distributed work, you are protected by the first sale doctrine, which allows you to do pretty much whatever you want with your single copy.
But with Steam you haven't purchased a copy. First sale doctrine isn't likely to apply. You've purchased a license for access.
That’s the relationship between consumer and Valve though. I’m thinking what’s more relevant is whether or not the relationship between the game developer and Valve is in breach of contract between PRS and the game developer.
Any idea if Valve technically only has access licenses as well? Or did they buy a copy to license out themselves?
I think the issue here is that the game developers may not have any contract with PRS. Historically they wouldn't have had to - they'd license the music from the big music labels, stamp their game onto a CD and sell a product. Now they're not just selling a product - they're licensing access to a "performance" of it. Valve is the playing an active part in this by "performing" the works on demand. It seems stupid to me, but that's the world of content licensing.