Warner Music Group plaintiffs have filed a copyright lawsuit against companies operating within EssilorLuxottica, alleging unauthorized music use in social videos. Maximum statutory damages for the works identified would exceed $64 million.
The complaint, recently filed in a New York federal court, names Luxottica Group, Oakley, Eye Buy Direct and Costa Del Mar as defendants.
Plaintiffs include Atlantic Music Group and Warner Chappell. The filing describes the defendants as companies operating for and serving EssilorLuxottica.
Music licensing allegations
The plaintiffs allege that the defendants failed to secure separate licenses for protected music used in their own uploads and commissioned influencer posts. The complaint says social platforms’ song libraries permit personal use but not commercial use.
The suit also alleges that the defendants disregarded licensing warnings from Instagram, TikTok, Meta and YouTube. It includes a screenshot of TikTok’s “Music Usage Confirmation” page.
Warner alleges that videos associated with Ray-Ban, Oakley and other brands infringed at least 427 recordings and compositions.
The identified works include approximately 140 recordings, with tracks popularized by:
- Dua Lipa
- The Ramones
- Charli XCX
- The Black Keys
- Van Halen
Revenue and damages claims
The complaint links the companies’ social videos to EssilorLuxottica’s financial performance, citing nearly $15 billion in North American revenue for fiscal year 2025.
EssilorLuxottica is headquartered in Paris and Milan. Its brands also include Persol, Arnette and Oliver Peoples, and it holds licensing agreements with Giorgio Armani, Burberry and others.
Warner seeks relief for direct, vicarious and contributory infringement. The contributory infringement claim concerns influencer posts.
Applying the maximum statutory damages of $150,000 per allegedly infringed work to the 427 works would produce a total exceeding $64 million.
Other social media copyright cases
The complaint cites litigation involving Bang Energy, which declared bankruptcy in 2022 and was sold to Monster Beverage the following year.
Similar complaints have targeted Designer Shoe Warehouse, universities, National Basketball Association (NBA) teams, professional hockey teams, restaurant chains, Crumbl, Pacsun, Drew Barrymore and others.
Several defendants in those other cases have already settled.
