Warner Music Group, Sony Music and other music rights holders have sued brands over allegedly unlicensed music in social media posts and influencer campaigns. Several complaints cover hundreds of works or alleged infringements, exposing businesses to claims involving content published across multiple accounts.
The cases concern music used by brands, agencies and influencer partners without the necessary permissions. While the underlying law has not changed, faster detection has made it easier for labels to identify potentially infringing content.
Claims span retailers and hospitality
The lawsuits involve both recordings and compositions, with paid influencer activity featuring in several complaints:
- Warner Music Group’s complaint against Crumbl Cookies alleged unauthorized use of at least 159 recordings and compositions on TikTok and Instagram, including through the brand’s paid influencer program.
- Warner’s lawsuit against DSW cited more than 200 recordings and compositions used in social promotions and influencer videos. The complaint alleged that DSW had ‘substantial music licensing experience.’
- Warner’s case against PacSun involved nearly 300 works in posts from the retailer and its influencer partners.
- Sony Music separately sued DSW in a case that has since settled. That proceeding overlapped with Warner’s case, leaving the retailer facing claims from two major labels simultaneously.
- Sony’s complaint against the University of Southern California’s athletics program identified more than 280 allegedly infringing videos featuring over 170 songs. Sony said it had warned the school about unlicensed social media music use years earlier.
- Sony’s lawsuit against Marriott alleged more than 930 infringements across the hotel company’s social accounts and paid influencer posts. Sony has also sued OFRA Cosmetics.
- Universal Music Group, Capitol, Universal Music Publishing Group and Concord sued fashion retailer Quince over more than 130 allegedly infringed works, comprising recordings and compositions used on TikTok and Instagram.
Clearance across multiple accounts
Music clearance can take longer than the production and publication schedules used by social media marketing teams. When brands, agencies and influencers publish through separate accounts, uncleared tracks can accumulate across campaigns over months or years.
That creates potential exposure to statutory damages across numerous posts. Several complaints address repeated uses rather than an isolated video.
MassiveMusic offers scanning tool
MassiveMusic offers ComplianceCheck, a technology-based service designed to identify unlicensed music exposure. Its process has two stages: scanning a brand’s social media and influencer accounts for unlicensed music, then assigning an infringement-risk score to each instance.
The company presents ongoing monitoring as a way for brands to identify content that may require removal or appropriate licenses. Its approach addresses new posts as they appear, rather than relying solely on an annual review.
Holiday campaigns can increase the volume of content requiring checks. Black Friday, winter shopping promotions and year-end campaigns bring compressed production and approval schedules, while an annual audit conducted outside that period may miss newly published seasonal posts.
