Warner Music Group (WMG) has sued Luxottica Group S.p.A. and five affiliated companies, alleging unauthorized use of at least 427 recordings and compositions in Instagram and TikTok posts. The complaint alleges willful copyright infringement, which could increase potential damages if established.
Companies and music named in the complaint
Filed on October 9 in the US District Court for the Southern District of New York, the lawsuit names Luxottica Group and the following affiliates as defendants:
- Luxottica of America
- Oakley
- Costa Del Mar
- Eye Buy Direct
- Chapter 4 Corp.
EssilorLuxottica owns more than 150 brands, including Ray-Ban, Oakley, Costa Del Mar, Sunglass Hut and Oliver Peoples.
WMG alleges that Luxottica’s brands repeatedly incorporated Warner-controlled music into social media videos without permission or payment. The recordings and compositions identified in the complaint include works by Miley Cyrus, Led Zeppelin, Dua Lipa and Bruno Mars, among others.
The complaint further alleges that Luxottica knowingly continued the use after Instagram, Meta, TikTok and YouTube notified it that copyrighted music requires a license before being used in posts.
Infringement claims and potential damages
The lawsuit has 23 plaintiffs, including Atlantic Music Group, Warner Records, Elektra, 300 Entertainment and Warner Chappell Music.
WMG’s claims cover direct, vicarious and contributory copyright infringement. The contributory infringement allegations concern music used in influencers’ posts.
No damages amount has been publicly specified. Based on at least 427 allegedly infringed works and a maximum statutory award of $150,000 per work, the theoretical damages exposure could reach $64.05 million.
