DSW Sues Sony, UMG, BMG Over Social Media Music Use

Sony Music, Universal Music and BMG have been served with a declaratory judgment lawsuit by shoe retailer Designer Shoe Warehouse (DSW).

The details:

• As per Music Business Worldwide (MBW), DSW seeks court protection from copyright infringement claims “after receiving demand letters from the music companies accusing the retailer and its subsidiaries of copyright infringement in social media posts.”

• DSW is seeking a declaration “that it has not infringed any valid copyrights owned by the music companies named as defendants in its lawsuit.”

Background:

• Several months ago, DSW and its parent Designer Brands Inc. were named as defendants in a copyright infringement lawsuit filed by Warner Music Group (WMG).

• WMG alleged DSW had “misappropriated over 200” of the company’s recordings and compositions in its TikTok and Instagram posts, and in paid influencer partnerships.

• In its legal complaint against Sony, UMG and BMG, DSW claims it adhered to Instagram’s and TikTok’s posting procedures and has only used music the companies have licensed.

• DSW also claims the social platforms’ Terms of Service “do not distinguish between user accounts associated with individuals, businesses, or other groups or entities when discussing the incorporation of music into a post.”

• To this point MBW notes that at the top of TikTok’s T&Cs it states: “Services are provided for private, non-commercial use.”

Similar cases:

• DSW is not the only business to have been served with a copyright infringement lawsuit over its use of music in social media posts.

• WMG sued cookie outlet Crumbl; UMG sued restaurant chain Chili’s; and Sony sued the University of Southern California.