Warner Music Sues Ray-Ban Owner Over Alleged Copyright Infringement

Warner Music Group (WMG) is suing several subsidiaries of eyewear giant EssilorLuxottica, alleging infringement of more than 400 musical works in Instagram and TikTok posts.

The defendants:

• WMG’s lawsuit was filed on October 9 in the US District Court for the Southern District of New York against Luxottica Group S.p.A. and five affiliated companies: Luxottica of America, Oakley, Costa Del Mar, Eye Buy Direct, and Chapter 4 Corp.

• EssilorLuxottica owns more than 150 brands including Ray-Ban, Oakley, Costa Del Mar, Sunglass Hut, and Oliver Peoples.

The allegations:

• The suit alleges that Luxottica’s brands repeatedly used Warner-controlled music in their social media videos without authorization or compensation.

• The works allegedly used include “at least 427” recordings and compositions by artists including Miley Cyrus, Led Zeppelin, Dua Lipa, Bruno Mars, and more.

• The complaint also alleges that Luxottica knowingly continued using the music despite notifications from Instagram, Meta, TikTok, and YouTube that a license is required before copyrighted music can be used in posts.

• WMG alleges willful infringement, which, if established, could increase the damages a court may award.

• The lawsuit lists 23 plaintiffs, including Atlantic Music Group, Warner Records, Elektra, 300 Entertainment, and Warner Chappell Music.

Potential damages:

• WMG alleges direct, vicarious, and contributory copyright infringement, the latter relating to alleged infringement involving influencers’ posts.

• Though a damages figure has not been publicly specified, the alleged use of at least 427 works could expose Luxottica to theoretical statutory damages of up to $64.05 million, based on a maximum of $150,000 per infringed work.