Sony Music Entertainment has filed a lawsuit against Designer Shoe Warehouse (DSW) alleging “rampant infringement” of its copyrighted sound recordings in social media advertisements, per Music Business Worldwide (MBW). 

The case, filed on August 6, in the U.S. District Court for the Central District of California, claims DSW used Sony’s music without permission in both company-created content and influencer marketing campaigns.

According to the complaint, DSW and its paid influencers allegedly used 122 Sony-owned recordings in more than 170 unauthorized video promotions across platforms, including TikTok and Instagram. Sony states that while it “does not yet know the full scope of DSW’s infringement,” the unauthorized use includes high-profile tracks from artists such as Beyoncé, Mariah Carey, Doja Cat, Eurythmics, and Lil Nas X.

According to MBW, Sony’s lawsuit directly challenges DSW’s prior assertion that its social media posts were covered under license agreements between the music labels and social platforms. The complaint specifically notes that “social media platforms on which DSW posted the Infringing Posts expressly provide that users may not infringe copyrights in sound recordings on their platform, particularly in connection with commercial activities.”

The filing highlights TikTok’s Terms of Service, which state that “Our Services are provided for private, non-commercial use,” and points out that since August 2020, business account users must confirm they either own all music rights, are using public domain music, or have secured necessary permissions before posting. 

Sony also references Instagram’s Music Guidelines, which have prohibited commercial use of music without proper licensing since at least April 2018.

Prior Licensing Relationship

A key element of Sony’s case is the claim that “DSW has decades of experience licensing music to promote its businesses and previously licensed sound recordings from SME for this very purpose.” 

The complaint alleges that despite this understanding, DSW deliberately used Sony’s recordings without permission to “entice consumers to view DSW’s social media posts.”

The filing further states that DSW delayed removing infringing content even after receiving notices about its unauthorized use of copyrighted material, and in some instances, continued to post new content featuring Sony recordings.

Part of Broader Legal Trend

MBW notes that this lawsuit represents the latest in a series of legal actions by major music companies against brands using unauthorized music in social media marketing. Warner Music Group sued DSW in May over similar allegations involving approximately 200 recordings and compositions.

In response to these claims, DSW filed its own lawsuit against Sony, Universal Music, and BMG in July, seeking a declaratory judgment that it had not infringed any copyrights owned by these companies. DSW, which operates nearly 500 stores across 45 U.S. states, maintained in that filing that it “guards [its] own intellectual property carefully and respects the intellectual property of others.”

Similar cases have recently been brought against Marriott Hotels, the University of Southern California, Crumbl Cookies, and several NBA teams, suggesting increased scrutiny of music usage in commercial social media content.

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