Warner Music Sues Designer Shoe Warehouse for Alleged Social Media Copyright Infringement

Warner Music Group is suing DSW for alleged copyright infringement on social media. Photo Credit: Anthony92931

Another day, another social-focused copyright lawsuit – this time from Warner Music, which is suing Designer Shoe Warehouse (DSW) and others for allegedly infringing on protected works in hundreds of promo videos. Warner Music Group (WMG) submitted the straightforward action to an Ohio federal court, naming as defendants the mentioned DSW, Topo Athletic, and their Columbus-headquartered owner, Designer Brands (NYSE: DBI).

By now, many are aware of the mountain of infringement actions targeting music featured in companies’ social videos. In short, social platforms’ song libraries are pre-cleared only for personal use, with standalone licenses required for commercial usages in most instances.

(On the “most instances” front: Warner Music licensed some of its catalog for TikTok’s “Commercial Music Library,” which, as its name suggests, includes works cleared for brands.)

And paid influencer campaigns don’t constitute personal use, multiple companies have found out the hard way in separate litigation. Per today’s suit: “DSW’s social media advertising” – even featuring an appearance from the spouse of a Warner Music exec – “is similar to that of” Bang Energy.

Bang “was found liable for copyright infringement in two different lawsuits due to the same type of copyright infringement,” WMG’s DSW suit reads in part.

Running with the point, then, Warner Music says the defendants have “extensive experience with music licensing” but failed to seek or receive usage permission for its own social videos and for its influencer campaigns.(WMG also took the opportunity to call out the defendants’ alleged approach to compensating influencers.“[C]ontrary to Federal Trade Commission guidelines, the social media influencers often do not disclose that they receive compensation in any form,” the complaint maintains.)

As for the extent of the alleged infringement, the filing parties’ “initial investigation has revealed that DSW misappropriated over two hundred” compositions and recordings in which Warner Music has stakes, per the text.

Incorporated into videos on Instagram and TikTok alike, the allegedly infringed works include tracks recorded by Usher, The Weeknd, Linkin Park, Ed Sheeran, and many others, the suit shows.

All told, Warner Music has levied three copyright claims against DSW and the other defendants, including for vicarious and contributory infringement.

Regarding the aforementioned mountain of social-infringement actions, various music companies have opted to litigate against NBA teams, AHL teams, Chili’s parent Brinker International, the University of Southern California, and Crumbl Cookies, to name some.