Energy Drink Company Sued for Infringement After Using Copyrighted Music on TikTok
Pryor Cashman filed a lawsuit Tuesday in Florida Southern District Court on behalf of Sony Music, Arista Records, and other plaintiffs in connection with a concerning trend of social influencers who are using copyrighted songs without permission on TikTok and other social media platforms in paid advertisements.
According to Law360:
"Sony Music's financial incentives to invest in artists and their music flow directly from the protections afforded by copyright," the company says in its complaint.
Licensing songs for commercial use has been a significant revenue driver, especially over the last decade, Sony said.
Bang Energy and Owoc's use of sound recordings "is precisely the type of use upon which Sony Music has built its robust licensing business," the music giant told the court.
Bang knows it's infringing, Sony said, noting that Bang previously sought a quote for a sound recording license from Sony Music in connection with a music library component of an app it intended to launch.
Sony said Bang's explosive sales growth has been amplified by its use of social media apps TikTok, Instagram, YouTube and Facebook, where the company actively markets its energy drinks to consumers.
Bang produces and posts videos choreographed to famous copyrighted sound recordings and musical compositions on its social media accounts, Sony says, adding that its infringing use of trending music allows Bang to gain the attention of TikTok users who would otherwise have been unaware of its products.
"These videos essentially serve as modern-day product placement commercials for Bang's products," Sony says, further alleging that contrary to FTC guidelines, some of Bang's influencers fail to disclose that the videos they create are paid sponsorships or endorsements.
The suit was filed by a Pryor Cashman team led by David Rose, a partner in the Litigation Group, a member of the Firm’s Executive Committee, and co-chair of the Alternative Dispute Resolution practice, and partner James Sammataro co-chair of the firm’s Media + Entertainment Group.
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