Warner Music Group Files Lawsuit Against PacSun for Unauthorized Music Use on Social Media
Warner Music Group (WMG) has filed a lawsuit against PacSun, an apparel company, for using unlicensed music in their advertisements and influencer videos on social media platforms like TikTok and Instagram. The lawsuit alleges that PacSun's social media pages have featured hundreds of unlicensed tracks by popular artists such as Cardi B, Ariana Grande, Beyoncé, Dua Lipa, Charli xcx, and Bruno Mars, all owned by WMG through its label subsidiaries and publishing arm.
PacSun has heavily invested in social media marketing, achieving significant success in selling apparel directly through posts on TikTok and Instagram, amassing millions of followers and generating substantial revenues. However, WMG claims that this success was achieved through repeated and willful copyright infringement of at least 290 of their most valuable sound recordings and musical compositions.
While individual users can use songs covered by blanket licenses for free on social media, companies like PacSun are required to obtain sync licenses for music used in commercial advertisements. WMG's lawsuit alleges that PacSun has been using copyrighted music without obtaining the necessary licenses, both in their ads and by paying influencers to do the same in their content.
Despite receiving a cease-and-desist letter from WMG in February 2024, PacSun continued the alleged infringement, prompting WMG to seek a court injunction to stop the unauthorized use of music and claim financial damages. WMG is seeking the maximum statutory damages of $150,000 per infringed work, totaling $43.5 million for all 290 songs in question.
PacSun has not responded to requests for comment regarding the lawsuit. The legal battle between WMG and PacSun highlights the importance of obtaining proper licenses for music used in commercial content on social media platforms to avoid copyright infringement issues and potential financial liabilities.