DSW Shoe Warehouse Inc. and its affiliates have filed a lawsuit against Sony Music Entertainment and UMG Recordings Inc. regarding copyright threats over music used in social media. They argue that platforms like Instagram and TikTok provide free access to licensed music, claiming no separate licensing is needed for commercial use. However, copyright attorneys indicate that their case has weak legal footing, pointing out the complaint lacks citation of licensing agreements and crucial terms from platform service agreements. The argument is described as an overly stretched interpretation of implicit music licensing inclusion for businesses.
The brands argued platforms such as Instagram and TikTok allow free use of licensed music from their libraries and businesses aren't carved out as a separate type of user.
The retailers' claim they shouldn't have to separately license music for social media advertising might make sense "normatively," but it's a "legally tenuous argument," said Daniel Lifschitz from Gipson Hoffman & Pancione.
Their argument is one of "implicit inclusion," Lifschitz said. DSW's position that labels' announcements of licensing deals with social media platforms implied the music would be available for all users for all purposes "stretches the argument too far."
Joseph Fishman, a music law professor, said he was "surprised" companies still make the "mistake" of using music for social media ads without licenses.
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