Designer Shoe Warehouse (DSW) is firing back against social media copyright infringement claims from the majors, arguing that platforms’ licensing deals cover individual and business users alike. Photo Credit: Anthony92931
It turns out Designer Shoe Warehouse (DSW) isn’t thrilled about being sued for social media copyright infringement. Amid a courtroom confrontation with Warner Music, the retail chain’s parent is now seeking a declaratory judgement against Universal Music, Sony Music, and BMG.
Designer Brands (NYSE: DBI) submitted its own complaint yesterday, after Warner Music Group (WMG) levied the initial suit back in May. WMG, we reported at the time, is accusing the DSW Shoe Warehouse owner of infringing on over “two hundred” recordings and compositions in social media promo videos.
As many are well aware, in general, song libraries on platforms such as TikTok and Instagram are cleared for personal but not commercial use. Without digging too much deeper here, it’s worth reiterating that music rightsholders have spearheaded similar actions against Bang Energy, Crumbl Cookies, NBA teams, AHL teams, Chili’s, and Marriott, to name some.
And while several of those suits have settled, DSW is pulling out all the stops to oppose the majors’ alleged attempt “to force unjustified settlement payments from innocent users of social media platforms.”
Apparently, on top of WMG’s complaint, Sony Music, Universal Music, and BMG have all “threatened to file suit for copyright infringement against” DSW.
Enter the present action and DSW’s belief that social services’ song libraries, in covering individual users, also cover business users like itself. When publishing the relevant social posts, the DSW parties were “only doing what the platforms permit and what the Labels have encouraged.”
“Indeed, the Labels and the social media platforms themselves have touted in the press that they have reached license agreements that permit users to incorporate the Labels’ music into their posts,” the lawsuit reads in part, proceeding to quote at length related releases from the prospective music-side litigants and social services.
“The Labels and the platforms never excluded businesses from their prior promises that users of their platforms can incorporate the Labels’ music as part of their posts,” the text continues.
DSW further maintains that the labels (and publishers) are simply attempting “to extract still more money for copyrights on which they have already received full compensation.”
Said compensation refers to payments from the underlying licensing deals as well as “the free advertising that the Labels and their associated businesses receive.”
“Indeed,” the filing continues, “incorporating a sample from a song in a social media post…promotes sales of the complete musical works.”
Not stopping there, DSW’s declaratory judgement push explores social-service terms enabling users to incorporate uploaded media into their own content.
By that logic, when the majors post tracks on social media, they purportedly “grant the relevant platform broad license rights to publish and distribute the music…including to permit other users on the social media account to re-use and re-purpose music from other user posts,” according to the document.
With that, DSW is seeking, among different things, an order declaring that it didn’t infringe on the IP of SME, UMG, or BMG – besides another order awarding “all attorneys’ fees and reasonable expenses incurred” in bringing the action.
Copyright, Feature Story, Music Industry News, Music Law, 2:25-cv-00479, 2:25-cv-00765
This post was originally authored and published by Dylan Smith Digital Music News via RSS Feed. Join today to get your news feed on Nationwide Report®.
