DSW Files Lawsuit Against Sony, UMG, BMG Over Social Media Music Licenses

Designer Shoe Warehouse (DSW) has filed a declaratory judgment lawsuit against major music labels Universal Music Group, Sony Music Entertainment, and BMG in response to copyright infringement claims related to the use of music snippets in its social media posts. The dispute arose after Warner Music Group initially sued DSW for allegedly using over two hundred unlicensed recordings in TikTok and Instagram promotional videos, followed by settlement demands from other labels. DSW argues that existing blanket licenses between the music labels and social media platforms like Instagram and TikTok, which allow users to include music samples, should cover businesses as well, and claims the labels' demands amount to unfair double-charging. The lawsuit emphasizes that the platforms' terms of service do not differentiate between individual and business users regarding music usage, and accuses the labels of opportunistically threatening litigation to extract additional fees despite having been fully compensated. DSW contends that the labels previously encouraged such use of music, and their recent reversal threatens the retailer’s business operations. This case highlights a growing conflict over music licensing for commercial social media content and the labels' approach to enforcing copyright against businesses.