Sony Music sues DSW for copyright infringement in social media posts

Sony Music Entertainment filed a copyright infringement lawsuit against Designer Shoe Warehouse (DSW) on August 6, 2025, alleging the footwear retailer systematically used copyrighted musical recordings in its social media marketing campaigns without proper licensing. The complaint, filed in case number 2:25-cv-07285, detailed multiple instances where DSW allegedly incorporated popular songs into promotional content across TikTok and Instagram platforms.

According to the court filing, DSW engaged in "systematic and willful infringement" by using what the company labeled as "original sound" tracks that were actually copyrighted recordings by established artists. The lawsuit specifically cited DSW's use of recordings including "Shower" by Becky G, "Crazy in Love" by Beyoncé and Jay-Z, "Formation" by Beyoncé, "Paint the Town Red" by Doja Cat, "Pose" by Yo Gotti, and "All I Want For Christmas Is You" by Mariah Carey.

The complaint revealed that DSW posted an advertisement on its TikTok account on July 4, 2024, that "exploits the SME Recording 'Shower', performed by Becky G." The post explicitly referenced the song's well-known lyrics "You light me up inside like the Fourth of July" with the caption: "Shop our semi-annual sale and light up like the 4th of July." Similar patterns emerged across multiple social media posts, according to the filing.

DSW's marketing strategy extended beyond single song usage. The lawsuit documented how the company posted content on September 14, 2023, exploiting Beyoncé's "Crazy in Love" recording, which "explicitly connects to another SME recording performed by Beyoncé ('Formation') and to a Beyoncé concert with the caption and hashtags: 'Get in formation, we came to slay (and did). @emma.arletta #tour #concert #mydsw.'" These posts demonstrated sophisticated marketing campaigns that leveraged popular music to drive brand engagement and sales.

The technical implementation of DSW's alleged infringement involved uploading copyrighted recordings as "original sound" on social media platforms. According to the complaint, "DSW posted all the Infringing Posts to TikTok after August 2020, apparently by falsely representing either that the Infringing Posts contained no copyrighted sound recordings or that DSW had obtained all necessary rights and permissions to use the SME Recordings."

TikTok's platform policies have maintained consistent copyright protection requirements since August 2020. The lawsuit noted that "while the specific language has changed over time, TikTok has had this same basic policy since August 2020." Users must confirm through a "Music Usage Confirmation" interface that they own rights to music or that the music falls within public domain usage, or they have obtained necessary permissions from rights holders.

DSW's alleged violations extended to sponsored content and influencer partnerships. The complaint described how "as recently as June 14, 2025, one of DSW's influencers posted to her Instagram account an advertisement which exploits, without permission, the SME Recording 'Haunted', performed by Beyoncé." The post incorporated DSW's own Instagram account tags and hashtags including "#mydsw and #dswpartner, as well as the name of the shoe brand—Sperry—advertised in the post."

The influencer marketing component raised additional legal questions about brand liability. According to the filing, "the owner of the @laurenwolfe Instagram account was paid by DSW, or received non-monetary compensation from DSW, in exchange for posting the video." However, the post lacked proper disclosure requirements, "not including a #ad disclosure" despite being paid advertising content.

The lawsuit highlighted systematic delays in DSW's response to copyright violations. "Upon information and belief, DSW delayed in removing the Infringing Posts until well after it had received notice of its infringing activity from other copyright owners," the complaint stated. "Moreover, DSW nevertheless continued to post certain Infringing Posts incorporating SME Recordings after receiving such notice."

This case demonstrates the growing legal scrutiny of social media marketing practices in the digital advertising industry. Legal experts have increasingly warned brands about copyright risks associated with unauthorized music usage in organic social media content, as platforms like TikTok and Instagram have become primary marketing channels for retail brands.

DSW's alleged approach of using copyrighted music as "original sound" reflects broader challenges brands face when creating engaging social media content. The lawsuit suggests that retailers cannot rely on platform-provided music libraries or assume that uploading copyrighted material as "original audio" provides legal protection from infringement claims.

The timing of Sony Music's legal action coincides with increased enforcement of intellectual property rights in digital marketing. Music labels have become more aggressive in pursuing copyright violations as social media advertising represents billions in annual marketing spend. The case against DSW follows similar actions against other brands that have incorporated popular songs into promotional campaigns without proper licensing.

Sony Music Entertainment operates as one of the major record labels controlling extensive catalogs of popular music. The company's complaint against DSW represents a significant test case for how courts will address systematic copyright infringement in social media marketing campaigns. The lawsuit seeks both monetary damages and injunctive relief to prevent future unauthorized usage of copyrighted recordings.

The legal implications extend beyond DSW to the broader retail and marketing industry. Brands routinely incorporate popular music into social media campaigns to increase engagement rates and brand recognition. The lawsuit establishes that such practices require proper licensing regardless of how companies label or categorize the audio content within social platform interfaces.

Industry observers note that the case highlights the complex intersection of copyright law, social media platform policies, and digital marketing strategies. The outcome could influence how brands approach music licensing for social media campaigns and whether platforms need to implement additional verification systems for commercial content.

For marketing professionals, the lawsuit underscores the importance of understanding intellectual property requirements when developing social media campaigns. The case demonstrates that brands cannot assume platform-provided tools or labeling systems provide adequate legal protection for commercial usage of copyrighted material.

The DSW lawsuit represents a broader trend of increased legal enforcement in digital advertising. As social media platforms continue to serve as primary marketing channels, copyright holders are pursuing more aggressive litigation strategies to protect their intellectual property rights and secure appropriate compensation for commercial usage.

Timeline

• August 2020 - TikTok implements Music Usage Confirmation policy requiring users to verify music rights
• April 25, 2022 - DSW posts TikTok content using "Pose" by Yo Gotti at Coachella Valley Music & Arts Festival
• September 14, 2023 - DSW posts Instagram content featuring Beyoncé's "Crazy in Love" and "Formation" recordings
• October 2, 2023 - DSW posts TikTok advertisement using "Paint the Town Red" by Doja Cat with Steve Madden shoe promotion
• July 4, 2024 - DSW posts TikTok advertisement exploiting "Shower" by Becky G for Fourth of July sale promotion
• June 14, 2025 - DSW influencer posts Instagram content using Beyoncé's "Haunted" with #mydsw and #dswpartner hashtags
• August 6, 2025 - Sony Music Entertainment files copyright infringement lawsuit against DSW in case 2:25-cv-07285

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Key Terms and Concepts

Copyright Infringement represents the unauthorized use of protected intellectual property without permission from rights holders. In this case, DSW allegedly violated Sony Music's exclusive rights by incorporating copyrighted songs into commercial social media content without obtaining proper licenses. Copyright infringement in digital marketing has become increasingly complex as brands seek engaging content that resonates with audiences, often leading to unauthorized usage of popular music tracks that can result in significant legal and financial consequences.

Social Media Marketing encompasses promotional strategies that leverage platforms like TikTok and Instagram to reach target audiences through organic and paid content. DSW's alleged violations demonstrate how brands integrate popular culture elements, including music, into their marketing campaigns to increase engagement and brand recognition. This marketing approach has become essential for retail brands, but requires careful consideration of intellectual property rights when incorporating third-party creative content.

Music Usage Confirmation refers to TikTok's verification system that requires users to confirm they own rights to music or have obtained necessary permissions before posting content with audio tracks. This policy, implemented in August 2020, creates legal obligations for commercial users who must verify their rights to use copyrighted material. The system represents platform efforts to balance user creativity with intellectual property protection, though the lawsuit suggests these safeguards may be circumvented through misrepresentation.

Original Sound describes audio content that appears to be created by the user posting it, though the lawsuit alleges DSW mislabeled copyrighted recordings as original content to avoid detection and licensing requirements. This practice demonstrates how platform categorization systems can be manipulated to disguise unauthorized usage of protected material. The designation carries legal implications as it suggests the poster owns or has rights to the audio content being shared.

Influencer Marketing involves partnerships between brands and social media personalities to promote products through sponsored content, as evidenced by DSW's collaboration with Instagram influencers who posted content featuring copyrighted music. These partnerships extend brand liability beyond direct corporate accounts to include third-party creators who produce promotional content on behalf of companies. The lawsuit highlights how brands can be held responsible for copyright violations committed by their influencer partners, particularly when compensation is involved.

TikTok Platform serves as a primary social media marketing channel where brands create short-form video content to engage younger demographics, though the platform's music-centric nature creates significant copyright compliance challenges for commercial users. The platform's algorithm favors content that incorporates popular songs, creating tension between marketing effectiveness and intellectual property rights. TikTok's policies attempt to balance creative expression with copyright protection, but enforcement remains complex for commercial content.

SME Recordings refers to Sony Music Entertainment's catalog of copyrighted musical works that include recordings by major artists like Beyoncé, Becky G, and Mariah Carey. These recordings represent valuable intellectual property assets that generate revenue through licensing agreements for commercial usage. The unauthorized use of SME recordings in marketing campaigns represents lost licensing revenue and potential brand dilution for the artists and record label involved.

Brand Liability encompasses the legal responsibility that companies bear for copyright violations occurring in their marketing campaigns, including content created by employees, agencies, or influencer partners. The DSW case demonstrates how brands can face significant legal exposure when their marketing strategies involve unauthorized use of copyrighted material. This liability extends beyond direct corporate posts to include sponsored content and influencer partnerships that incorporate protected intellectual property without proper clearance.

Digital Advertising represents the broader ecosystem of online promotional activities that increasingly rely on social media platforms and user-generated content formats that may incorporate copyrighted material. The industry faces growing legal challenges as traditional advertising regulations adapt to social media marketing practices. This case highlights the need for comprehensive intellectual property compliance in digital advertising strategies that leverage popular culture elements.

Legal Enforcement describes the increasing trend of copyright holders pursuing litigation against brands that use protected content without authorization in their marketing campaigns. Sony Music's lawsuit against DSW represents a strategic effort to establish precedent for intellectual property protection in social media marketing. This enforcement trend reflects the significant financial stakes involved as social media advertising represents billions in annual marketing spend, making proper licensing compliance essential for brand risk management.

Summary

Who: Sony Music Entertainment filed the lawsuit against Designer Shoe Warehouse (DSW), targeting the footwear retailer's marketing practices and influencer partnerships.

What: A copyright infringement lawsuit alleging systematic unauthorized use of popular songs in social media marketing campaigns, including works by Becky G, Beyoncé, Doja Cat, Yo Gotti, and Mariah Carey.

When: The lawsuit was filed on August 6, 2025, covering alleged infringements from 2022 through June 2025, with TikTok policy violations occurring after the platform implemented Music Usage Confirmation requirements in August 2020.

Where: The case was filed in federal court as 2:25-cv-07285, targeting DSW's activities on TikTok and Instagram platforms, including both organic brand posts and sponsored influencer content.

Why: Sony Music seeks to enforce copyright protections for its extensive music catalog as social media marketing increasingly incorporates popular songs without proper licensing, representing a significant test case for intellectual property enforcement in digital advertising.