Warner Music Group (WMG) has hit apparel company PacSun with a copyright infringement lawsuit for allegedly using unlicensed music in advertisements and influencer videos on TikTok and Instagram.
The lawsuit, filed on Monday (Dec. 1) in California federal court, claims PacSun’s social media pages have illegally used hundreds of unlicensed tracks by top artists like Cardi B, Ariana Grande, Beyoncé, Dua Lipa, Charli xcx and Bruno Mars. WMG owns rights to these songs via various label subsidiaries, including Atlantic Records and Warner Records, and its publishing arm, Warner Chappell Music.
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According to the legal complaint, PacSun has invested heavily in social media marketing in recent years. WMG says the retailer has been “wildly successful” in selling apparel directly through posts on TikTok and Instagram, building up millions of followers and earning hundreds of millions of dollars in annual revenues.
“However, defendants achieved that success through their blatant, willful and repeated copyright infringement, including the infringement of at least 290 of plaintiffs’ most popular and valuable sound recordings and musical compositions,” write WMG’s lawyers at Sidley Austin.
While individual social media users can soundtrack their videos for free with songs covered by blanket licenses, companies are required to buy so-called sync licenses for music in commercial advertisements. There has been a spate of lawsuits in recent years from the major record labels against brands that use unlicensed music on Instagram and TikTok, including Bang Energy, Chili’s and Behr Paint.
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Like those previous lawsuits, WMG alleges here that PacSun uses copyrighted music to soundtrack its social media ads without buying sync licenses. The lawsuit also accuses PacSun of paying influencers to do the same, citing TikTok videos of influencers lip-syncing to Jack Harlow’s “WHATS POPPIN” and the Fleetwood Mac classic “Dreams” while encouraging followers to buy PacSun products.
WMG says it sent a cease-and-desist letter to PacSun back in February 2024, but to no avail: “Not only did PacSun explicitly choose to ignore the demand, its infringement both continued unabated as to several of the works identified by plaintiffs and expanded to include new, additional infringements,” reads the lawsuit.
Now, WMG is seeking a court injunction to stop the alleged infringement, as well as financial damages. The music company says it’s entitled to the maximum statutory damages of $150,000 per infringed work, which would add up to a whopping $43.5 million for all 290 of the songs at issue.
PacSun did not immediately return a request for comment on Tuesday (Dec. 2).
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