Universal Music has followed the Beastie Boys’ lead and sued the Chili's restaurant chain in the US for using unlicensed music in its social media posts. It’s the latest in a string of lawsuits to be filed over brands using music on social media without permission, although one recently filed by Sony Music against the Marriott hotel company has just been dismissed.
In the new Chili’s lawsuit, Universal declares that, “in order to draw the attention of consumers in the fast-moving world of social media”, the restaurant company “chose to rely on the use of popular music as an integral part of their Chili’s messaging”.
However, it has “failed to pay” Universal’s labels and music publishing business “for the music that serves as the soundtrack for Chili’s social media ads posted on their social media accounts”.
Although social media platforms like Instagram and TikTok have their own licences from the music industry, those generally only cover user-generated content.
When brands post videos featuring commercially released music, they need to secure licences for that music in the same way they would for a TV advert. Or, alternatively, use music on the platforms that has been specifically cleared for brands, such as tracks in TikTok’s Commercial Music Library.
The owners of Chili’s know this, Universal’s lawsuit states, because they have obtained licences in the past for some uses of music. However, “despite this history and knowledge, defendants used scores of plaintiffs’ works without permission or payment”.
Universal’s legal filing includes a long list of videos posted by Chili’s to Instagram and TikTok containing recordings and/or songs that it controls. That includes music from the likes of Ariana Grande, Gnarls Barkley, ABBA, Mariah Carey, Yung Gravy, Bruno Mars and Justin Bieber.
The major wants the court to order Chili’s to stop infringing its copyrights through its social media posts. Plus, of course, the music company wants lots of damages, which might involve “statutory damages up to the maximum amount of $150,000 per infringed work”. Given the number of works listed, that could prove to be very expensive.
The Beastie Boys sued Chili’s back in July for using their track ‘Sabotage’ in a video posted to social media without the band’s permission. In that case, the restaurant chain is also accused of basing their social media post on the video to the band’s track, allegedly implying a brand endorsement.
Other companies sued for using music in social media posts without licence include Gymshark, Bang, Iconic London and various NBA teams. Sony Music also sued Marriott in May, although that case has now been settled. Sony filed papers with the court earlier this week to dismiss the litigation with prejudice.