Chilis
Universal Music Group (UMG) has filed a lawsuit claiming Chili’s used more than 60 copyrighted songs from Ariana Grande, Justin Bieber and others on social media without permission, just months after the Beastie Boys accused the restaurant chain of the same thing.
In a complaint filed Tuesday (Oct. 10) in Manhattan federal court, the music giant accused Chili’s owner Brinker International Inc. of willfully using unlicensed music in dozens of promotional videos across YouTube, TikTok, Instagram and Facebook.
“In order to draw the attention of consumers in the fast-moving world of social media, defendants chose to rely on the use of popular music as an integral part of their Chili’s messaging,” UMG’s lawyers write. “But despite this success, defendants have failed to pay plaintiffs for the music that serves as the soundtrack for Chili’s social media ads.”
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In addition to Grande and Bieber, UMG says the videos featured music from dozens of other stars, including Mariah Carey, Lady Gaga, Snoop Dogg, Lana Del Rey, ABBA, Luke Bryan, Travis Scott, Bruno Mars, Lil Nas X, Earth Wind & Fire, The Weeknd and more.
The new case comes less than three months after Chili’s was accused of largely the same thing by the Beastie Boys. In that case, which remains pending, the iconic rap trio accuses the restaurant of using their 1994 smash “Sabotage” online, including in a video that mimicked the song’s 1970s-themed music video.
Social media platforms like Instagram and TikTok provide huge libraries of licensed music for users to add to their videos. But there’s a key exception: The songs can’t be used for commercial or promotional videos posted by brands. That kind of content requires a separate “synch” license, just like any conventional advertisement on television.
That crucial distinction has led to numerous lawsuits in recent years.
Beginning in 2021, all three major labels sued drink maker Bang Energy for using hundreds of copyrighted songs in promotional TikTok videos, with Universal and Sony eventually winning large judgments. In May, Sony filed a case against Marriott over accusations that the hotel chain had used nearly 1,000 of its songs in social media posts. And in July, Kobalt and other publishers sued more than a dozen NBA teams over the same thing.
In Tuesday’s case against Chili’s, UMG argued that a sophisticated company with more than 1,600 restaurant locations would have known that it needed sync licenses to use well-known music in ads — or at least that it should have known.
“Defendants include successful companies promoting multiple restaurant franchises with their own legal departments and protecting their own intellectual property interests,” UMG’s lawyers write. “Despite defendants’ prior history of licensing music from plaintiffs for use in commercials, defendants did not seek to determine which of the videos at issue in this complaint used plaintiffs’ musical works.”
Brinker did not immediately return a request for comment.
The Beastie Boys are suing the owner of Chilis over allegations that the restaurant chain used the rap trio’s iconic 1994 song “Sabotage” in a social media advertisement without permission.
In a lawsuit filed Wednesday (July 10) in Manhattan federal court, the hip-hop legends accused Brinker International of infringing their copyrights by using the song without a license — an especially serious allegation from a trio that famously doesn’t allow its music to appear in ads.
“Use of the ‘Sabotage’ sound recording, music composition and video was all without permission,” the group’s attorneys write. “The plaintiffs do not license ‘Sabotage’ or any of their other intellectual property for third-party product advertising purposes, and deceased Beastie Boys member Adam Yauch included a provision in his will prohibiting such uses.”
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The Beastie Boys says the Chilis ad in question featured three men in “70s-style” wigs, fake mustaches, and sunglasses carrying out a “robbery” of food ingredients from a Chilis. The group says it clearly “intended to evoke” the music video to “Sabotage,” a parody of 1970s “crime drama” television programs that featured Adam “Ad-Rock” Horovitz, Michael “Mike D” Diamond and the late Adam “MCA” Yauch in similar attire.
The band’s lawyers say using the song was bad enough, but that by recreating a video that featured “unauthorized video impersonations of Diamond, Horovitz and Yauch, Brinkers also violated federal trademark law by duping consumers with a false endorsement.
“The public was confused into believing that plaintiffs sponsored, endorsed and are associated with defendant Brinker in promoting defendant Brinker’s ‘Chili’s’ restaurants and products,” the lawsuit reads.
A spokesperson for Brinker did not immediately return a request for comment.
The Beastie Boys are infamously protective of their music when it comes to advertising, a stance underscored by the fact that Yauch’s will featured a provision prohibiting the use of his image, music and any art he created in advertising.
In 2013, the group sued a toy company called GoldieBlox after it released a viral parody of the group’s 1987 song “Girls” to promote its engineering and construction toys for girls, eventually winning a settlement in which the company apologized and donated a portion of its revenues to charities. And in 2015, the group won a $1.7 million verdict against Monster Energy over a video used by the energy drink company that used several of the group’s songs in a promotional video.
But they’ve also given certain uses of their music their blessing. In 2016, “Sabotage” appeared in a trailer for Star Trek Beyond; the next year, the group permitted the song to be used in an advertisement for the video game Destiny 2. Though those were advertisements, both of them were promoting artistic works rather than products.
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