social media
In recent years, social media platforms have become a key battleground for copyright infringement disputes, with music rights holders targeting brands that use copyrighted tracks in social media posts.
This development can be traced, in part, to increasingly sophisticated software that major music labels and publishers use to monitor infringing uses of their songs online — a reaction to the “whack-a-mole” frustration that rights holders feel when they consistently find their songs being used on the Internet without permission. And with the risk of potential statutory damage awards for copyright infringement ranging from $200 to $150,000 per infringed work, rights holders can hold significant leverage in any ensuing legal action. Thus, whether a brand is incorporating music into posts on its social media channels or partnering with influencers who do the same, using music on social media has never been riskier.
Below, we examine the rising tide of recent lawsuits and other legal action taken against brands by music rightsholders and outline key takeaways to help avoid infringing uses and ensure that artists are properly compensated for their work.
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The Vital Pharmaceuticals Case
In 2021, UMG Recordings sued Vital Pharmaceuticals, the parent company of Bang Energy, for direct, contributory, and vicarious copyright infringement, alleging that videos posted by Bang and its influencers on TikTok used UMG’s copyrighted songs without permission. UMG argued that Bang was “well aware” that its conduct constituted copyright infringement because UMG had informed Bang of its unauthorized uses before bringing suit. UMG also argued that Bang had control over and financially benefited from its influencers’ infringing videos, which the influencers submitted to Bang for approval before posting.
Bang denied any knowledge of infringement, arguing that TikTok’s standard music license covered Bang’s use of UMG’s music. The court disagreed and granted summary judgment on UMG’s claim for direct copyright infringement, holding that UMG did not authorize TikTok to permit end users, such as Bang, to use the music for commercial (as opposed to personal) purposes. The court reasoned that because direct liability for copyright infringement does not require proof of intent, Bang’s belief that TikTok gave it permission to use UMG’s music was, at most, relevant to the amount of damages Bang owed, not whether it was liable for copyright infringement in the first instance.
The court ruled against UMG, however, on its vicarious and contributory infringement theories related to Bang’s influencers, concluding that UMG failed to prove that Bang had input regarding the selection of music included in influencers’ videos and did not point to any evidence that Bang received a direct financial benefit from the influencers’ videos.
The Growing Litigation Trend
Since UMG v. Vital Pharmaceuticals, music rights holders have ramped up enforcement efforts against other brands. Sony Music Entertainment launched its own copyright infringement lawsuit against Bang (as did Warner Music Group) and also filed claims against brands such as Gymshark, OFRA Cosmetics, Marriott International and the University of Southern California. In each case, the brands, and/or the influencers they hired, allegedly used Sony-owned sound recordings in posts promoting the companies’ products or services.
Similar to UMG’s argument in Vital Pharmaceuticals, Sony argued that each of the companies knew that their content infringed Sony’s copyrights prior to the lawsuits, and thus that the infringement was “willful,” entitling Sony to statutory damages as high as $150,000 per infringed work. In the Gymshark case, as in Vital Pharmaceuticals, it was alleged that Gymshark knew that the music was unlicensed because Gymshark previously approached Sony to discuss music licensing and then proceeded to use Sony’s music without securing commercial licenses. OFRA allegedly failed to take down infringing content after Sony sent a cease-and-desist letter and then posted new infringing content after learning of Sony’s claims. And Marriott allegedly did not take down its posts upon Sony’s request, was previously sued in 2021 for similar copyright infringement issue, and generally knew how to enter into music licenses.
As in Vital Pharmaceuticals, Sony also brought claims against alleged infringers, such as Gymshark and OFRA, for contributory and vicarious liability based on their influencers’ infringing content. Most recently, Warner Music Group (WMG) sued Crumbl and Designer Brands Inc., the parent company of DSW Shoe Warehouse, under similar theories.
While a number of these cases were just recently filed, and others ultimately settled out of court or appear to be moving towards settlement, there is no question that they are part of a fast-growing trend, and provide a glimpse into the mindset, and tactics, of rights holders with respect to unauthorized music use on social media platforms.
Navigating Platform Music Licenses
So what can brands do to avoid this type of legal action and ensure from the outset that artists are properly compensated for their copyrighted works? The best way to avoid copyright infringement when using music owned by a third party is, of course, to license the music directly from the third-party rights holders. This approach is often impractical, however, given the speed and volume with which brands need to publish content on social media.
Instead, many brands use music from the social media platforms’ respective “commercial music libraries” or “CMLs,” which contain different music options than those available for “personal” accounts. The CMLs, such as Meta’s Sound Collection and TikTok’s Commercial Music Library, allow companies and individuals to use music on the platform specifically for commercial purposes, so long as the brand also adheres to the platform’s other license terms.
Using CMLs can pose challenges, however, especially with respect to registering “business” accounts within each platform. Even with the proper registration, it is not always clear which music within the different libraries’ business or commercial accounts can use, and the scope of those rights may (and do) change over time. There are, however, a number of strategies brands can use to help ensure they are using permitted music.
For example, before using a platform’s CML, brands should review the CML’s terms of service and related policies, including terms that specify which commercial purposes the music can be used for and whether the songs can be used in videos on other platforms. It is equally important for brands to actively track the platforms’ evolving license terms in order to remain compliant. And for some brands, it may make sense to use software or external vendors to monitor and flag their brand and influencer posts for potential copyright violations across social media platforms. Of course, every brand’s business needs will be different. The key is finding the right combination of internal and external resources to help minimize the risk of copyright infringement.
Conclusion
The rising chorus of lawsuits from music rights holders is nothing to tune out. Brands using music as part of their social media strategies (which, practically speaking, is almost every brand) must take proactive steps to mitigate legal risks, and they will also be protecting artists’ rights in the process. This includes complying with and staying informed about changes to platform-specific licensing terms, ensuring that their influencers stay within the bounds of such terms, and considering tools to monitor, flag, and remove potentially infringing content. Failing to take these precautions can lead to costly litigation, reputational damage, and the forced removal of content.
Sarah Moses is an entertainment litigation partner with Manatt, Phelps & Phillips, LLP and focuses her practice on a variety of complex litigation and commercial disputes. She represents media, entertainment and technology clients in copyright, trademark, right of publicity, First Amendment, blockchain and artificial intelligence (AI) matters, among others.
Monica Kulkarni is an advertising, marketing and media associate with Manatt, Phelps & Phillips, LLP. She represents clients across a variety of industries and provides multidisciplinary legal counseling on transactional, compliance and regulatory matters in advertising, entertainment and media.
Jacob Geskin is a law clerk with Manatt, Phelps & Phillips, LLP based in the Firm’s New York office where he works across music, intellectual property and media law.
Source: Albany Times Union/Hearst Newspapers / Getty
A post by former FBI director James Comey is being spun as a threat against President Donald Trump, with social media disagreeing.
On Thursday (May 15), former FBI director James Comey posed a photo to his Instagram account. It showed shells on the beach arranged into a formation of numbers – “86 47”. The cryptic image was accompanied by the caption, “Cool shell formation on my beach walk.” In restaurant culture, to “86” something means to get rid of something or someone. In pairing it with “47”, it drew immediate assumptions that the photo was a call to violence from President Donald Trump and his staff.
Comey would delete the post shortly afterward, writing that he “didn’t realize some folks associate those numbers with violence.” In a follow-up post, he continued: “It never occurred to me but l oppose violence of any kind so I took the post down.” Department of Homeland Security Secretary Kristi Noem confirmed that the administration is now investigating Comey, stating that “D.H.S. and Secret Service is investigating this threat and will respond appropriately.”
Tulsi Gabbard, Trump’s director of national intelligence, called Comey out on Fox News’ Jesse Waters Primetime saying that Comey should be “held accountable” and “put behind bars” for allegedly “issuing a call to assassinate [Trump]”. Comey was fired by Trump during his first term. Trump also attacked Comey in another interview on Fox News. “He knew exactly what that meant. A child knows what that meant,” Trump said, adding: “If you’re the FBI director and you don’t know what that meant? That meant assassination. And it says it loud and clear. Now, he wasn’t very competent, but he was competent enough to know what that meant.”
But social media users called Trump and his supporters out for ramping things up too far, and recalled his own rhetoric against former President Joe Biden. In a post on X, formerly Twitter, user Drew Savicki wrote: “Nobody actually believes James Comey was threatening Trump. It’s all performative outrage.” In a segment with CNN’s Kaitlan Collins, legal analyst Elie Honig dismissed Gabbard’s claims. “This is not criminal,” he said. “This is not a criminally chargeable threat against the president. It’s political speech. It’s way too broad. It’s stupid, it’s reckless. It’s not criminal. That’s just hyperbole that you’re hearing from the Cabinet members there.”
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Source: picture alliance / Getty / Elmo
Elmo might be a puppet, but like everyone else, he feels the sting of Donald Trump’s unstable economy and is now searching for new employment.
The internet has been in stitches since a debunked viral post featuring the lovable puppet monster from Sesame Street popped up on LinkedIn. The post features Elmo updating his profile after the Trump administration’s stupid budget cuts.
“Hi LinkedIn, Unfortunately Elmo was recently laid off because of the federal budget cuts,” the post begins. “Elmo worked at Sesame Street for 45 years. Elmo is sad. Elmo loved his time at Sesame Street.”
Like a normal profile on the job-search site, the puppet provided his credentials while sending a heartfelt farewell to friends and other longtime residents of Sesame Street, Big Bird, and Cookie Monster.
“Elmo is looking for his next opportunity,” the post continued. “Elmo is good at so many things. Like hugs. Elmo LOVES giving hugs. Elmo can also recognize the letter E, spell his name, feel empathy, sing ‘Elmo’s Song’ and ask how you are doing. Elmo is open to full-time or freelance roles.”
Elmo’s Post Reflects What’s Going On In The US Right Now
While the unemployment rate in the United States remains steady, currently sitting at 4.2%, it’s not looking good for those who reside on Sesame Street.
Thanks to an executive order issued on May 1 by the Trump administration calling for the cutting of federal funding to PBS and NPR in an effort to save money.
If you’re wondering exactly how much money in the federal budget goes to both entities, Katherine Maher, NPR President and CEO, said, “The appropriation for public broadcasting, including NPR and PBS, represents less than 0.0001% of the federal budget.”
The LinkedIn post has also garnered reactions, which you can see in the gallery below.
3. Blame Donald Trump and Elon Musk
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Source: Michael Buckner / Getty / Halle Berry / Van Hunt
Halle Berry had herself a wonderful Mother’s Day, and she wanted the entire world to know, in a clever way, to plug her intimacy gel.
In a clip shared on her Instagram account, Berry shared a video featuring herself and her boo, singer Van Hunt, snuggled up together in bed very much letting us know that her Mother’s Day will end with some bedroom gymnastics.
The X-Men star is very giddy in bed as she talks about her upcoming pound session, while Hunt is very eager to get to smashing. Who can blame him? It’s Halle Berry, and we are talking about it here.
The social media-savvy actress’s impromptu video was also a clever way to promote her intimacy gel, Let’s Spin. Now available in a convenient travel size, she brought it with her on her trip to Cannes, France.
Berry reveals they are about to use the product, and Hunt, understandably, is very excited. The clip ends with Berry wishing everyone a happy Mother’s Day while “spinning.”
The actress has been the talk of social media thanks to her very revealing custom LaQuan Smith dress, which she wore to the Met Gala and left little to the imagination, especially in the lower region.
Social Media Hilariously Reacts To Halle Berry’s Video
As expected, social media had plenty to say about Berry’s video, all hilarious takes.
“oh look at me I’m van hunt. I made the classic song “down here in hell with you”. I got a great grey beard. I’m about to rock jordan the call center operator’s wig off. fuck you,” Desus, formerly of the comedic duo Desus & Mero wrote on X, formerly Twitter.
Another post on X read, “Did not expect to end my day with Halle Berry telling the world she’s gonna get put through the mattress on this app.”
How can you not love Halle Berry?
You can see more reactions in the gallery below.
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Source: Anadolu / Getty
The Liberal Party won Canada’s general election in a stunning turnaround, seen also as a rebuke of the actions of President Donald Trump, celebrated on social media.
On Monday (April 28), Canada held its federal election, which resulted in the Liberal Party pulling off what is considered a surprising victory after trailing in polling by as much as 25 points for months. The victory is also considered a sharp rebuke by the nation towards American President Donald Trump, who has antagonized the nation through erratic tariffs and declaring that it should be America’s “51st state.”
The win gives the center-left party a strong edge to claiming the majority in Canada’s parliament with 168 seats – it needs 172 seats, otherwise it would mean working with rivals to form a coalition government. The Conservative Party, while holding 144 seats in Parliament, was rocked as leader Pierre Poilievre lost his riding seat in Ontario to a Liberal opponent. Poilievre had been seen as someone who would be more conciliatory towards Trump and his MAGA principles. He will still be considered the Conservative Party’s de facto leader.
In a victory speech, Prime Minister Mark Carney delineated the new climate of global affairs, aiming at the United States under Trump as no longer being a trusted ally of Canada. “The system of open global trade anchored by the United States, a system that Canada has relied on since the second World War, a system that, while not perfect, has helped deliver prosperity to our country for decades, is over,” he said, adding: “These are tragedies, but it’s also our new reality. We are over the shock of the American betrayal, but we should never forget the lessons. We have to look out for ourselves and, above all, we have to take care of each other.”
Trump has maintained his stance on Canada, adding more fuel to the fire in an interview with The Atlantic’s Jeffrey Goldberg and acknowledging his impact on the election: “I don’t even know if it’s a close call. But the conservative, they didn’t like Governor Trudeau too much, and I would call him Governor Trudeau, but he wasn’t fond of that,” he said. Social media also pointed out Trump’s impact as they congratulated Canada on the Liberal Party’s win. “The only thing Trump did in his first 100 days was unite Canada,” wrote Alex Cole in a post on X, formerly Twitter.
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Source: Wirestock / Getty / Gorilla
Who would win between 100 men and one gorilla? Only on social media could this spark a national discussion.
Over the weekend, one user on X, formerly Twitter, who goes by the handle @DreamChasnMike, asked his followers, “i think 100 n***** could beat 1 gorilla everybody just gotta be dedicated to the s***.”
Like with any ridiculous question on the app that is allegedly no longer owned by Elon Musk, a serious debate on the topic broke out, sparking some hilarious reactions, of course, memes.
Some users dropped jokes about what they would do if they found themselves to be one of the 100 men involved in the hypothetical situation with the great ape.
One user joked on X, “me and the homies going to fight the gorilla but wearing suits to make the funerals easier.”
Another post read, “The 100 niggas vs 1 gorilla conversation has me weak cause once he snap the first nigga in half who tf gone wanna go next????”
The debate even found its way onto Shannon Sharpe and Ocho Cinco’s podcast, Nightcap.
Most Folks On X Think 100 Men Stand No Chance Against The Gorilla
The general consensus on social media is that the gorilla would easily beat 100 men.
So, could 100 men beat a gorilla? Well, Newsweek took things a step further and asked ChatGPT what would happen if this situation occurred, with the AI chatbot concluding that victory is possible for the men, but with certain conditions.
Per Newsweek:
Yes, 100 unarmed men could defeat a single adult male gorilla, but:
It would come at extreme cost (likely dozens of deaths or catastrophic injuries).
It would require incredible coordination, courage, and strategic sacrifice.
Without careful planning, the gorilla could very well win or cause immense devastation before being overcome.
“Victory is possible only through overwhelming numbers, sheer courage, and sacrifice.”
Well, we highly suggest you don’t mess with a gorilla because they are an endangered species, and they are strong as hell, just saying.
You can see more reactions in the gallery below.
9. Brilliant
10. RIP To Sean Price
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Source: Pacific Press / Getty
New York City Mayor Eric Adams opened up about his dating past and fare-beating in a recent town hall meeting, leaving
social media aghast.
The re-election campaign of New York City Mayor Eric Adams took another bizarre turn which left social media users in disbelief. On Wednesday night (March 19), Adams was at a town hall meeting being held in the Arverne neighborhood of Queens, not too far from Far Rockaway. Adams began the meeting in a nostalgic mood, opening up about dating a former girlfriend in the Rockaways. “I had a shorty that lived out here,” he said to the crowd, adding “You know, love is blind,” while reminiscing about the long ride on the A train. He also confessed to jumping the turnstile to avoid paying the fare on occasion. “The statute of limitations is over,” he joked.
Mayor Adams’ trip down memory lane was captured on video, which quickly went viral on social media with users comparing him to the Rashad Tate character in the Power television franchise, played by veteran actor Larenz Tate. Comedian Roy Wood Jr. highlighted the moment and juxtaposed it with a joke he made about politicians being entirely too social from a past routine. “Give him enough time, Eric Adams gone prove you right. As he did today. This joke is 2 years old,” he wrote in the post on X, formerly Twitter.
https://x.com/roywoodjr/status/1902832309264368016
The video is the latest instance that observers are pointing to in questioning Adams’ attitude about his re-election chances after a slow crowdfunding period. He’s been vague about his intentions, with persistent rumors stating that he may opt out of running in a packed Democratic primary and instead run as an independent, giving him more time to raise funds and be more definitive with his outreach. Adams has also lost a good deal of support from allies in the Democratic Party, due to his refusal to condemn the actions of President Donald Trump and his immigration agenda since taking office. Others have withheld their support due to suspecting his lobbying of Trump to have federal corruption charges against him dropped, as recommended by the Department of Justice last month.
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Source: Tierney L. Cross / Getty
Republican Congresswoman Lauren Boebert attempted to defend her racist attack on Congressman Al Green by asking about “white pimps”, which led social media users to mock her.
Controversial Republican Congresswoman Lauren Boebert has come under fire for doubling down on a racist remark using a curious statement. Boebert zeroed in on Texas Democrat Al Green after his protest of President Donald Trump at the State of the Union address. “Al Green was given multiple opportunities to stand down, to sit down, to behave, to show decorum. And he did not,” Boebert said at the time. “For him to go and shake his pimp cane at President Trump was absolutely abhorrent.” Her comments would lead another Democratic Representative, Chrissy Houlahan, to introduce a resolution condemning Boebert. The Colorado politician expressed surprise in an interview with Grant Stitchfield on the Real America’s Voice Network.
https://x.com/RonFilipkowski/status/1899631976245498035
“To attack me for referencing his cane as a pimp cane, and Grant, I stand by it,” Boebert began, “I have never seen Al Green actually use his cane as a support to walk. I have seen him shake it for years, all throughout the Capitol during any meeting that I’ve ever been present with him in, and if that gold-plated cane isn’t a pimp cane, I don’t know what is.” But she didn’t stop there. “But maybe Hula Hoo is really the racist here. Are only blacks pimps? Is that what I’m hearing? Are there no cisgendered white pimps in America?” As she spoke, the graphics team for the show put up an artist’s rendering of Boebert in a purple fur coat holding a jeweled cane.
Boebert and fellow Republican Representative Marjorie Taylor Greene have a history of being openly disrespectful, including repeatedly heckling President Joe Biden during his State of The Union address in 2022 which led some of their fellow Republicans to criticize their behavior as “unbecoming.” Social media users took immediate notice of her using “white pimps” as a way to justify her remarks, with some bringing up her ejection from a performance of the Beetlejuice musical in 2022 for vaping in the audience and visibly groping her date at the time. Others called her out for being ableist. Bluesky user Boops McGee honed in on that point, writing: “It’s not a pimp cane. It’s a cane. Al Green is a politician who uses a tool to help him walk, just like many of his constituents who are dependent on Medicaid assistance.”
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Source: Nathan Stirk / Getty / X
Elon Musk is too busy firing and laying off government workers to pay attention to his crappy platform X because it was running like absolute crap on Monday.
X, formerly known as Twitter, has been down for thousands of UK and US users for a good portion of the day. Outage tracking website Downdetector.com reported more than 21,000 incidents of people in the US reporting issues with the platform during the first incident and 10,800 in the UK.
The platform reportedly returned to normal around 2:30 a.m. PT, so the outage lasted about 45 minutes in total.
X wasn’t out of the woods yet. Later in the day, around 6:45 a.m. PT, Downdetector.com reported 8,000 incidents, and the platform eventually went down again minutes later.
The last time X suffered a significant outage like this was in August 2024, with 66% of users reporting issues with the app, website, and server connections.
Since Musk reluctantly acquired the platform for $44 billion and laid off about 80% of its employees, X has been running terribly.
According to the Tesla chief, his company suffered a massive cyberattack.
“There was (still is) a massive cyberattack against 𝕏. We get attacked every day, but this was done with a lot of resources. Either a large, coordinated group and/or a country is involved,” Musk wrote on his personal X account.
Right now, Musk’s time and attention have been on his DOGE (Department of Government Efficiency), which has been under fire for firing thousands of government employees and shutting down government agencies like USAID as part of the Trunp administration’s efforts to cut government spending and waste. This has been nothing short of the purest of jigs.
X Users Always Deliver The Jokes When The Platform Suffers An Outage
As with every time X goes down, the reactions from users are always hilarious.
“When you think Twitter is down but you can’t go on Twitter to see if #TwitterDown is trending because Twitter is down,” one user on X wrote alongside a GIF of Chandler from the show Friends looking sad while looking out of a window.
https://x.com/jjeonghyeons/status/1899148534735147184
Currently, the platform is up and running again, but we won’t be shocked if it goes down again. You can see more reactions in the gallery below.
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Source: Theo Wargo / Getty
The controversial founder of Fyre Festival announced that the second edition of the concert event will take place on a Mexican island, causing many online to express disbelief.
On Monday (February 24), Fyre Festival founder Billy McFarland announced that the second edition of the ill-fated music fest will take place this year. In a press release that was shared on social media, McFarland stated that it would be a “three-day escape to the Mexican Caribbean where you’ll explore by day alongside your favorite talent and come together at night to celebrate with music,” with patrons being hosted in “world-class accommodations” with the ability to take part in “adventures led by international and local talent, taking guests on boundary-pushing excursions by day and uniting for intimate beach-side performances at night.”
Further details revealed that the festival will be held at Isla Mujeres, a luxury tourist destination just off the coast of Mexico from May 30 to June 2. Specifically, the festival will be staged at “Playa Fyre”, which is just west of Isla Mujeres according to coordinates on the event’s website. The local government of Isla Mujeres stated that it has not received any permits from organizers when contacted by The New York Times. 2,000 tickets are now available, with prices ranging from $1,400 to $1.1 million. The latter price is for an all-inclusive “Prometheus” package promising round-trip airfare from Miami to Cancun as one of the perks.
There are no performers scheduled so far for Fyre Festival 2, and in an interview with NBC’s Today, McFarland said “I’m not in charge of booking the talent,” adding that the musical acts would be from different genres including Hip-Hop, rock and electronic pop. “I’m sure many people think I’m crazy for doing this again. But I feel I’d be crazy not to do it again,” McFarland said in a statement, adding: “After years of reflection and now thoughtful planning, the new team and I have amazing plans for FYRE 2. The adventure seekers who trust the vision and take the leap will help make history. Thank you to my partners for the second chance.”
The news of the festival potentially taking place caught the attention of numerous skeptics online, who had jokes for those considering going to the festival after the first iteration failed spectacularly leading McFarland to spend six years in prison beginning in 2018. He was released in 2022. “We have Trump round 2 so why not Fyre Festival round 2,” wrote Blue Sky user Daniel Braten.