DSW Faces Copyright Infringement Lawsuit
Copyright infringement has become common in recent years as people enhance their social media posts with music and other audio.
On August 6, Sony Music Entertainment (SME) filed a federal copyright infringement lawsuit against Designer Shoe Warehouse (DSW), accusing the national footwear retailer of using copyrighted music recordings in its social media marketing campaigns without obtaining the proper licenses. The case, filed in the U.S. District Court, claims that DSW engaged in “systematic and willful infringement” to boost engagement and sales on popular platforms such as TikTok and Instagram.
According to SME’s detailed complaint, DSW repeatedly incorporated chart-topping songs from well-known artists into promotional videos and influencer campaigns while mislabeling them as “original sound” on social media. Among the recordings specifically named in the lawsuit are “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 Mariah Carey’s holiday classic “All I Want For Christmas Is You.”
One cited example involves a TikTok post from July 4, 2024, in which DSW allegedly exploited the SME-owned recording “Shower” by Becky G. The video featured the song’s instantly recognizable lyric, “You light me up inside like the Fourth of July,” paired with the promotional caption: “Shop our semi-annual sale and light up like the 4th of July.” SME claims this was not an isolated occurrence but part of a pattern of marketing tactics deliberately built around popular music.
Another example from September 14, 2023, allegedly used Beyoncé’s “Crazy in Love” in a video referencing both her track “Formation” and an actual Beyoncé concert. The caption read: “Get in formation, we came to slay (and did). @emma.arletta #tour #concert #mydsw.” SME argues that such posts show a calculated strategy to tie the DSW brand to pop culture moments.
The complaint explains that DSW achieved this by uploading copyrighted recordings to TikTok and Instagram as “original sound,” which bypassed built-in licensed music libraries. TikTok’s copyright policy, in place since August 2020, requires users to confirm ownership or authorization for any audio used. SME alleges that DSW falsely represented compliance, despite knowing it lacked the necessary rights.
The alleged violations also extended to paid influencer campaigns. In June, an influencer partnered with DSW posted an Instagram ad featuring Beyoncé’s “Haunted” to promote Sperry shoes. The post omitted the legally required #ad disclosure, which shows DSW either paid the influencer or provided non-monetary compensation for the promotional post.
SME is also accusing DSW of failing to promptly remove infringing posts after receiving notices from rights holders. In some cases, the company continued to post new content containing SME recordings even after being alerted to previous violations.
Learn More About Copyright Infringement
Many people feel they can legally use whatever content they find online, but in many cases, these materials are copyrighted. Improper use can lead to legal issues.
Protecting yourself against trademark or copyright infringement can be a challenging task. Orlando trademark & copyright lawyer B.F. Godfrey from Godfrey Legal has the experience and knowledge of intellectual property law needed to provide effective and efficient representation when you feel your work has been used inappropriately or without your permission. To schedule a consultation, fill out the online form or call (407) 890-0023.
