Sony Music and DSW Reach Settlement in Principle Over Social Media Ad Music
Sony Music Entertainment and Designer Brands, the parent company of DSW Designer Shoe Warehouse, have reached a settlement in principle in Sony's copyright infringement lawsuit over music used in social media advertisements. The agreement was disclosed in a court filing on Monday, August 17, in the US District Court for the Central District of California, though financial terms were not revealed and the deal had yet to be formally executed. Music Business Worldwide
The parties told the court the settlement was "subject to the negotiation and execution of a mutually acceptable settlement agreement." They asked the judge to take scheduled hearings and conferences for August 18 and August 25 off the calendar and to push back all remaining deadlines in the case by 30 days. The notice was signed by Cynthia S. Arato of Shapiro Arato Bach for the plaintiffs and Jeff M. Barron of Barnes & Thornburg for the defendants.
Sony sued the retailer in August 2025 over what it called "rampant infringement" of its sound recordings in social media ads. According to Sony's complaint, DSW and its influencers had used at least 122 Sony-controlled recordings across more than 170 video promotions without a licence. The recordings named in the filing included some of the most recognisable pop tracks of the past four decades: "Crazy in Love" by Beyoncé and Jay-Z, "Paint The Town Red" by Doja Cat, "Sweet Dreams (Are Made of This)" by Eurythmics, and "All I Want for Christmas Is You" by Mariah Carey.
The plaintiffs in the case include Sony Music Entertainment, Sony Music Entertainment US Latin, Arista Music, Arista Records, Ultra Records, Zomba Recording, Records Label LLC, and LaFace Records. The defendants are Designer Brands Inc., DSW Shoe Warehouse Inc., and footwear brand Topo Athletic LLC.
Before Sony filed its infringement suit, DSW and its affiliates made a preemptive legal move. In July 2025, they filed a declaratory judgment complaint in Ohio — a request for a court to rule that their posts did not infringe copyright — naming Sony Music Entertainment, Sony Music Publishing, UMG Recordings, Universal Music Publishing, and BMG Rights Management as defendants. DSW argued that the music in its social media posts was already covered by licensing agreements between the record labels and platforms such as Instagram and TikTok.
That strategy did not hold. Earlier in August, Judge Michael H. Watson of the US District Court for the Southern District of Ohio granted Sony Music's motion to dismiss DSW's preemptive suit, calling it an "anticipatory" filing and ruling that Designer Brands had improperly raced to the courthouse. Bloomberg Law
With the Ohio action dismissed, the California infringement case became the primary battleground. Now, with a settlement in principle on the table, both sides are negotiating the final terms rather than heading to trial.
