Warner Music sues Ray-Ban owner for $64m over songs in adverts
Warner Music Group has sued the owner of Ray-Ban for $64 million, claiming its eyewear brands used hundreds of songs in social media adverts without paying.
The complaint was filed on Oct. 9 against EssilorLuxottica, the eyewear group behind Ray-Ban, Oakley and Sunglasses Hut, according to Billboard. Warner alleges the company's brands put unlicensed music in adverts sent to more than 36 million followers.
That audience was spread across Facebook, Instagram, TikTok and YouTube. Warner says the music was not background use by fans. It says the tracks were used in commercial posts meant to sell glasses.
The scale is large. Warner accuses EssilorLuxottica of infringing 427 copyrights it owns or controls. It is seeking statutory damages, the fixed penalties set by US copyright law, of $150,000 per work. That adds up to about $64 million.
The filing names specific tracks. They include Charli xcx's recording "Apple" and Dua Lipa's recording "Don't Start Now," both released by Warner's labels.
Other examples involve the songwriting side. Warner Chappell, the company's publishing arm, controls interests in compositions including Drake's "0 to 100/The Catch Up," Rihanna's "Where Have You Been," Taylor Swift's "You Belong with Me" and Travis Scott's "Sicko Mode," which Warner says were also used.
In music, those are two separate rights. One covers a particular recording. The other covers the underlying song, the words and melody. An advert usually needs permission for both.
What makes this stand out is the word attached to the claim. The law firm ECBAWM, which says it filed the case for Warner, describes it as alleged willful copyright infringement, according to ECBAWM. Warner will still need to prove its case in court. EssilorLuxottica has not yet had its response reported.
