Kroger asks court to dismiss Sony Music's social media ads lawsuit
The Kroger Co. and 17 affiliated companies have asked a federal court to throw out a copyright lawsuit brought by Sony Music. The motion was filed on 2 November in the U.S. District Court for the Central District of California, and Music Business Worldwide reported it on 5 November.
Sony Music Entertainment and nine affiliated labels sued Kroger in August. They allege at least 392 unauthorised uses of their recordings in videos posted by Kroger brands and by paid influencers, the social media creators who are paid to promote products to their followers. Those are Sony's allegations, and the court has not ruled on them.
Kroger is the U.S. supermarket operator behind chains including Ralphs, Harris Teeter and Mariano's. Every named defendant joined the motion except Vitacost.com, an online vitamin and supplement retailer that Kroger sold to iHerb in January.
The motion leans heavily on a recent Supreme Court case. In a separate dispute, Cox Communications v. Sony Music Entertainment, a jury had found the internet provider liable and awarded $1 billion in statutory damages, a set amount that copyright law allows for each infringed work. On 25 March, the Supreme Court sided with Cox, unanimously, and reversed the jury verdict. Reuters reported that the justices held Cox could not be held liable for piracy carried out by its internet subscribers. Kroger's motion cites that ruling.
The filing makes six separate arguments for dismissal. As a fallback, it asks the court to order Sony to provide a more definite statement, meaning a clearer and more specific account of what it is claiming. Eight of the moving defendants also argue that they are not subject to personal jurisdiction in California, which means a California court lacks authority over them, and that the district is the wrong venue for the case.
What happens next depends on the judge. A motion to dismiss asks the court to end a case before it goes to trial, and the judge can grant it in full, in part, or deny it. Until then, the claims stand as Sony has made them, and Kroger has denied none of the uses in the motion's description of the case.
The dispute sits at a point where music licensing meets everyday marketing. Brands and influencers often use songs in short videos, and rights holders must agree to each use or license it. Behind each clip is a song someone wrote, a recording someone paid for, and a set of royalties that depend on whether the use was permitted. The court's decision will shape how those questions are argued in this case, although it will not settle them for every brand or creator.
