Warner Music has sued several companies in the EssilorLuxottica group, owner of Ray-Ban and Oakley, for using at least 427 songs without a licence in Instagram and TikTok posts. At the legal maximum of US$150,000 per work, the claim exceeds US$64 million. The case carries a lesson for any brand: the music that social networks offer is for personal use, not commercial use.
What the lawsuit says
| Item | Detail |
|---|---|
| Plaintiffs | Atlantic Music Group, Warner Chappell and other Warner Music Group companies |
| Defendants | Luxottica Group, Oakley, Eye Buy Direct and Costa Del Mar |
| Court | Federal court in New York |
| Works claimed | At least 427, including recordings and compositions |
| Recordings | About 140, by artists such as Dua Lipa, the Ramones, Charli XCX, the Black Keys and Van Halen |
| Maximum amount | More than US$64 million (US$150,000 per work) |
| Prior warnings | Two cease-and-desist letters, in December 2025 and May 2026 |
The details were published by Digital Music News, which reviewed the text of the complaint. According to Warner, the group's brands have more than 36 million followers and their social media strategy has been key to their commercial results. EssilorLuxottica did not respond to that outlet's request for comment before publication. This is a pending lawsuit: what is described are one side's allegations, and there is no ruling.
The key point: social media music is not for brands
When a person uploads a video with a song from TikTok's or Instagram's library, they are covered: the platforms pay licences for that personal use. A company promoting its products is not. Commercial use requires its own licence, and that includes paid influencer posts.
The lawsuit argues that the companies ignored the platforms' own warnings, and includes a screenshot of TikTok's music usage confirmation page. It also claims over the videos of hired influencers, under the heading of indirect infringement.
It is not an isolated case
The major labels have been filing suits of this kind for years. Digital Music News lists cases against the drink Bang Energy, the shoe chain DSW, the cookie brand Crumbl, the clothing retailer Pacsun, restaurants, universities and NBA and hockey teams. Several ended in settlements.
| Use | Covered by the platform's licence? |
|---|---|
| A person posts a video with a trending song | Yes |
| A brand posts a product video with that same song | No |
| An influencer paid by the brand uses the song in the ad | No |
| A brand uses the platform's commercial music library | Yes |
How to avoid the problem if you run a brand's account
- Use the commercial library. TikTok has a commercial music library and Meta a collection of royalty-free sounds, designed for business accounts.
- If you want the trending song, license it. You need permission for both the recording and the composition, which usually have different owners.
- Check what your influencers post. If the video is part of a paid campaign, liability can reach the brand.
- Deleting it later does not erase the infringement. Lawsuits include old videos.
- Do not ignore a warning letter. In this case there were two before the lawsuit.
This describes the case and general practice in the United States; it is not legal advice, and the rules vary by country.
Why the labels keep pushing
Because short video is now where songs become hits and where brands advertise. The labels want to be paid for that use just as they are for a song in a television commercial. And US law gives them a powerful tool: up to US$150,000 per work when the infringement is wilful, which turns a few hundred videos into a figure in the tens of millions.
On how brands sell on social media, see Rihanna's live on TikTok Shop. And on the audio business, what a podcast is.
Frequently asked questions
Why did Warner Music sue Ray-Ban's owner?
Because it accuses companies in the EssilorLuxottica group of using at least 427 songs without a licence in Instagram and TikTok posts.
How much money is it asking for?
At the legal maximum of US$150,000 per work, more than US$64 million.
Can a company use TikTok songs in its videos?
Only those in the commercial music library. The rest are licensed for personal use.
Is there a ruling yet?
No. The lawsuit was filed in a federal court in New York and is pending.
