On May 1, 2025, Warner Music Group sued Designer Shoe Warehouse (DSW) for copyright infringement for using its music on social media. The case was filed in Ohio federal court. The lawsuit also contends that DSW violated copyright law by using paid partnerships with social media influencers.
Warner’s lawsuit states that DSW is “one of North America’s largest designers, producers and retainers of footwear and accessories.” Warner alleges that DSW “misappropriated over two hundred” of Warner Music’s compositions and recordingsin TikTok and Instagram posts. Warner also sued DSW’s parent company, Designer Brands Inc.
Warner is seeking statutory damages up to the legal limit of $150,000 per infringement of each musical work.
Warner contends that within the videos on Instagram and TikTok are musical works by Ed Sheeran, The Weeknd, Cardi B, Lizzo, Madonna, Missy Elliot, and others.
Warner states in its lawsuit that among the musical works that were allegedly infringed by DSW are “some of the most popular sound recordings and musical compositions in the world.”
In recent years, influencer marketing has become one of the best types of digital marketing. Warner contends that the musical works were infringed in social media posts by “using these musical works to attract attention to the DSW videos, drive sales to DSW, and build DSW’s brand awareness and profile.”
Warner’s complaint also states that “during its 55-year history, DSW has repeatedly licensed music for promoting its brand and
products in television commercials” and that DSW also has “Licensed music for its commercials from WMG in the past.”
Warner goes on to allege that the defendants have “extensive experience with music licensing,” but did not seek or receive permission to use the songs on its own social media videos and for its social influencer campaigns.
It appears Warner will contend that DSW intentionally committed copyright infringement. Civil penalties for copyright infringement include statutory damages ranging from $750 to $30,000 per work infringed. That can be increased to $150,000 for willful infringement.
Of course, copyright law permits the personal use of music. But courts have held that paid social influencer campaigns do not constitute personal use and must be licensed from the rights holder. For instance, as Warner’s lawsuit mentions, Bang Energy “was found liable for copyright infringement in two different lawsuits due to the same type of copyright infringement.”
There have been many other recent lawsuits involving the use of music in social media campaigns. For instance, various music companies have pursued social media copyright lawsuits against Chili’s, the University of Southern California, NBA teams, and Crumbl Cookies.
From the contents of the complaint, it certainly appears that Warner has a very solid case. It will be interesting to see what defenses DSW will raise.
GLENN LITWAK is a veteran entertainment attorney based in Santa Monica, CA. He has represented platinum selling re- cording artists, Grammy winning music producers, hit songwriters, management and production companies, music publishers and independent record labels. Glenn is also a frequent speaker at mu- sic industry conferences around the country, such as South by Southwest and the Billboard Music in Film and TV Conference. Email Litwak at gtllaw59@gmail. com or visit glennlitwak.com.
