Sony Music scores partial victory in copyright infringement lawsuit in opposition to Bang Power – Music Enterprise Worldwide


Final yr, Common Music Group and Sony Music Leisure filed separate lawsuits in opposition to Bang Power father or mother firm Important Prescription drugs over the alleged infringement of their music in social media advertisements.

In July, a Florida courtroom discovered that Bang had violated UMG’s copyrights by utilizing its music in social media advertisements with out permission.

This week brings information of the ruling in Sony Music’s lawsuit in opposition to Bang Power.

In line with an order issued by a Florida courtroom on Wednesday (September 14), and obtained by MBW, Sony Music’s movement for partial abstract judgment has been “granted partly and denied partly”.

SME initiated its authorized proceedings in opposition to Bang in August 2021. Common launched its personal proceedings in April 2021.

SME’s Important Prescription drugs lawsuit adopted one other copyright infringement lawsuit filed by Sony Music in July 2021 in opposition to UK-born health attire model Gymshark, additionally over the usage of copyrighted recordings in advertisements on platforms like TikTok and Instagram.

In line with the ruling printed this week, the defendants within the most-recent lawsuit, Bang Power, “have instantly posted at the very least 286 movies that embody the recordings at situation” on varied social media accounts throughout TikTok, Instagram, YouTube, Fb, and Triller.

The doc provides: “There aren’t any licenses from Plaintiffs to Defendants to commercially use the recordings.

“Nor are there licenses from Plaintiffs to any of the platforms that will allow finish customers of any of the platforms to make use of the recordings for industrial functions.”

The ‘Omnibus Order’ filed by a Florida courtroom this week, and signed by U.S. District Decide William Dimitrouleas, states that Bang has offered over 100 million models of its vitality drinks and generated over $1 billion gross income since 2017, making the model the third-largest promoting vitality drink within the US.

The submitting notes that “Bang’s success is backed by its advertising and marketing methods that attraction to its customers” and that the corporate spends “tens of hundreds of thousands of {dollars} yearly on its promotion by social media”.

Inside the doc, which you’ll be able to learn in full right here, the courtroom explains that it determined to grant Sony Music’s Movement for partial abstract judgment as to ‘Depend I’, on “the difficulty of legal responsibility on their claims in opposition to Defendants for direct infringement”, i.e. for movies posted instantly by Bang by itself channels.

On this primary rely, for direct infringement, the order says that Bang doesn’t “dispute that they’ve instantly posted roughly 264 movies using parts of Plaintiffs’ copyrighted works”.

Bang did attempt to dispute Sony’s “proof of direct infringement with respect to 22 of roughly 286 movies”, nonetheless.

The drinks firm argued that 22 of the movies function “remixes, comprise a distinct tempo, are sung by an artist totally different than the artist within the unique work that Plaintiff produced, aren’t a part of the uploaded video, are of a really brief length, and/or are unrecognizable within the video”.

The courtroom discovered the argument to be inadequate, noting that, “primarily based on the foregoing, it’s undisputed that Defendants instantly posted roughly 286 social media movies using parts of Plaintiffs’ copyrighted works, works neither Defendants nor the social media platforms have been licensed to make use of for industrial functions”.


On ‘Depend II’, Sony argued that Bang is liable “for contributory and/or vicarious copyright infringement” for movies posted by influencers containing Sony’s music.

The Courtroom addressed every of those arguments in flip and located that Sony is entitled to abstract judgment “as to the difficulty of legal responsibility on their claims in opposition to Bang for vicarious infringement, however aren’t entitled to abstract judgment as to the difficulty of legal responsibility on their
claims in opposition to Bang for contributory infringement”.

In line with the courtroom doc, on the latter declare, relating to ‘contributory infringement,’ Sony claimed that Bang is “answerable for contributory copyright infringement as a result of the undisputed information show that Bang knew or had motive to know of the Influencers’ infringements and in reality materially contributed to the Influencers’ infringements”.

Bang Power argued, nonetheless, “that information of the movies is just not the identical as information of the infringement and there’s proof from which an inexpensive juror might infer Bang fairly believed that the Influencers’ use of Plaintiffs’ copyrighted works was not prohibited”.

The Courtroom agreed with this argument and determined to not grant Sony abstract judgment for contributory infringement.


On the difficulty of Sony’s claims in opposition to Bang for “vicarious infringement”, for which Sony was granted a abstract judgment, the courtroom famous that “Vicarious infringement requires each a direct monetary profit from the direct infringement and the ‘proper and skill to oversee a celebration accountable for direct infringement’”.

Bang argued that Sony introduced “no proof that will have a tendency to determine that Defendants have any form of authorized proper, not to mention sensible skill, to cease influencers from posting the allegedly infringing movies”.

Primarily based on “undisputed materials information”, the courtroom disagreed with this argument. The courtroom additionally famous that “it’s obvious from the document that Bang earned a direct monetary profit from the infringement”.


Lastly, the courtroom denied Bang Power’s movement for abstract judgment. The Courtroom disagreed with Bang’s argument in its personal abstract judgment movement that Sony “can not present precise damages nor a causal relationship between the infringement and Bang’s earnings, and subsequently that Plaintiffs can not get well damages” beneath copyright legislation.

The courtroom mentioned that Sony has “submitted ample proof of a causal connection between the infringement and Bang’s earnings to outlive abstract judgment”.

It added: “Defendants’ arguments that these earnings are attributable to different elements could be extra correctly argued to the jury at trial. Furthermore, Defendants haven’t cited and the Courtroom is unaware of any authority requiring Plaintiffs to proffer an professional on causation to outlive abstract judgment.

“Accordingly, Bang has not proven that there isn’t a real dispute of fabric truth as to precise damages or causation and subsequently abstract judgment is because of be denied.”Music Enterprise Worldwide

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Final yr, Common Music Group and Sony Music Leisure filed separate lawsuits in opposition to Bang Power father or mother firm Important Prescription drugs over the alleged infringement of their music in social media advertisements. In July, a Florida courtroom discovered that Bang had violated UMG’s copyrights by utilizing its music in social media advertisements…