Sony Music drops music suit against Gymshark
Sony Music has agreed to drop a lawsuit against fitness apparel company Gymshark, which it had claimed had misused its songs in social media video ads.
The music publishing giant sued Gymshark in July last year, alleging that the company misappropriated copyrighted music from artists such as Beyoncé, Britney Spears and Travis Scott in its social media videos.
Gymshark promoted its products through videos uploaded to social media sites including TikTok, Facebook, and Instagram, which happen to feature copyrighted music used without Sony’s permission.
The fitness apparel’s account managed to build a following of more than seven million followers across the various social platforms, and more than 60 million if the brand’s influencer partners are also counted.
Through this method, Sony alleged Gymshark had misappropriated “hundreds” of its “most popular and valuable sound recordings” in these videos.
“While these social media ‘commercials’ have been instrumental to Gymshark’s success, Gymshark has not paid for the privilege to use the sound recordings that are featured in them,” Sony claimed.
Sony Music accused the company of copyright infringement, contributory infringement through its third-party influencer partners, and vicarious infringement.
It sought a preliminary and permanent injunction against Gymshark and up to $150,000 in damages for each case of infringement.
However, in a stipulation of dismissal filed with the US District Court for the Central District of California on January 25, Sony Music agreed to drop the lawsuit.
It also requested that each party bear its own costs, expenses and attorney’s fees.
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