Sony Music Entertainment sues Gymshark in the US for copyright infringement
The plaintiff, Sony music entertainment (SME), filed a lawsuit for Direct copyright infringement, contributory copyright infringement and vicarious copyright infringement against a UK brand Gymshark. This brand is a fitness firm founded in 2012 by Ben Francis, and the approximate value is 1.3 billion after selling 21% stake to US-based General Atlantic last August.
Brief Facts of the Case:
Gymshark is a fitness firm, and through social media, i.e., TikTok, Instagram, and Facebook, it promotes itself by making videos of its brand. On 15th July the Sony music entertainment filed a complaint against Gymshark for using the sound recordings and musical compositions belonging to several different content owners”, including SMEs, “on a massive scale.” The sound recording on these videos is an integral part of the presentation stated by Sony music entertainment.
Another issue which Sony music entertainment showed was that the sound recordings and music used in Gymshark videos highlighted on Instagram, TikTok, etc., have been instrumental toGymshark’s success. Yet, no privileges have been paid to SME of the music featured in the videos. The lawsuit claims further that Gymsharkhas “misappropriated hundreds of the most popular and valuable sound recordings in the market.” Some artists whose tracks have allegedly been used without permission in Gymshark’s videos include Beyoncé, Britney Spears, The Chainsmokers, Justin Timberlake, A$AP Rocky, Travis Scott, Harry Styles, Usher, Noah Cyrus, and Calvin Harris.
The Gymshark has partnered with other influencers who make videos and post on their account, and at the same time, Gymshark reposts its videos on its account. Later Gymshark rewards these influencers with free product and monetary payment, sometimes tied to Gymshark’s sales of the product(s) featured in the influencer’s videos”.
According to Sony Music, Gymshark’s head PR, Steph O’Neil approached some music company last year for obtaining a license for the music-snippet of the Flute Song. However, they failed to obtain the license but the track was still available in Gymshark’s videos.
Later, Sony music advised Gymshark that they are willing to give a license in exchange for compensation. Still, Gymshark neither signed the license agreement nor paid the license fee and instead used the sound recordings without Sony Music Entertainment’s authorization.
Ratio Decidendi:
“Gymshark’s infringement was willful. Among other things, the social media platforms on which Gymshark posted the infringing Gymshark Videos expressly state that users have no right to infringe music, particularly in connection with commercial activities.”
Sony Music Entertainment has demanded a trial by jury and all the statuary damages of $150,000 per infringed recording. The total number of recordings that Gymshark has infringed in their videos is 297 recordings.
The final verdict of this case is still not out.
References: https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/
Author: Sweksha Beniwal, student at Vivekananda Institute of Professional Studies
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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