Warner Music Group (WMG) recently filed a copyright infringement lawsuit in Utah against Crumbl Cookies, accusing the dessert brand of using more than 150 copyrighted songs—including tracks by Taylor Swift, Beyoncé, Ariana Grande, Bruno Mars, and Coldplay—in TikTok and Instagram videos without authorization. WMG seeks a jury trial, a permanent injunction, and statutory damages that could total up to $150,000 per violation. With 159 alleged instances of infringement, the potential damages could near $24 million.
The root of the issue lies in a common misconception: just because a platform lets you add popular music to a post doesn't mean you have the rights to use it for commercial purposes. While everyday users can access tracks through tools on platforms like TikTok or Instagram, those permissions typically don't cover branded content. This gap—between what platforms make possible and what the law allows—is where many brands get tripped up. Some platforms offer specific commercial music libraries, but those are not without their own challenges. And while securing licenses directly from rights holders can be the safest route, it's often costly and operationally impractical for marketing teams looking to move at the speed of culture.
The problem is, the Crumbl case isn't an isolated incident—it's one of many recent suits brought by music companies against brands over unlicensed use of songs on social media—and it's not an issue brands can afford to ignore. Warner Music Group, for instance, previously sued Bang Energy over similar conduct, including over posts from the brand's influencers. Other labels and publishers have followed suit, with a steady stream of new cases reinforcing a clear message: rights holders are stepping up enforcement across platforms.
In light of this trend, brands and agencies should reassess how they incorporate music into social content and make sure their teams understand what's permitted. A bit of upfront education and clear internal guidance can go a long way in avoiding costly legal risk.
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