Sony Music Sues Kroger Over 392 Unlicensed Uses of Songs in Social Media Ads

A 2020 holiday campaign featuring The Lovin' Spoonful's 'Do You Believe in Magic' was supposed to expire on New Year's Eve. Instead, Sony Music alleges, Kroger-affiliated brands kept the video live on their social media feeds for years—one version remaining viewable just four days before the label filed a sweeping federal lawsuit.[1][2]

Sony Music Entertainment, joined by nine affiliated labels, sued The Kroger Co. and 18 of its subsidiaries on August 21 in a Los Angeles federal court. The complaint accuses the grocery giant of using Sony's sound recordings at least 392 times without authorization across TikTok, Instagram, Facebook, and YouTube, as well as in influencer-promoted content.[1][2][4]

The alleged infringement spans a massive corporate footprint, naming regional banners like Ralphs, Mariano's, Harris Teeter, King Soopers, and Fred Meyer, as well as Kroger's meal-kit business Home Chef and its retail media network, 84.51 LLC. The unauthorized tracks read like a Billboard Hot 100 chart, featuring hits from Harry Styles, Mariah Carey, Miley Cyrus, Doja Cat, and Beyoncé.[1][2][4]

At the heart of Sony's argument is the claim that Kroger knew exactly what it was doing. The complaint points out that Kroger and its subsidiaries had entered into at least 14 separate licensing agreements with Sony between 2017 and 2025, explicitly covering internet and social media use. Sony argues this history proves the grocery chain was fully aware that separate commercial licenses are required for brand advertising.[1][2][4][6]

The distinction between personal and commercial use on social platforms remains a frequent trap for corporate marketing teams. While ordinary users can freely attach popular songs to their TikToks and Instagram Reels using the platforms' built-in audio libraries, brands cannot. Commercial entities must secure separate synchronization licenses to use copyrighted music in promotional content, even if they hire third-party influencers to create the posts.[2][3][4]

Sony is seeking statutory damages of up to $150,000 per infringed work, alongside a permanent injunction and costs. While some early reports multiplied the 392 alleged uses by the maximum penalty to project a $58.8 million exposure, legal analysts note that statutory damages are awarded per infringed work, not per individual post. Still, with tracks like Carey's 'All I Want for Christmas Is You' and OutKast's 'Hey Ya!' allegedly used at least a dozen times each, the financial stakes remain substantial.[2][3][4][6]

The label also claims it attempted to resolve the issue out of court. According to the filing, Sony first notified Kroger of the alleged infringement in June 2025 and repeatedly asked the retailer to enter a tolling agreement to facilitate settlement talks. Kroger reportedly refused, and Sony claims new unauthorized posts continued to appear as recently as mid-August.[1][2][4]

This lawsuit is not an isolated incident. It marks the fifth major action of its kind by record labels against prominent brands in under three years. Sony previously settled a massive suit against Marriott International over 931 alleged uses, while Warner Music Group and Universal Music Group have pursued similar claims against Crumbl Cookies and Quince, respectively. The message from the music industry is clear: the era of unchecked corporate music use on social media is over.[1][3][4]