Copyright Meets Campus: Sony Sues USC for Unlicensed Music on Social Media
April 2, 2025Colleges and universities were recently reminded about the legal risks of using unlicensed copyrighted music in social media content. On March 11, 2025, Sony Music Entertainment (“Sony Music”), along with seven other record labels, filed a copyright infringement suit in New York federal court against the University of Southern California (“USC”).[1] The complaint alleges that USC used Sony Music’s copyrighted songs without permission in numerous videos that promote USC’s sports program across USC’s TikTok, Instagram, YouTube and Facebook accounts.[2] While social media is an effective tool to market an institution’s brand, athletics, and other programs, this case serves as a caution to colleges and universities about legal trouble that could result from failing to follow copyright laws on their social media.
USC’s Allegedly Infringing Content
Sony Music is a giant in the recorded music industry and “home to some of the world’s most distinguished record labels” such as Columbia Records, RCA Records, Arista Records, Ultra Records, and more.[3] By contracting with world-class recording artists, Sony Music is able to produce, manufacture, distribute, sell and license “some of the most iconic and popular sound recordings of all time.”[4] In Sony Music’s suit against USC, the complaint describes the Trojans, USC’s intercollegiate sports team, as “one of the most lucrative college sports programs in the world.”[5] Sony Music claims that because USC “recognizes the importance of music to its marketing strategy,” USC intentionally paired its videos with Sony Music’s well-known copyrighted works to enhance its brand, promote its sports teams, and increase its revenues.[6]
Specifically, USC has been accused of posting—across 30 of their social media accounts—over 250 videos which infringe more than 170 songs Sony Music claims to own as copyrighted work.[7] Among those Sony Music songs are classic hits including “Gimme More” by Britney Spears, “Beat It” by Michael Jackson, “September” by Earth, Wind and Fire, “Run the World (Girls)” by Beyoncé, “Back in Black” by AC/DC, “As It Was” by Harry Styles, “My Heart Will Go On” by Céline Dion, and many more.[8] According to the complaint, since 2021, Sony Music has repeatedly notified USC of its infringing videos; however, USC continued to distribute infringing content “without permission [and] without compensation to Sony Music and its artists.”[9]
“By using Sony Music’s copyrighted sound recordings without authorization, USC not only avoids paying licensing fees but also gains an unfair competitive advantage in attracting sponsors, advertising partners, fans and potential athletes and other students.”[10] As an example, Sony referenced a 2024 USC “hype” video promoting USC’s upcoming football season that was uploaded to USC’s social media accounts, which featured an unlicensed soundtrack of “Like That” by Future, Metro Boomin, and Kendrick Lamar, and generated over 100,000 views that boosted USC’s reputation as a “marquee sports program.”[11]
Three Claims for Copyright Infringement
There are three causes of action for copyright infringement asserted against USC: (1) direct copyright infringement for its alleged use of unlicensed Sony Music songs in violation of 17 U.S.C. §§ 106 and 501 of the Copyright Act; (2) vicarious infringement for its alleged failure to control and/or supervise the infringing social media content; and (3) contributory infringement based on alleged departmental activities and policies that fostered social media content for USC sports programs.[12]
Sony Music seeks statutory damages up to $150,000 per song infringed, or alternatively, actual damages that includes USC’s profits attributable to the infringement, in an amount to be proven at trial.[13]
Sony Music’s lawsuit against USC demonstrates the importance of colleges and universities obtaining proper licensing and authorization from copyright owners when using copyrighted works to promote their institution on social media. Even when a social media platform like TikTok enables users to easily find and use “sounds” for content creation, copyright protection may still exist over certain audio. When it comes to copyright law in social media, using a catchy song without a license could lead to legal blues.
Cullen and Dykman’s Intellectual Property team continues to monitor important developments in trademark and copyright law. Should you have any questions about this legal alert, please feel free to contact Ariel Ronneburger (aronneburger@cullenllp.com), Karen Levin (klevin@cullenllp.com), or Sharlene Cubelo (scubelo@cullenllp.com).
This advisory provides a brief overview of the most significant changes in the law and does not constitute legal advice. Nothing herein creates an attorney-client relationship between the sender and recipient.
Footnotes
[1] Sony Music Entertainment v. University of Southern California, No. 1:25-cv-02042 (S.D.N.Y. March 11, 2025).
[2] Compl. ¶ 75, 96, Sony Music Entertainment v. University of Southern California, No. 1:25-cv-02042 (S.D.N.Y. March 11, 2025).
[3] Id. at ¶ 37.
[4] Id. at ¶ 2.
[5] Id. at ¶ 49.
[6] Id. at ¶ 34, 52-61.
[7] Id. at ¶ 17.
[8] Id. at ¶ 59.
[9] Id. at ¶ 7-15.
[10] Id. at ¶ 45.
[11] Id. at ¶ 68.
[12] Id. at ¶ 97-122.
[13] Id. at ¶ 101.