Judge tosses shoe retailer DSW’s preemptive copyright suit against Sony Music
A U.S. federal judge has dismissed Designer Shoe Warehouse's lawsuit seeking clarification that its use of music in social media marketing didn't violate Sony Music's copyrights. The retailer had claimed the tracks were properly licensed through agreements between record labels and social platforms. However, the court determined DSW filed the case preemptively to avoid Sony's own infringement lawsuit, and therefore the declaratory judgment claim should be resolved through Sony's separate California case instead.
The ruling reflects a broader enforcement campaign by major music companies against retailers using recordings without explicit licenses on TikTok and Instagram. Courts have consistently rejected companies' arguments that platform licensing agreements shield them from liability, establishing that such beliefs don't protect against copyright infringement claims. DSW continues to face similar lawsuits from multiple labels and Warner Music, which alleges the company used hundreds of unlicensed tracks across social media posts.
- Federal judge dismissed DSW's preemptive lawsuit against Sony Music, ruling it an anticipatory filing meant to avoid Sony's separate infringement case in California
- DSW claimed music in social media posts was licensed through platform agreements, but courts have rejected this defence as irrelevant to copyright liability
- The retailer faces ongoing infringement claims from multiple labels alleging unlicensed use of hundreds of recordings in social media marketing