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Kroger asks court to dismiss Sony Music’s social media ads lawsuit, citing Supreme Court’s Cox ruling
Kroger has asked a California federal court to dismiss Sony Music’s copyright lawsuit, which alleges the supermarket group used Sony recordings without permission in social media adverts. The case matters because Kroger is challenging how Sony has identified the owners of the recordings and whether the companies can be held responsible for music used in posts by brands and paid influencers.
Sony and nine affiliated labels sued Kroger and related companies in August, alleging at least 392 unauthorised uses. Kroger’s motion argues that the complaint does not link each recording to an owner, disputes California jurisdiction over eight defendants, and says Sony has not shown that Kroger caused infringement; it cites the US Supreme Court’s March ruling in Cox v. Sony. The defendants also ask the court to require Sony to provide more specific claims if it does not dismiss the case.
In short
- Kroger seeks dismissal of Sony Music’s copyright lawsuit.
- Sony alleges at least 392 unauthorised uses in social media videos.
- Kroger disputes ownership details, jurisdiction and liability.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Kroger’s position is that a copyright case should identify which claimant owns each recording and explain how each defendant caused an unauthorised use. Requiring that detail, and a proper basis for jurisdiction, helps prevent companies from facing broad claims without a clear opportunity to answer them; the Cox ruling may also limit liability where a company did not itself cause the infringement.
The case against
Sony’s strongest case is that its complaint alleges hundreds of uses of its recordings in commercial advertising, potentially involving both Kroger and paid influencers, and those uses warrant judicial scrutiny. It can argue that ownership and responsibility are matters to establish through the case, and that dismissing or narrowing the claims at this stage could make it harder for rights holders to enforce copyright when brands benefit from music in promotional content.
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