As reported by Music Business World, in the realm of social marketing, Universal Music Group (UMG) has filed a lawsuit against the proprietor of the US Tex-Mex restaurant chain Chili’s, adding to the escalating number of legal actions related to unauthorized music usage.
The complaint, lodged in a federal court in Dallas on October 8th, alleges that Brinker International, the owner of Chili’s, “failed to pay… for the music that serves as the soundtrack for Chili’s social media ads” on platforms such as Facebook, Instagram, TikTok, and YouTube. The legal action asserts copyright violations on a variety of songs by artists including ABBA, Ariana Grande, Justin Bieber, Nicki Minaj, Shania Twain, Spice Girls, The Weeknd, Lana Del Rey, and Free’s All Right Now, among others.
As of mid-2024, Chili’s operated 1,214 locations in the US, with the majority being company-owned, and 344 locations outside the US, mainly franchises. Brinker reported a revenue of $4.42 billion for the fiscal year ending on June 26, 2024.
The complaint itemizes 38 recording copyright violations and 42 publishing copyright violations, potentially leaving Brinker accountable for up to $12 million in statutory damages under US copyright law.
The plaintiffs in the lawsuit encompass recording companies Capitol Records and UMG Recordings, and publishers Universal Music Corp., PolyGram Publishing, Songs of Universal Inc., Universal Music – MGB NA LLC, and Universal Music – Z Tunes LLC.
The complaint stated, “Brinker is well aware of [UMG] and their music catalogs and have obtained licenses for certain musical works, including as recently as 2023. Despite this history and knowledge, however, defendants used scores of [UMG’s] works without permission or payment.”
The alleged infringements were described as “willful,” and UMG contends that Brinker International, as a successful entity with multiple restaurant franchises and its own legal departments, failed to prevent the violations.
UMG’s complaint seeks a permanent injunction to halt Brinker’s businesses from using UMG’s music in both existing and future social media posts, along with damages “in amounts to be proven at trial.”
Coincidentally, the lawsuit was filed on the same day that Sony Music Entertainment and Marriott International withdrew a copyright infringement lawsuit over unauthorized music usage in the hotel chain’s social media posts. Details about any potential out-of-court settlement were not disclosed.
These legal actions reflect a trend of increasing lawsuits related to unauthorized music usage in the world of social media.
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