USC Faces the Music: Sony Music Sues USC for Unauthorized Use of Sound Recordings in Social Media

The lawsuit alleges that USC has repeatedly used Sony Music’s sound recordings in hundreds of social media posts, without securing the necessary licenses, despite being consistently notified of this unauthorized use since 2021.

The complaint emphasizes the prominence of USC’s athletic program, which boasts one of the most popular social media presences in college sports. In September 2024, USC’s football program led college athletics in digital engagement, amassing 21 million video views across all social media platforms. USC has been accused of using popular songs from Sony Music’s catalog, such as hits by Britney Spears, AC/DC, and Celine Dion, to enhance their promotional videos. The lawsuit accuses USC of strategically leveraging Sony Music’s sound recordings to boost social media engagement and increase revenues from advertising, sponsorships, ticket sales, and merchandise.

Sony Music argues that USC’s actions were willful, as the university continued to use the sound recordings even after being notified of the unauthorized use. The lawsuit alleges that USC posted over 250 videos featuring more than 170 unlicensed Sony Music sound recordings across dozens of USC social media accounts. In August 2024, Sony Music and USC entered into settlement discussions, in which both parties agreed to toll the statute of limitations. Sony Music claims that during this time, USC refused to remedy the alleged infringing activity and declined to extend the tolling agreement further, which prompted Sony Music to bring the lawsuit.

Sony Music further argues that USC’s actions have caused irreparable and substantial harm, as the alleged infringement has “enrich[ed] USC at the expense of Sony Music and its artists.” Sony Music is seeking statutory damages of $150,000 for each alleged willful infringement of its copyrighted work. Sony Music has accused USC of 170 instances of willful infringement. If Sony Music is successful in obtaining the highest statutory damages amount under copyright law for willful infringement — $150,000 per work infringed — USC could be liable for over $25 million in statutory damages. Alternatively, Sony Music is seeking actual damages, which will consider the extent of USC’s unauthorized use of Sony Music’s sound recordings, the profits derived from such use, and the harm caused to Sony Music and its artists.

Takeaways

While the case is still in its early stages, this type of litigation underscores the potential legal ramifications of using unlicensed copyrighted materials. Universities, collegiate athletic programs, and other entities with digital engagement (or in-person programming) should be encouraged to evaluate the importance of securing licenses before using music, images, or videos in promotional content as well as any activities in which an entity does not own the intellectual property (IP). By implementing and enforcing internal usage policies that align with IP laws, entities can reduce potential legal liability, protect their financial interests, and reduce reputational risk. Should you have questions or wish to explore these issues further, please contact your AFS counsel or any of the authors.