Posted in Intellectual Property
A social media campaign can end while the legal risk keeps running. Sony Music Entertainment’s newly filed lawsuit against The Kroger Co. and a number of affiliated businesses illustrates why companies should treat music clearance as an ongoing compliance task—not merely a box checked before a post goes live.
According to an August 24, 2026, report by Music Business Worldwide, Sony alleges that its sound recordings appeared without authorization in at least 392 social media videos associated with Kroger brands and paid influencers. The complaint was filed on August 21, 2026, in the U.S. District Court for the Central District of California.
These are allegations. Kroger has not been found liable, and the case may present factual and legal defenses that are not apparent from the complaint. Still, the filing offers useful lessons for businesses of every size that use music in branded content. For businesses using music, video, and other creative content in their marketing, a Chicago, IL intellectual property lawyer can help identify potential rights issues and develop strategies for protecting the business from future disputes.
A short license can create a long tail of risk
One allegation is particularly instructive. Sony says Kroger obtained a seven-week license in 2020 to use The Lovin’ Spoonful’s “Do You Believe in Magic?” in a holiday campaign. The license allegedly ran from November 13 through December 31, 2020. Sony claims that versions of the campaign video remained publicly viewable on social media well after that period, including a Ralphs post that was reportedly still accessible in August 2026.
The practical lesson is simple: permission to publish during a campaign does not necessarily include permission to keep the content available indefinitely. A license may limit the term, media, platform, territory, account, campaign, or manner of use. The contract—not the continuing availability of the “post” button—controls.
Prior licensing can matter
Sony also alleges that Kroger entered into at least 14 licenses for Sony recordings between 2017 and 2025. Sony cites that history as part of its argument that the alleged infringement was knowing and willful.
That does not resolve the issue, but it highlights an important point: a company’s own licensing history, internal review procedures, notices from a rightsholder, and conduct after receiving notice may all become relevant in a later dispute. Copyright compliance should therefore be documented, repeatable, and responsive—not informal or dependent on the memory of a single employee.
Influencer content is still brand risk
The complaint reportedly reaches beyond videos posted on company-controlled accounts. Sony also identifies content posted by paid influencers promoting Kroger-related businesses.
A brand should not assume that a creator’s access to a song through a social platform means the song is cleared for sponsored or commercial use. Platform music libraries may apply different rules to personal, creator, and business accounts. A sponsored post can also implicate more than one category of rights, including rights in the sound recording and the underlying musical composition.
Influencer agreements should address music and other third-party content directly. The brand should require the creator to use properly cleared material, retain proof of the license, obtain approval before posting, and promptly remove or revise content if a rights issue arises.
Five steps businesses should take now
- Inventory active and archived posts. Include brand pages, local or subsidiary accounts, paid influencer content, boosted posts, and older campaign videos that remain publicly viewable.
- Match each music use to written clearance. Record the song, recording, rights licensed, platform, account, territory, campaign, permitted uses, and license term. Confirm whether both the sound recording and composition are covered when necessary.
- Calendar expiration dates and removal obligations. Campaign closeout should include a legal-content audit. If the license does not authorize continued display, remove or replace the music by the deadline.
- Control influencer and agency workflows. Use contract terms requiring cleared music, supporting documentation, prepublication approval, cooperation if a claim arises, and removal rights.
- Preserve records and respond promptly to notices. Keep licenses, approvals, platform terms, screenshots, and takedown records. Escalate a rightsholder notice to counsel rather than allowing the same workflow to continue.
Why this matters even to smaller businesses
Large companies may generate more posts, but smaller businesses often have fewer formal approval controls. A marketing employee, outside agency, franchise location, or influencer may select a popular track in seconds without understanding the license restrictions. The resulting post can be copied, boosted, cross-posted, or left online for years.
The safer approach is not to avoid music. It is to build a manageable clearance process: know what rights the business has, document them, limit publication to the authorized scope, and remove content when permission ends.
Sony’s allegations against Kroger reinforce a basic copyright principle with a modern twist: digital content may feel temporary, but social posts can have a very long life. Businesses should make sure their licenses last just as long—or make sure the posts do not.
Source note
This article discusses allegations reported by Music Business Worldwide and contained in Sony Music’s complaint. The Kroger defendants have not been found liable. This post is for general educational purposes and is not legal advice.
Call Us Today
Does your business use music in social media advertising or influencer campaigns? The Patent Baron PLLC can help review licensing practices, campaign agreements, and intellectual-property risk before a post becomes a dispute.
