Johnson & Johnson, the pharmaceutical giant, is facing a lawsuit over alleged copyright infringement in its social media marketing efforts. Associated Production Music (“APM”), a joint venture between Sony Music Publishing and Universal Music Publishing, has filed a lawsuit against the company for using unlicensed music in promotional videos posted on various social media platforms.
APM claims that Johnson & Johnson engaged in “rampant infringement” of its copyrighted music by using nearly 80 songs without proper licensing in videos distributed on YouTube, Facebook, Instagram, and X (formerly Twitter). The lawsuit alleges that Johnson & Johnson used 30 different APM songs across 79 social media posts without obtaining the necessary synchronization licenses.
Under federal copyright law, Johnson & Johnson could face substantial penalties if found guilty. The potential damages could amount to up to $150,000.00 per infringed work, resulting in a total of nearly $12 million for the 79 videos involved.
APM, which owns a catalog of over one million songs, asserts that it repeatedly contacted Johnson & Johnson regarding the unlicensed use of its music. However, the pharmaceutical company allegedly refused to obtain proper licenses or acknowledge any wrongdoing.
This case is part of a growing trend of lawsuits against large companies for using unlicensed music in social media promotional content. The lawsuit highlights the importance of proper music licensing for brands using social media for marketing. While most social media platforms have their own music licenses, these typically cover only user-generated content, not brand content. This means that companies must secure separate licenses for music used in their promotional videos, even when posted on social media.
As the case progresses, it will be closely watched by both the music and marketing industries. The outcome may serve as a cautionary tale for other brands to ensure they have proper licensing agreements in place for all copyrighted material used in their marketing efforts.