Sony Music Entertainment vs. Marriott International: A Case of Rampant Copyright Infringement

In a recent high-profile legal battle, Sony Music Entertainment (SME) has filed a lawsuit against Marriott International, the world’s largest hotel company by number of beds, for alleged widespread copyright infringement. The lawsuit, lodged with the US District Court for Delaware, accuses Marriott of willful infringement of Sony's sound recordings in numerous social media posts.

The Allegations

Sony Music's complaint, filed on May 17, 2024, details 931 instances of alleged infringements. Among these, 913 were attributed to social media posts by Marriott-owned, managed, or franchised hotels, and 18 were linked to social media influencers paid by Marriott. The list of artists whose works were allegedly used without permission includes Beyoncé, Harry Styles, Britney Spears, Mariah Carey, Michael Jackson, Miley Cyrus, Shakira, and Doja Cat.

The legal ramifications of these allegations are significant. Under US copyright law, Marriott could face statutory damages of up to nearly $140 million. Moreover, Sony Music suggests that these identified cases might only be the beginning, expecting to uncover more infringements during the discovery phase of the trial.

Background and Context

Sony Music asserts that Marriott was aware of the copyright issues as early as January 2020, having received multiple notices from SME. Despite initially entering tolling agreements, Marriott later refused to extend or establish new agreements, prompting the lawsuit.

The complaint emphasizes that Marriott's use of popular songs in social media posts was a deliberate strategy to boost the visibility and engagement of their promotions. The inclusion of trending songs and artists' names in posts, captions, and hashtags was allegedly designed to attract attention on algorithm-driven platforms like Instagram and TikTok.

Implications for Marriott

The lawsuit underscores the broader implications for Marriott and other companies using copyrighted music in their marketing efforts. Sony Music claims that Marriott frequently exploited popular recordings when they were trending, enhancing the posts' reach and engagement. For instance, a video featuring Beyoncé’s "Texas Hold 'Em" was posted by Marriott three days after the song debuted at number one on Billboard’s Hot Country Songs chart.

Historical Context

This isn’t Sony Music's first legal confrontation over the unauthorized use of its content. In 2021, SME sued Gymshark, a fitness apparel brand, for the unauthorized use of 297 recordings in its advertisements. The lawsuit was settled out of court in 2022. Additionally, in November 2023, SME sued OFRA, a cosmetics brand, for similar reasons, and this case is still ongoing.

Broader Industry Impact

The lawsuit against Marriott also reflects Sony Music's broader stance against the unauthorized use of its intellectual property. Recently, SME’s parent company, Sony Music Group, issued a firm warning to AI developers and music streaming services regarding the unauthorized use of its content for AI training. This proactive approach highlights the ongoing tension between content creators and new technologies.

Conclusion

The outcome of this case could set a significant precedent for copyright enforcement in the digital age. As social media continues to play a crucial role in marketing strategies, companies must navigate the complexities of copyright law to avoid substantial legal and financial repercussions. At Ed White Law, we will continue to monitor this case and its implications for the hospitality and entertainment industries, providing insights and guidance on navigating intellectual property challenges in an ever-evolving digital landscape.

For more information on how to protect your intellectual property or navigate copyright issues, please contact us at Ed White Law.