The intersection of social media marketing and copyright law is fraught with challenges, particularly for brands that leverage popular music to enhance their visibility. A striking instance of this ongoing conflict has unfolded as Warner Music Group (WMG) took legal action against Crumbl, a cookie chain that has skyrocketed in popularity, allegedly using 159 of WMG's music tracks to promote its products on platforms like TikTok and Instagram. This case not only highlights the legal pitfalls of utilizing copyrighted materials but also raises questions about the evolving relationship between music and media in a digital landscape.
On April 22, 2025, Warner Music Group filed a lawsuit in a Utah District Court, accusing Crumbl of profiting from a substantial number of copyrighted songs without obtaining the proper licenses. With over 9.8 million followers on TikTok and 6.1 million on Instagram, Crumbl has used viral music in its marketing campaigns, which WMG claims constitutes “blatant, willful, and repeated copyright infringement.” The case sheds light on how companies navigate copyright laws in an age where music and social media go hand in hand.
Crumbl, co-founded by Jason McGowan and Sawyer Hemsley in 2017, has expanded from a single store in Logan, Utah, to over 1,000 locations globally. Prior to the lawsuit, Crumbl had been exploring a potential sale valued at approximately $2 billion, according to reports in January 2025. McGowan noted in a Wall Street Journal interview that the company's growth strategy emphasized social media engagement, a tactic that now seems to be mired in legal complications.
WMG's lawsuit specifies that Crumbl used an extensive catalog of music from high-profile artists, including Dua Lipa, Bruno Mars, and Taylor Swift, among others, without authorization. Specific examples from the suit include promotional videos synchronized with songs like “Blueberry Faygo” by Lil Mosey and “Butter” by BTS, demonstrating a clear breach of copyright laws.
The core of Warner Music's claims is grounded in the Copyright Act, which prohibits the unauthorized reproduction and distribution of copyrighted works. The company seeks up to $150,000 in statutory damages for each infringed work, potentially totaling nearly $24 million. Additionally, WMG seeks a permanent injunction to halt Crumbl's use of the music in question.
The lawsuit also highlights Crumbl's marketing strategy that involved partnering with social media influencers to amplify its reach. By offering "perks and rewards," the cookie company incentivized influencers to create promotional content that incorporated these unauthorized tracks. This technique of using influencers has become commonplace among brands seeking to navigate digital landscapes, yet it poses significant legal risks when copyright guidelines are overlooked.
The legal battle between WMG and Crumbl is just one instance in a long line of disputes between music companies and brands over copyright infringement on social media. Several notable cases have emerged over the past few years, signaling a growing enforcement trend among record labels:
Bang Energy: In 2022, both Universal Music Group and Sony Music secured judgment against Bang Energy for unauthorized use of music in its advertisements. This marked a turning point in how labels approached marketing infringement, leading to higher scrutiny of corporate practices.
Chili's and USC Lawsuits: Universal Music Group sued the owner of Texas-based restaurant chain Chili’s for similar infringements, while Sony Music took action against the University of Southern California for unauthorized music use. These instances mirror Warner Music's approach and underscore the tightening grip music companies are imposing on unauthorized usage.
The Crumbl lawsuit serves both as a cautionary tale for brands and a potential turning point for artists seeking to monetize their work in partnerships with corporate entities. Companies must tread carefully when leveraging popular music in marketing campaigns, as the repercussions of non-compliance with copyright laws can be financially devastating.
As music labels increasingly pursue aggressive legal actions, brands must adapt their marketing strategies. Companies like Crumbl could face scrutiny not just from competitors but also from a legal landscape that is growing more vigilant. For artists, this litigation could reinforce their rights and necessitate fairer compensation practices from brands benefiting from their work.
As the legal landscape becomes more complex, brands need to forge new relationships with musical artists and their labels, fostering a dialogue that ensures mutual benefit while respecting intellectual property rights. The emergence of new licensing partnerships and collaborations could redefine how brands monetize music in their marketing strategies.
While the outcome of the case will have significant implications for both WMG and Crumbl, it may also set precedents for future cases involving copyright infringement in social media marketing. The court's decision could establish clearer guidelines for how brands approach music use in advertising and promotions moving forward.
Warner Music Group alleges that Crumbl used 159 of its recordings in promotional videos posted on social media without obtaining the proper licensing.
Verdict aside, WMG is looking to recover up to $150,000 in statutory damages per infringed work, possibly amounting to nearly $24 million in total.
The case highlights the significant legal risks brands face when using copyrighted music without appropriate licensing. It may prompt brands to reassess their marketing strategies and seek clearer licensing agreements.
Yes, other prominent brands, such as Bang Energy and Chili’s, have faced legal challenges concerning copyright infringement in their marketing campaigns, signaling a heightened vigilance from music labels.
The litigation may reinforce artists' rights in copyright issues and ensure they receive proper compensation from brands utilizing their work in marketing strategies.
The ongoing developments in this case will undoubtedly continue to shape the dialogue between music intellectual property and corporate marketing initiatives, illustrating the intricacies of navigating these overlapping realms.
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