Warner Music takes Luxottica to court over 427 alleged unlicensed social-media music uses

Warner Music Group has filed a copyright lawsuit against Luxottica and several affiliated eyewear businesses, alleging that brands including Ray-Ban and Oakley used more than 427 Warner-controlled songs and recordings in social-media marketing without permission.

The complaint was filed on October 9 in the US District Court for the Southern District of New York. Defendants named in the case include Luxottica Group S.p.A., Luxottica of America, Oakley, Costa Del Mar, Eye Buy Direct and Chapter 4 Corp.

What Warner alleges

Warner’s legal team, Emery Celli Brinckerhoff Abady Ward & Maazel, says the companies repeatedly paired promotional videos with Warner-owned or Warner-controlled music without obtaining sync licences or paying licensing fees. The allegedly used catalogue includes works connected to Miley Cyrus, Led Zeppelin, Dua Lipa, Ariana Grande, Bruno Mars, Charli xcx and Fleetwood Mac.

The suit claims the brands continued using the music despite platform guidance from Instagram, Meta, TikTok and YouTube indicating that commercial use of copyrighted music requires a licence. Warner also alleges the infringement was wilful, which could increase the damages available if the claim succeeds.

According to the complaint, the music was described as an “essential and inseparable component” of the brands’ videos, helping drive product sales, audience engagement and brand visibility. Warner argues that the alleged unlicensed use denied the company, its artists and songwriters control over how and where their work appeared.

Who is involved

The case lists 23 plaintiffs, among them Atlantic Music Group, Warner Records, Elektra, 300 Entertainment and Warner Chappell Music.

Luxottica’s brands are said to have a combined social-media following of 36.14 million users. While Warner’s lawyers frame the action as being against EssilorLuxottica and its affiliates, the publicly reported court docket names Luxottica and five related entities rather than EssilorLuxottica itself.

Potential damages

Warner’s announcement does not state a specific damages amount. However, based on the maximum statutory damages of $150,000 per infringed work that Warner sought in earlier cases, the 427 works cited could theoretically expose the defendants to as much as $64.05 million.

That figure is a theoretical ceiling rather than an amount awarded or demanded in the Luxottica filing. Warner previously cited at least 290 works in its case against PacSun and at least 159 in its dispute with Crumbl.

A wider industry fight

The lawsuit is the latest move in a broader campaign by major music companies against brands using commercial tracks in social content without sync licences. Warner sued PacSun in December 2025, while its dispute with Crumbl was resolved through an agreement in principle in May, with financial terms undisclosed.

Universal Music Group and Concord filed a similar action against fashion brand Quince in April, while Sony Music has previously settled claims involving Marriott Hotels and the University of Southern California.

The central issue is whether brands can rely on music available in TikTok or Instagram’s in-app libraries for marketing. Music companies maintain that commercial accounts need separate sync licences, while some brands—such as DSW, which sued UMG, Sony and BMG—have argued that platform licences should cover their posts.

A ruling in Warner’s favour would reinforce the expectation that brands must clear music specifically for promotional use, rather than assuming platform access amounts to commercial permission. MBW reported that it had contacted both EssilorLuxottica and Warner Music Group for comment.