Bang Energy’s social-media ads violate Sony Music copyrights, judge says

A logo of Sony Corp is pictured on a glass case reflecting the company’s Walkman series, which are portable music players, at the lobby of the company’s headquarters in Tokyo February 9, 2012. REUTERS/Yuriko Nakao

Sept 15 – Social-media ads from energy-drink maker Bang Energy infringe Sony Music Entertainment’s copyrights in over 200 recordings by musicians including Beyonce, Bruce Springsteen and Michael Jackson, a Miami federal judge ruled Wednesday.

U.S. District Judge William Dimitrouleas’ pretrial decision for Sony Music on some of its claims follows his ruling for Universal Music Group in July on similar allegations over Bang Energy’s videos.

The companies and their attorneys did not immediately respond to requests for comment Thursday.

Sony Music sued Bang and its CEO Jack Owoc last year for allegedly posting at least 286 videos soundtracked by songs from its artists without permission. The label told the court that Bang has used an “aggressive and conspicuous” social media campaign to power its growth, especially on the popular short-video app TikTok.

Bang’s TikTok account has over 1.5 million followers, and TikTok videos with the #bangenergy hashtag have over 18 billion views.

Sony Music asked Dimitrouleas in July to rule that Bang’s videos infringed its copyrights and that it was liable for infringing videos it paid influencers to post.

Bang responded that Sony Music’s case was “replete with fatal evidentiary flaws.”

Dimitrouleas said it was “undisputed” that Bang used the label’s music without permission and found it liable for direct copyright infringement. He also said Bang was vicariously liable for videos posted by the influencers but declined to rule for Sony Music on related contributory-infringement claims.

The judge also rejected Bang’s fair-use defense and its argument that Sony Music was not entitled to actual damages or lost profits.

The case is Sony Music Entertainment v. Vital Pharmaceuticals Inc, U.S. District Court for the Southern District of Florida, No. 1:21-cv-22825.

For Sony Music: David Rose and James Sammataro of Pryor Cashman

For Bang Energy: Joseph Kohn of Quarles & Brady

(NOTE: This story has been updated with additional attorney information for Sony Music.)

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Bang Energy violated UMG music copyrights in TikTok ads, judge says

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