Sony Music sues Kroger over alleged unauthorized use of hundreds of songs in social media ads
Sony Music Entertainment and nine affiliated record labels have filed a lawsuit in federal court in Los Angeles against the U.S. retail chain The Kroger Co. and a number of its current and former affiliated companies, alleging that their copyrighted sound recordings were used for years in commercial social media posts without the required licenses. According to the court docket for case number 2:26-cv-09358, the lawsuit was filed on August 21, 2026, in the United States District Court for the Central District of California. In addition to Kroger, the defendants include companies associated with the Ralphs, Harris Teeter, Fred Meyer, Mariano’s, Murray’s Cheese, Home Chef and other retail businesses within Kroger’s broader corporate structure. Sony alleges in the lawsuit at least 392 separate unauthorized uses of its recordings on the official accounts of those brands and in promotional content by influencers who, according to the plaintiffs, were paid to promote Kroger’s products and stores. As of August 29, 2026, the court had not ruled on whether copyright infringement had actually occurred, and the allegations in the complaint currently represent claims by the plaintiffs that still have to be examined in the proceedings.
At least 392 disputed uses on brand and influencer accounts
According to allegations from the lawsuit reported by specialist media covering the music and legal industries, Sony documented the disputed uses in video posts promoting products, seasonal offers, stores and other commercial activities of Kroger and its affiliated brands. In some cases, the music allegedly appeared on the companies’ own official profiles, while in other cases it appeared in content created by creators and influencers engaged for promotional purposes. Sony claims that such use was not incidental but was part of an advertising message intended to make the content more attractive and recognizable to the audience. Among the artists whose recordings were allegedly used, the lawsuit mentions Mariah Carey, OutKast, Harry Styles, Bill Withers, Miley Cyrus, Beyoncé, Doja Cat, SZA and other artists from Sony’s catalog. It specifically states that recordings of Mariah Carey’s “All I Want for Christmas Is You” and OutKast’s “Hey Ya!” were each used at least 12 times, while other examples include Bill Withers’ “Lovely Day” and Harry Styles’ “Golden.”
The figure of at least 392 uses does not necessarily mean that 392 different songs were involved. According to the information available from the lawsuit, certain recordings were used multiple times, on different profiles or in different campaigns. This is also an important distinction for any potential calculation of damages, because U.S. copyright law provides statutory damages per infringed work rather than automatically per individual post or use. Sony is asking the court for damages, a permanent injunction against further unauthorized use of its recordings, reimbursement of costs and other legal remedies that the court may grant. The company claims that some of the alleged infringements were knowing and intentional, which is important because U.S. law allows significantly higher statutory damages for willful infringement under certain circumstances.
Sony claims Kroger was well aware of licensing rules
A central part of Sony’s argument concerns the claim that Kroger could not reasonably have believed that commercial use of music on social media did not require separate authorization. According to the lawsuit, The Kroger Co. entered into at least 14 licensing agreements with Sony Music between 2017 and 2025 for the use of Sony recordings in advertising, and some of those agreements expressly covered the internet and social media. Sony cites this history of business dealings as evidence that Kroger and its affiliated companies were aware that the availability of a song on a digital platform does not in itself constitute permission to use it in an advertising campaign. In other words, the question in this proceeding is not whether an ordinary user on a social network may select a particular song from the available music library, but whether corporate advertisers obtained the rights required for commercial use of a protected recording. This is precisely the distinction Sony wants to place at the center of the dispute.
One specific example cited by Sony is a license for The Lovin’ Spoonful’s song “Do You Believe in Magic” in Kroger’s 2020 holiday campaign. According to the plaintiffs’ allegations, the license was valid for seven weeks, from November 13 through December 31, 2020, and covered television, radio, the internet and social media. Sony claims that versions of the campaign remained publicly available after the license expired on the accounts of several Kroger brands, including City Market, Baker’s, Dillons, King Soopers, Fry’s Food Stores, Pick ’n Save and Ralphs. The lawsuit states that one video on Ralphs’ account was still available on August 17, 2026, more than five and a half years after the stated licensing period had expired. If those allegations are confirmed, that example could be important to Sony’s attempt to demonstrate that the disputed use was not the result of ordinary uncertainty about platform rules.
Warning in 2025 and posts that continued into 2026
Sony states that it first notified Kroger of the alleged infringements on June 30, 2025. According to the lawsuit, despite that warning, new disputed content continued to appear, and the most recent allegedly unauthorized post was recorded on August 12, 2026, only nine days before the lawsuit was filed. The record company also claims that it tried to negotiate a so-called tolling agreement, a legal arrangement that would allow both parties to discuss a possible resolution without the risk that certain deadlines for bringing claims would expire during negotiations. Sony claims that Kroger did not agree to such an arrangement and that the continuation of the disputed posts, combined with the failure to reach an agreement, led to the filing of the lawsuit. Kroger’s arguments regarding these allegations have not yet been publicly established in the court proceedings, so it is currently impossible to determine how the company will challenge Sony’s claims or what defenses it will raise.
For Sony, the issue of prior notice is particularly important because of its request that the alleged infringements be treated as knowing or willful. Under the U.S. Copyright Act, the ordinary range of statutory damages for one infringed work is from $750 to $30,000, while a court may award up to $150,000 per work if the rights holder proves and the court finds that the infringement was willful. This does not mean that Sony will automatically receive the maximum amount, nor that $150,000 can simply be multiplied by the 392 disputed uses. The ultimate financial impact depends on which works are included in proven infringements, the legal status of individual recordings and registrations, whether willfulness is established and which claims the court accepts. At this stage of the proceedings, no amount that Kroger would have to pay has been determined.
Large marketing budget also became part of the dispute
Sony also cites the scale of Kroger’s advertising business in the lawsuit. According to Kroger’s annual report filed with the U.S. Securities and Exchange Commission, the company recorded approximately $1.18 billion in advertising expenses in fiscal year 2025, which ended on January 31, 2026. Sony uses that figure as part of its argument that Kroger is an experienced advertiser with the resources and previous experience necessary to obtain music licenses. Nevertheless, the size of the marketing budget alone does not prove infringement; the court will have to base liability on specific evidence concerning rights, the manner of use and the role of the individual defendants.
In addition to direct copyright infringement, the lawsuit also includes claims of contributory and vicarious liability. Among other things, Sony is attempting to connect Kroger’s central corporate structure and its marketing functions with content posted by subsidiaries or paid influencers. Under U.S. copyright law, such forms of secondary liability may become relevant when a party did not necessarily personally commit every individual act but is alleged to have encouraged, enabled, supervised or benefited from another party’s infringement under conditions defined by case law. The extent to which such arguments will apply in this case will depend on evidence concerning who commissioned the content, who approved it, how much control Kroger had over affiliated companies and influencers, and what internal rules existed for the use of music. The mere fact of corporate affiliation does not automatically mean liability for every disputed post.
Why a song available on a social network is not necessarily “free” for advertising
The case raises a broader issue that has created risks for brands, marketing agencies and creators of commercial content for years. Social networks may offer users a large selection of music through agreements that the platforms themselves conclude with rights holders, but the scope of those rights does not necessarily have to be the same for private users, business accounts, sponsored posts, paid advertisements and influencer campaigns. When a well-known song is used in an advertising video, different rights may overlap, including rights in the musical composition itself and rights in the specific sound recording. Sony’s lawsuit focuses on rights in sound recordings controlled by Sony Music Entertainment and affiliated record labels. Therefore, the fact that a song is technically available in an app does not automatically resolve the question of whether a particular business user has permission to use it to promote a product or service.
For large companies, decentralized marketing presents an additional problem: numerous brands, local profiles, agencies and influencers may simultaneously create content under different procedures. The dispute therefore has significance beyond the music industry because it highlights the need for clear records regarding the duration of licenses, permitted platforms, territory and types of campaigns. A particular risk arises when a promotional video remains publicly available after a time-limited license expires.
The case fits into a broader record-industry campaign against unauthorized music in advertisements
Kroger is not the first large company against which Sony has brought proceedings in recent years over the use of music in social media content. Music Business Worldwide reports that Sony concluded its dispute with the Marriott hotel group in 2024, in which it alleged that its recordings had been used without authorization in hundreds of posts connected with hotels. In March 2026, Sony also reached a settlement with the University of Southern California in a dispute concerning music in posts by sports accounts. Other major record companies, including Universal Music Group and Warner Music Group, have also brought similar proceedings in recent years against retail, hospitality and fashion brands over commercial use of recordings on social media. What these cases have in common is the music industry’s effort to draw a clear distinction between consumer use of music within a platform and the use of the same music as an element of paid advertising.
For record companies, such cases also have broader business significance because licenses for advertisements and other audiovisual projects are an important part of the commercial exploitation of catalogs. Terms depend on duration, territory, platform and the reach of the campaign. Defendants in similar disputes, on the other hand, may argue that the use was permitted by contracts, platform rules or existing licenses. In the Kroger case, it will therefore be important to see what documentation concerning rights and marketing processes both sides present.
What comes next before the federal court in Los Angeles
According to the publicly available court docket, the plaintiffs in the case are Sony Music Entertainment, Alamo Records, Arista Music, Arista Records, LaFace Records, Provident Label Group, Records Label, Sony Music Entertainment US Latin, Ultra Records and Zomba Recording. The defendants include The Kroger Co. and a number of affiliated companies, including 84.51, Dillon Companies, Ralphs Grocery Company, Fred Meyer Stores, Fred Meyer Jewelers, Smith’s Food & Drug Centers, Roundy’s companies, Harris Teeter, Murray’s Cheese, Relish Labs and Vitacost.com. Vitacost is particularly notable because Kroger sold it to iHerb in January 2026, but Sony claims that the disputed videos were created while Vitacost was owned by Kroger and that some of the content remained available even after the sale. The case was filed as a copyright dispute, and Sony requested a jury trial.
The next stage of the proceedings is expected to include responses from the defendants, possible procedural motions, discovery and, if there is no settlement or earlier court ruling, further proceedings toward trial. At this time, it has not been officially confirmed whether the parties will attempt to reach a settlement, nor is it known whether Kroger will challenge ownership of individual recordings, the scope of the rights being claimed, Sony’s theory of secondary liability or other elements of the lawsuit. It is also important that the filing of the lawsuit does not mean that Kroger has been found liable. Sony will have to prove its claims, while the defendants will have the opportunity to present defenses and challenge the allegations. Until the court issues a ruling or the parties reach a legally binding resolution, the at least 392 disputed uses remain allegations in the lawsuit, not court-established infringements.
Sources:
- U.S. District Court / Justia - public information about the case Sony Music Entertainment et al. v. The Kroger Co. et al., the case number, filing date and parties (link)
- Music Business Worldwide - allegations from the lawsuit concerning at least 392 uses, previous licenses, the warning to Kroger, examples of songs and the legal remedies sought (link)
- Music Times - information about the affiliated companies named as defendants, the distribution of disputed posts and the status of the proceedings after the lawsuit was filed (link)
- U.S. Securities and Exchange Commission - Kroger’s annual report for fiscal year 2025 and the figure of $1.18 billion in advertising expenses (link)
- U.S. Copyright Office - provisions of Section 504 of the U.S. Copyright Act concerning statutory damages and a possible increase to $150,000 for willful infringement per work (link)