
Using trending music on Instagram and TikTok might come with a heavy price! What important lesson does the legal case between Sony Music and Kroger teach brand owners?
On August 21, 2026, Sony Music Entertainment filed a lawsuit against Kroger and a number of its affiliated companies in the federal court of the Central District of California. Sony claims that its copyrighted musical recordings were used without permission at least 392 times in social media advertisements, including videos on the brands' own accounts and by some influencers paid to promote them. These remain Sony Music's claims, not a final court ruling.
The significance of this news for marketers lies here: just because a song is available on TikTok or Instagram does not mean a brand can freely use it in commercial and advertising content. The right to use music in advertising is a separate issue and in most cases requires proper licensing. Sony even alleges that Kroger previously obtained at least 14 licenses from Sony between 2017 and 2025 to use its recordings in ads.
The problem doesn't end with the brand's own posts. The lawsuit also covers videos by paid influencers, meaning if a brand runs an Influencer Marketing campaign, the unauthorized use of music by the influencer can create legal risks for the campaign. Sony is seeking legal compensation and an injunction to stop the use of the recordings, alleging direct, contributory, and vicarious infringement.
The lesson for brands is clear: before using a song in a commercial video, don't just check if it's available on social media; check whether you have the commercial rights to use that music. A song that can be added to a video with one click does not become licensed advertising music with one click.













