Sony Music Sues Kroger Over Alleged Use of Recordings in Social Media Advertising
There’s a new copyright lawsuit involving Sony Music and Kroger that raises some familiar questions around music licensing and social media advertising.
On August 21, 2026, Sony Music Entertainment and nine affiliated labels filed a lawsuit against The Kroger Co. and 18 related entities in the U.S. District Court for the Central District of California.
According to Sony’s complaint, it identified at least 392 unauthorized uses of Sony-controlled sound recordings in social media advertising connected to Kroger and its affiliated brands.
What Sony Says Happened
Sony alleges that Kroger and related companies used its recordings in social media content promoting stores, products, sales and other marketing campaigns.
The complaint identifies accounts connected to several Kroger brands, including Ralphs, Mariano’s, Harris Teeter, Fred Meyer, Murray’s Cheese and Home Chef.
Some of the recordings named in the complaint include:
Harry Styles, “Watermelon Sugar”
Mariah Carey, “All I Want for Christmas Is You”
OutKast, “Hey Ya!”
Bill Withers, “Lovely Day”
Harry Styles, “Golden”
Miley Cyrus, “Flowers”
Doja Cat, “Get Into It (Yuh)”
Eurythmics, “Sweet Dreams (Are Made of This)”
Sony says it identified at least 392 unique unauthorized uses.
That does not mean 392 different songs were involved. The complaint says some recordings appeared multiple times.
For example, Sony alleges that “All I Want for Christmas Is You” and “Hey Ya!” were each used at least 12 times.
Where the $58.8 Million Figure Comes From
You may have seen the $58.8 million figure mentioned in coverage of the lawsuit.
The calculation is:
392 alleged uses × $150,000 = $58.8 million
There is an important distinction here, though.
Under U.S. copyright law, statutory damages can reach up to $150,000 per infringed work when willful infringement is established. Sony’s complaint asks for statutory damages of up to $150,000 per infringed work.
The law does not simply assign $150,000 to every individual use of a recording.
Since the complaint refers to at least 392 alleged uses, rather than 392 separate copyrighted works, multiplying the two numbers does not establish what Sony will ultimately recover.
There has also been no $58.8 million judgment.
The $58.8 million figure is a calculation based on the number of alleged uses and the maximum statutory amount. Any damages would ultimately depend on the claims established and the remedies awarded by the court.
Music on Social Media vs. Music for Advertising
This is where the case gets particularly relevant to the music licensing side of the industry. A song being available through a social media platform does not automatically mean a brand has unlimited rights to use that recording in advertising.
There are also different copyrights involved in a piece of music.
The musical composition covers the underlying song, including elements such as the melody and lyrics.
The sound recording covers the particular recorded performance.
The U.S. Copyright Office treats these as separate copyrighted works.
When a commercially released recording is incorporated into an advertisement or other audiovisual content, licensing can therefore involve rights to both the composition and the specific recording.
The exact rights needed depend on the use and the agreements involved, but simply being able to add a song to a social media post is not the same thing as having negotiated commercial rights for an advertising campaign.
The Influencer Side
Sony’s lawsuit also includes content created by influencers.
According to the complaint, some of the disputed social media content came from influencers working on promotional campaigns for Kroger brands.
One example involves a 2022 TikTok promoting Kroger’s Home Chef brand that Sony alleges used Doja Cat’s “Get Into It (Yuh).”
Sony says Kroger worked with influencers through promotional campaigns and other marketing arrangements and alleges that some of this content used Sony recordings without authorization.
The complaint includes claims for direct, contributory and vicarious copyright infringement.
Those are claims made by Sony, and the court has not ruled on them.
The influencer aspect does, however, add another layer to the case because the content can involve the brand, the creator and the music rights holders.
The Expired License Example
Another example in Sony’s complaint involves The Lovin’ Spoonful’s “Do You Believe in Magic.”
Sony says it licensed the recording to Kroger for a 2020 holiday campaign.
According to the complaint, the license covered television, radio, internet and social media and ran from November 13, 2020 through December 31, 2020.
Sony alleges that versions of the campaign remained publicly available after the license period ended.
The complaint identifies versions associated with several Kroger brands, including City Market, Baker’s, Dillons, King Soopers, Fry’s Food Stores, Pick ’n Save and Ralphs.
Sony says one Ralphs version was still publicly viewable as recently as August 17, 2026.
The example is a good reminder that music licenses can have specific terms.
A license can define things such as the media, territory, duration and other conditions under which a recording can be used.
Having previously licensed a recording does not necessarily mean the rights continue indefinitely.
Kroger’s Previous Licensing Agreements
Sony also points to Kroger’s previous licensing history.
According to the complaint, Kroger entered into at least 14 licensing agreements with Sony Music between 2017 and 2025.
Sony says those agreements covered the use of Sony recordings in advertising, including internet and social media.
Sony cites these previous agreements as part of its argument that Kroger was aware of music licensing requirements.
The complaint says Sony first notified Kroger about the alleged infringement on June 30, 2025.
Sony then alleges that some of the disputed content remained online and that new allegedly infringing content was posted as recently as August 12, 2026.
Sony is using these allegations to support its claim that the alleged infringement was willful.
Whether those allegations satisfy the legal standard for willfulness is ultimately for the court to decide.
What This Case Shows About Music Licensing
The Kroger lawsuit is still developing, but the allegations cover several areas that come up regularly in commercial music use.
A social media campaign can involve multiple pieces of content, different accounts, outside creators and different music rights.
Licenses can also have specific terms that affect where and how long music can be used.
And when a commercially released recording is used in advertising, the rights associated with the recording and the underlying composition may both need to be considered.
Those details can become especially important when campaigns stay online for years or when content is created and distributed by third-party creators.
Where the Case Stands
Sony filed the lawsuit on August 21, 2026, and the case remains pending in the U.S. District Court for the Central District of California.
Sony is seeking damages and other remedies, including statutory damages of up to $150,000 per infringed work.
At this point, there has been no court finding that Kroger infringed Sony’s copyrights.
For now, the facts established by the filing are that Sony has brought the lawsuit, Sony says it identified at least 392 unauthorized uses of its recordings, and Sony is asking the court for damages and other relief under U.S. copyright law.
The case will now move through the court process, where the allegations and Kroger’s response will be considered.
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