WMG sues Crumbl over unlicensed use of music in social media ads

In the complaint, filed on 22 April, WMG alleges Crumbl unlawfully used music by high-profile artists including Ariana Grande, Beyoncé, Bruno Mars, Dua Lipa, Lizzo, Mariah Carey and Taylor Swift, among others. The label claims these songs were used without proper licensing in order to enhance Crumbl’s brand presence and drive sales.

“Defendants have misappropriated at least 159 of the most popular and valuable sound recordings and musical compositions in the market, using those creative works to build [Crumbl’s] brand profile and drive massive sales… without any compensation to [WMG],” the lawsuit states.

WMG highlights several examples of alleged infringement, including a Crumbl promotional video for blueberry cheesecake cookies featuring Lil Mosey’s ‘Blueberry Faygo’, another using Coldplay’s ‘Yellow’ to market yellow sugar cookies, and a third promoting Kentucky butter cake with BTS’ hit ‘Butter’. The music used in the videos often features the most recognisable parts of the songs, such as hooks or choruses, and runs the full length of the clips.

In addition to producing and posting the videos directly, WMG claims Crumbl collaborated with influencers who received benefits such as payments and other incentives to promote the brand while using unlicensed music. These collaborations, the lawsuit alleges, were part of a deliberate strategy to amplify Crumbl’s online visibility through infringing content.

The lawsuit further states that Crumbl continued to post videos with unlicensed music even after receiving a cease-and-desist letter from WMG in 2023. In support of its claims of wilful infringement, WMG cites a January 2024 TikTok video in which Crumbl admitted, “We were gonna make a funny video to promote Mystery Cookie, but legal said we can’t use any trending audios.”

WMG is seeking statutory damages of up to $150 000 per infringed work, which could amount to a total of $23.85 million. The company is also seeking a permanent injunction to prevent any further use of its copyrighted content by Crumbl.

Founded in 2017 in Utah, Crumbl has grown rapidly and now operates over 1,000 locations globally, employing more than 29,000 people. According to Reuters, the company has been exploring a potential sale since January, with its valuation estimated at around $2 billion.