Utah-based Crumbl sued by Warner Music Group for copyright infringements in advertising

SALT LAKE CITY – Utah-based dessert company Crumbl, LLC is being sued by major music labels after they said the company used copyrighted songs in its advertising for years.

Crumbl is accused of using 159 “of the most popular and valuable sound recordings and musical compositions on the market,” including songs from popular artists and songwriters such as Dua Lipa, Taylor Swift, Bruno Mars and Beyoncé, according to the lawsuit.

The use of these audio recordings in promotional content on TikTok and Instagram violates copyright laws, the lawsuit said, and the company is now being sued for direct copyright infringement, contributory copyright infringement, and vicarious copyright infringement.

Despite successful advertising strategies, Crumbl had not paid music labels for their audio recordings.

Plaintiffs in the lawsuit include multiple related subsidiaries of Warner Music Group Corp., including Atlantic Recording Corporation, Atlantic Records Group LLC, Bad Boy Records LLC, Big Beat Records Inc., Elektra Entertainment Group Inc., Elektra Entertainment LLC, Rhino Entertainment LLC, Warner Music International Services Limited, Warner Records Inc., Unichappel Music Inc., W Chappell Music Corp., Warner Chappel music, Inc., and Warner-Tamerlane Publishing Corp., according to the lawsuit.

The lawsuit stated that music labels and their artists have the legal right to their work, and Crumbl violated that right, stripping the plaintiffs of revenue from their sound recordings.

The lawsuit cited the company’s use of social media to advertise their desserts, an untraditional, although successful, approach.

Crumbl, “is a highly successful gourmet cookie business, with over one-thousand owned or franchised stores nationwide,” the lawsuit said. “Crumbl has achieved its success by infringing Plaintiffs’ copyrighted sound.”

Aside from posting on its own social media accounts, the lawsuit noted the company’s partnership with social media influencers to promote their business, who also used copyrighted sounds on their videos.

“Critically, the Crumbl Videos frequently feature unauthorized use of Plaintiffs’ sound recordings and musical compositions–usually featuring chart-topping and award-winning artists–as a principal and indispensable element of the Crumbl Videos,” the lawsuit said.

Now, Warner Music Group is asking for up to $150,000 per infringed work for statutory damages, which could total at $23,850,000 plus attorney fees. Crumbl is also asked to stop working with social media influencers through the company’s ‘perks and rewards’ program.

Related: Crumbl v. Crave jury trial set for Jan. 2024, forensic examination ordered against Dirty Dough

Notice of copyright violations

In Aug. 2023, Warner Music Group Corp. sent Crumbl a cease-and-desist letter for videos using unauthorized sound recordings, according to the lawsuit.

“Yet, months after receiving the cease-and-desist letter, Crumbl not only continued to exploit many of the infringing Crumbl Videos, but also posted new infringing Crumbl Videos.”

In October 2023, Warner Music Group Corp. said six new videos violating copyright laws were discovered.

In January 2024, the company posted a video that appeared to acknowledge the copyright violations, but did not take action to remove the audio from existing videos.

Related: Department of Labor says 11 Crumbl locations including Utah’s, violated child labor laws

Crumbl responds

On Wednesday, KSL TV reached out to Crumbl for comment.

Crumbl is aware of the legal action initiated by Warner Music Group and is actively reviewing the matter. Crumbl respects the rights of artists and creators and will respond appropriately through the legal process. In the meantime, we remain focused on innovation, strengthening our community, and bringing friends and families together.

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