Meta class action alleges company encourages users to steal music for video creation

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Meta music lawsuit overview: 

• Who: A federal judge in California ruled Meta Platforms must face claims brought against it by Epidemic Sound.
• Why: Epidemic Sound claims Meta encourages its Facebook and Instagram users to steal music when making videos on the platforms. 
• Where: The class action lawsuit was filed in California federal court. 

A federal judge in California has turned down Meta Platforms’ attempt to dismiss claims filed by Swedish label Epidemic Sound that the social networking company encouraged its Facebook and Instagram users to steal music when making videos. 

The judge determined Epidemic Sound had done enough to lay out their claims and the grounds for them and had pleaded “factual content” that allows the court “to draw a reasonable inference” that Meta is liable for the alleged misconduct. 

Further, the judge — who set a case management conference for January — ruled Meta’s motion to dismiss “improperly relies on materials outside the complaint,” including Epidemic Sound’s website information and pre-suit investigations. 

Epidemic Sound argues Meta encourages its Facebook and Instagram users to steal music and commit copyright infringement by using its Music Library, Original Audio and Reels Remix tools, Law360 reported. 

Meta accused of creating tools to enable Instagram, Facebook users to commit copyright infringement

Facebook and Instagram users can reportedly use the Reels Remix tools to both film and share videos or multiclip videos that Epidemic Sound argues often incorporate audio clips or music, according to the lawsuit. 

Epidemic Sound claims users are able to use the Original Audio feature, meanwhile, to either look through the music library to find artist-attributed music or use their own audio or music which is labeled as “original audio,” reports Law360. 

Meta is ultimately accused of creating its Original Audio and Reels Remix tools for the specific purpose of being able to commit copyright infringement, while allegedly refusing to grant Epidemic Sound its own “rights management” tool, reports Law360. 

A pair of consumers filed a separate class action lawsuit was filed against Meta in September, arguing the company intercepts, monitors and records the private web-browsing activity of Facebook users without their consent. 

Have you made a video on Facebook or Instagram using tools provided to you by Meta? Let us know in the comments. 

Epidemic Sound is represented by Ilene S. Farkas and M. Mona Simonian of Pryor Cashman LLP, and Adam S. Cashman and Evan Budaj of Singer Cashman LLP.

The Meta music lawsuit is Epidemic Sound AB, et al. v. Meta Platforms Inc., Case No. 3:22-cv-04223, in the U.S. District Court for the Northern District of California.

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