Musicbusinessworldwide.com
Epidemic Sound has suffered a legal setback in its ongoing copyright battle with Meta after a federal judge dismissed the company’s latest infringement lawsuit, while leaving the door open for the music platform to revise its claims.
On July 10, U.S. District Judge Jacqueline Scott Corley ruled that Epidemic Sound failed to adequately demonstrate that Meta had infringed any of the approximately 1,000 copyrighted works cited in its complaint. The lawsuit, filed in December in California’s Northern District, accused Meta of making the Stockholm-based production music company’s recordings available through Facebook and Instagram features, including the Audio Library, Original Audio and Reels Remix.
The court dismissed all six claims brought by Epidemic, covering allegations of direct, contributory and induced copyright infringement relating to both sound recordings and musical compositions.
Central to the ruling was the court’s finding that Epidemic had not identified specific examples of allegedly infringing content or shown how those works were substantially similar to its own catalog. Judge Corley noted that copyright plaintiffs are required to clearly identify the works at issue and explain how they infringe protected material.
Without a sufficiently pleaded claim of direct infringement, the court also rejected Epidemic’s secondary liability arguments, ruling that contributory and inducement claims cannot proceed unless underlying infringement has first been established.
Despite dismissing the case, Judge Corley permitted Epidemic to amend its complaint. The company has until August 14 to submit a revised filing that more specifically identifies the allegedly infringing works and demonstrates substantial similarity. The court also barred Epidemic from introducing additional claims or copyrighted works without prior approval, with a case management conference scheduled for September.
The lawsuit marks Epidemic’s second legal challenge against Meta. Its original case, filed in 2022, remains active before the same judge. In the newer complaint, Epidemic sought statutory damages of up to $150,000 for each of the 1,000 copyrighted works at issue, along with a permanent injunction.
