A primer for using music in marketing

Indoor cycling company Peloton pedaled into some legal trouble in March—to the tune of $150 million—when the brand was sued for trademark infringement by a group of music publishers representing the likes of Lady Gaga and Bruno Mars. For Peloton, which has made a name for itself by selling a fitness experience built on music, the lawsuit exemplifies a larger issue that newer brands face as they grow from scrappy upstart to seasoned marketer. “The small startups may get away with using music without a royalty for a couple of reasons: They’re unknown to musical artists or their publishing houses, or they’re just too small to be bothered with,” says Scott Rogers, a partner in the copyright and trademark litigation group at the law firm Ulmer & Berne. “But as companies grow, continued use of unlicensed music certainly has the potential to be a real problem for them.” When Peloton debuted seven years ago, it was relatively small and unknown. But the brand has exploded in popularity in recent years, investing more in marketing and introducing a new treadmill product as it prepares to go public this year. While it eventually removed classes featuring songs by the popular artists in question, it has also changed tactics, recently counter- suing the group of music publishers, alleging anticompetitive behavior. “Very often there’s a cavalier attitude toward licensing music, even though music is a big part of what they’re doing,” says Owen Sloane, partner in the... Continue reading at 'Advertising Age'

[ Advertising Age | 2019-05-15 00:00:00 UTC ]

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