Warner Music v. PacSun: 290 works and a letter that came first
Short answer
On December 1, 2025, 15 Warner Music Group companies sued PacSun in California, alleging the youth fashion retailer used at least 290 recordings and compositions without licenses in TikTok and Instagram videos, including influencer content it paid for or reposted. Warner says it sent a cease-and-desist letter on February 13, 2024, and that PacSun kept using existing videos and posted new ones. At $150,000 per work, the theoretical maximum is over $43 million. The case is open; these are allegations.
What Warner alleges
The complaint, filed on December 1, 2025, names Pacific Sunwear of California, LLC, the privately owned retailer with about 350 US stores (Music Business Worldwide; Bloomberg Law; CMU). The 15 plaintiffs include Atlantic Music Group, Warner Records and Warner Chappell Music, so the claims cover both recordings and compositions.
Warner alleges PacSun "misappropriated at least 290" works on its TikTok and Instagram accounts. The complaint also mentions YouTube and X as platforms PacSun uses and puts its combined social following above 5.1 million. Artists named include Dua Lipa, Bruno Mars, Lizzo, Cardi B and Ariana Grande.
Warner seeks statutory damages of up to $150,000 per work. Across 290 works, that ceiling is above $43 million. As always, that's a theoretical maximum, not a likely outcome.
Influencers, paid and reposted
According to the complaint, PacSun both makes its own videos and reposts videos by influencers, who are paid or otherwise rewarded for promoting the brand. That's a typical youth retail model: try-on hauls, back-to-school drops and creator collaborations, all cut to whatever is popular that month. It also means music decisions are spread across an in-house team, an agency and dozens of creators.
The cease-and-desist
The most important detail for other brands is the timeline. Warner says it sent PacSun a cease-and-desist letter dated February 13, 2024. The complaint alleges PacSun kept exploiting existing videos and posted new ones for months afterward. The lawsuit came about 21 months after the letter.
That gap matters. Continuing to use content after being told it infringes is the backbone of a willfulness argument, and willfulness is what raises the statutory ceiling from $30,000 to $150,000 per work. It also makes settlement harder: the brand starts from a weaker position.
Status
As of October 2026 we haven't seen a reported ruling or settlement. PacSun's response to the complaint wasn't reported at filing. Warner has since sued Luxottica over 427 works, citing PacSun and Crumbl as comparable cases. The lawsuit tracker has updates.
Lessons for retailers and fashion brands
- A letter is a deadline. If you receive one, involve your lawyer, preserve records, and stop using the content in question. Don't let the posts sit.
- Check what you repost. Influencer videos you share on your account become your content.
- Gifted and affiliate creators count. "Otherwise rewarded" covers more than cash. Free product and commission arrangements are still marketing relationships.
- Retail calendars are music-heavy. Back to school, holiday, summer: every seasonal push brings a wave of trend-driven video.
- One complaint covers every platform. TikTok and Instagram are the focus, but YouTube Shorts and X were mentioned too.
A scenario for a retailer that's had a letter
A footwear retailer receives a letter from a label's lawyers listing 40 TikToks. The marketing team deletes those 40 and moves on. Nobody checks the other 600 videos on the account, the Instagram Reels, or the creator posts the brand boosted. Six months later the label's lawyers send a second list with 120 posts, many still live, and a draft complaint.
The better response is an inventory: every post on every platform that uses the label's catalog, which ones are still live, and which are boosted. Then fix them all at once, with your lawyer guiding what to preserve. That turns a growing problem into a closed one. Our guide to what to do after a copyright letter covers the first steps.
Questions a retail marketing team should be able to answer
If a label wrote to your brand tomorrow, these are the questions your lawyer would ask first. Most teams can't answer them quickly, which is the real problem.
- How many accounts post in our name? Main brand, regional, store and outlet accounts, and any sub-brands.
- Which posts use commercial songs? Not just the ones labelled with a song name. "Original sound" and reposts count too.
- Which of those are still live, and which have been boosted? Paid placement raises the stakes.
- Which creators did we pay, gift or give commission to? And what did their contracts say about music?
- What have we already been told? Any earlier letters, platform notices or muted videos.
Having those answers ready doesn't just help in a dispute. It's also how you spot the problem before anyone else does. A check every quarter, plus a rule for creators and editors, keeps the list short.
What PacSun's case adds to the picture
Each brand case adds a detail. Marriott showed location accounts are the brand's problem. Bang Energy showed brands can be liable for influencer posts. Kroger showed licenses expire. Quince showed reposts can add risk. PacSun's contribution is the cost of waiting: a letter that, by the complaint's account, didn't change behaviour.
Put together, the cases describe one playbook for brands: know every account, check what's live and what you boost, put music rules in creator briefs and contracts, track license end dates, and treat any letter as a reason to fix everything, not just the posts it names.
Common questions
When did Warner sue PacSun?
December 1, 2025, in California.
How many songs are in the PacSun lawsuit?
Warner alleges at least 290 recordings and compositions.
Did PacSun get a warning?
Warner says it sent a cease-and-desist letter dated February 13, 2024, and that PacSun kept using and posting videos afterward.
Does the PacSun case include influencer posts?
Yes. The complaint says PacSun reposts influencer videos and that influencers are paid or otherwise rewarded for promoting the brand.
Has the PacSun case settled?
Not as of October 2026, based on public reporting. The claims are allegations.
Part of: Lawsuits and claims
Related guides
General information, not legal advice. Platform rules and licenses change; check the current terms or ask your lawyer about your situation. Lawsuit figures are as reported and represent claims, not findings, unless noted.