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FLORIDA RECORD

Monday, May 6, 2024

Sony sues cosmetic company over copyright violations

Federal Court
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FORT LAUDERDALE — Sony Music Entertainment says OFRA Cosmetics repeatedly infringed on its copyrighted music.

Sony Music Entertainment, Sony Music Entertainment US Latin, Ultra Records, LaFace Records, Records Label and Zomba Recording filed the lawsuit against OFRA Cosmetics and OFRA Cosmetics Holdings on Oct. 31 in U.S. District Court for the Southern District of West Virginia at Miami.

OFRA is a prominent beauty brand with international recognition and Sony claims OFRA has willfully and repeatedly committed copyright infringement.

Sony claims OFRA  achieved its social media success—amassing over 1.7 million Instagram followers—by unlawfully using copyrighted sound recordings and musical compositions in promotional videos. These videos, termed "OFRA Videos," serve as advertisements showcasing OFRA Cosmetics' products and often include popular Sony Music recordings as their soundtrack.

Sony claims OFRA Cosmetics, through its social media channels, exploits unlicensed sound recordings, benefiting from the commercial impact and popularity of copyrighted music. 

OFRA posted to reach millions of users, allegedly enhancing the appeal and influence of the brand, leading to substantial profits and was notified of the copyright infringement by Sony Music in a September 2022 letter but has refused meaningful discussions and continues its infringing conduct, according to the suit.

Sony is seeking a declaration that defendants have willfully infringed on Sony's recordings, a permanent injunction, statutory damages and pre- and post-judgment interest. It is represented by Matthew Triggs of Proskauer Rose in Boca Raton.

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