Epidemic Sound has filed a second copyright infringement lawsuit against Facebook parent company Meta, alleging that the tech giant continues to infringe the music company’s catalog across Facebook, Instagram and WhatsApp.

The new complaint, filed in the US District Court for the Northern District of California on Tuesday (December 2) and obtained by MBW, lists 1,000 representative works that Epidemic alleges Meta is infringing through its Audio Library and through tools including Original Audio and Reels Remix.

Stockholm-headquartered Epidemic, whose catalog includes over 50,000 works, noted in the filing that each of the 1,000 works listed in the new complaint were registered after Epidemic filed its first lawsuit against Meta in July 2022, which remains active before Judge Jacqueline Scott Corley in the same court. That case sought at least $142 million in damages.

The Swedish music company is seeking statutory damages of up to $150,000 per work infringed as part of the new lawsuit, meaning potential damages could reach $150 million based on the 1,000 works listed. Epidemic is also seeking a permanent injunction, attorneys’ fees, and costs.

According to the complaint, Meta has been offering Epidemic’s works through its Audio Library, which the filing describes as Meta’s curated collection of music tracks made available to billions of users to exploit in connection with content posted on Meta’s platforms.

The lawsuit states that Meta also created tools such as Original Audio and Reels Remix that “allow its users to steal Epidemic’s unlicensed music from another user’s posted video content and synchronize Epidemic’s music with their own subsequent videos, resulting in exponential infringements on Meta’s platform.”

The complaint alleges that Meta has included at least 500 of the 1,000 works in its Audio Library and has “stored, reproduced, made available, and distributed these Works to its users without a license.”

“Meta has not secured a license from Epidemic for the use of its copyrighted music on its platforms or paid Epidemic or its artists a penny for the infringing uses of its music at issue herein,” the complaint states.

The filing also alleges that Meta has repeatedly refused Epidemic’s requests for access to a tool called Rights Manager for Music, which the company describes as a copyright management tool that helps rights holders identify, protect and monitor unauthorized use of music content on Meta’s platforms.

“Despite having been on notice of its infringement of Epidemic’s works, despite having been sued in July 2022 by Epidemic for infringement, and despite that the fact that Meta was actively and repeatedly infringing the representative works in the First Suit’s complaint even during the pendency of the suit, Meta’s infringement continues.”

Complaint filed by Epidemic against Meta

According to the complaint, while Meta allowed Epidemic to access Rights Manager Pro for video content, it has “repeatedly refused Epidemic’s requests for access to its rights management tool specifically designed for owners of music content.”

“Meta has withheld this tool from Epidemic, despite repeated requests for such access, leaving Epidemic without proper recourse or the ability to deal with the rampant infringement of the Works on Meta’s platforms,” the complaint states.

The lawsuit alleges that Meta threatened to restrict or revoke Epidemic’s access to Rights Manager altogether.

Epidemic’s complaint emphasizes that Meta has been on notice of the infringement for years, including through the first lawsuit filed in July 2022.

“Despite having been on notice of its infringement of Epidemic’s works, despite having been sued in July 2022 by Epidemic for infringement, and despite that the fact that Meta was actively and repeatedly infringing the representative works in the First Suit’s complaint even during the pendency of the suit, Meta’s infringement continues,” the complaint states.Music Business Worldwide