How Gymshark Became a Cautionary Tale: 297 Counts of Music Copyright Infringement

Gymshark's rise from startup to billion-dollar fitness apparel brand represents a social media marketing success story—until Sony Music Entertainment filed a lawsuit alleging 297 counts of copyright infringement that exposed the company to over $44 million in potential damages. The case serves as a cautionary tale about the legal risks lurking in influencer marketing strategies, viral content creation, and social media-first brand building when music licensing is ignored.

On July 15, 2021, Sony Music Entertainment filed a copyright infringement lawsuit against UK-born fitness apparel brand Gymshark in California federal court (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/). Sony's legal document claimed Gymshark "has achieved its success by infringing sound recordings and musical compositions belonging to a number of different content owners, including SME's, on a massive scale."

The lawsuit detailed that Gymshark had "largely eschewed traditional advertising" and instead promoted products in videos posted to Instagram, TikTok, and Facebook (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/). These videos "feature popular sound recordings as an integral part of the presentation." Sony Music stated that while these videos on social media platforms "have been instrumental to Gymshark's success," the company "has not paid for the privilege to use the sound recordings that are featured in them."

Sony's complaint alleged Gymshark "misappropriated hundreds of the most popular and valuable sound recordings in the market" (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/). Artists whose tracks were allegedly used without permission included Beyoncé, Britney Spears, The Chainsmokers, Justin Timberlake, A$AP Rocky, Travis Scott, Harry Styles, Usher, Noah Cyrus, and Calvin Harris—representing Sony's most commercially valuable catalog.

The lawsuit explained that many questioned videos were created by Gymshark itself, while others were created by influencers that the company partnered with (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/). These individuals post videos on their own pages "while at the same time providing them to Gymshark to repost on Gymshark's social media pages." This influencer partnership structure created direct infringement (Gymshark's own posts) and potential contributory or vicarious infringement (influencer posts facilitated or profited from by Gymshark).

Gymshark videos often specifically identified featured sound recordings, as Sony documented in complaint exhibits (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/). For example, one video identified Sony Music sound recording "July" performed by Noah Cyrus while also specifically calling out Gymshark-branded products with arrows pointing to the hat and shirt bearing the Gymshark name and stating "Look at the hat" and "Look at the top." This integration showed music was not incidental but central to marketing strategy.

Some Gymshark videos bore striking similarities to traditional television advertisements (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/). These videos, which Sony believed were created by Gymshark with professional grade technologies, featured shots of models wearing Gymshark products similar to traditional television commercials for athleticwear, set to Sony's sound recordings. This professional production quality undermined any argument that usage was casual or unintentional.

Evidence of willful infringement emerged from Gymshark's own licensing attempt. Sony claimed that late in 2020, Gymshark's Head of PR & Brand Partnerships Steph O'Neill approached the major music company to obtain a license to use a snippet of "The Flute Song" (by artist Russ) in a video featuring Gymshark athlete Ryan Garcia (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/). No license was obtained, but the track was still used, the lawsuit claimed.

Sony elaborated that "although this request reflected Gymshark's awareness that a license was required for use of Sony Music's sound recordings, and although Sony Music advised Gymshark that it would be willing to grant the license in exchange for compensation, Gymshark never signed a license agreement or paid a license fee to Sony Music, and instead used the sound recording without authorization and without compensating Sony Music" (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/).

This evidence proved particularly damaging. "Gymshark's infringement was clearly willful," Sony Music stated. "Among other things, the social media platforms on which Gymshark posted the infringing Gymshark Videos expressly state that users have no right to infringe music, particularly in connection with commercial activities" (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/). Knowing that licenses were required, being willing to pay for one license, but then systematically using hundreds of songs without licenses demonstrated intentional violation.

Sony Music demanded a trial by jury and sought statutory damages of up to the maximum amount of $150,000 per infringed recording (https://www.musicbusinessworldwide.com/sony-music-sues-1bn-valued-fitness-brand-gymshark-for-infringing-297-recordings-in-ads/). Attached to the lawsuit was Exhibit A documenting an "initial list of sound recordings" for which Sony alleged rights were infringed through inclusion in Gymshark videos. There were 297 recordings on the list, meaning that at $150,000 each, maximum total damages sought could exceed $44 million.

The case settled in January 2022, with Sony Music agreeing to drop the lawsuit against Gymshark (https://www.reuters.com/legal/transactional/sony-music-ends-copyright-fight-with-gymshark-over-social-media-posts-2022-01-26/). Settlement terms remained confidential, but the resolution likely involved substantial payment and implementation of music licensing compliance programs. Gymshark's settlement demonstrated that even well-funded brands valued at over $1 billion find fighting these cases less attractive than settling.

The Gymshark case offers multiple lessons for brands. First, social media-first marketing strategies create massive copyright exposure when music licensing is ignored. Gymshark's business model of eschewing traditional advertising in favor of social content amplified infringement counts across hundreds of posts. Second, influencer partnerships do not insulate brands from liability—companies can face contributory or vicarious infringement for influencer violations they facilitate or benefit from.

Third, platform availability does not equal permission for commercial use. Gymshark operated on platforms with music licensing deals but these covered only personal use. Fourth, evidence of licensing awareness transforms ordinary infringement into willful infringement carrying maximum statutory damages. Gymshark's attempt to license one song while using hundreds without licenses proved consciousness of obligation and deliberate violation.

Fifth, professional production quality undermines casual use defenses. Gymshark's videos resembled television commercials in production values, making them obviously commercial rather than personal expression. Sixth, viral marketing success attracts music industry scrutiny. Brands achieving massive reach through music-driven content become priority enforcement targets precisely because their success demonstrates music's commercial value.

For fitness brands, influencer-driven companies, and direct-to-consumer brands using social media as primary marketing channels, Gymshark's cautionary tale requires immediate attention. These business models inherently generate high content volumes across multiple creators, multiplying infringement opportunities. Without centralized music licensing policies and enforcement, each post creates potential statutory damages exposure.

Gymshark's experience shows that billion-dollar valuations and sophisticated marketing teams provide no immunity from copyright liability. The company's modern, social-first approach to brand building created exactly the circumstances most likely to generate massive infringement claims. For brands admiring Gymshark's marketing success, the cautionary tale is clear: replicate the engagement and creativity, but not the copyright infringement. Music licensing compliance must be foundational to social media strategies, not an afterthought addressed when demand letters arrive.