The case illustrates a hazard of sponsoring events.
The Grammy Award-winning singer-songwriter alleged that “though it had no permission to do so and never even asked for such permission, Defendant MillerCoors USA LLC wrongfully misappropriated the” love song, “I’m Yours,” as well as Mraz’s voice and image in an Instagram advertisement promoting Coors Light beer.”
Mraz, in his complaint, said that “due to the family-friendly nature of the song, Mraz has never licensed the composition for use by alcohol companies or other adult-centered products and would never do so.”
The song was performed at the BeachLife Festival in Redondo Beach, Calif., on July 4, 2019. MillerCoors was a sponsor of the festival, and, the complaint alleges, posted an advertisement containing about “13 seconds of a video recording of Mraz’s performance of I’m Yours at the Festival and also … Mraz’s image.
“Superimposed over portions of the infringing advertisement is a logo for Coors Light stating, “Presented by Coors Light.” During another part of the ad, a can of Coors Light “is prominently displayed.”
The complaint alleges the advertisement “also states in the comments section below the video: ‘Kicking off summer with the World’s Most Refreshing Beer at the Beach Life Festival.”
Mraz’s attorneys contacted MillerCoors, the complaint says, but the brewer “failed to acknowledge they were required to obtain Mraz’s permission and have never acknowledged the wrongfulness of the use.”
Responding to the lawsuit, MillerCoors said it had removed the post. “MillerCoors contracted the rights to the BeachLife Festival and video assets through the event’s promoter, so if they truly feel there has been a violation here, we are not the party they should be suing,” the company said in a statement.”
Commenting on the lawsuit, Po Yi, an attorney with the Manatt law firm, said:
“The complaint raises an important issue for advertisers that sponsor events when they use content obtained from the event organizers. They should make sure the sponsorship agreement puts the burden on the event organizer to provide fully cleared content, and also confirm before they use the content that all third-party rights have been in fact cleared for the sponsors’ intended use, especially where music is involved.”