B.C. beauty brand battles music giant over social media copyright
Suva Beauty founder Shaina Azad announced the end of her company’s wild ride to international acclaim six months ago in a YouTube video that was met with a mixture of sadness and Reddit threads lamenting the loss of dazzling eyeshadow one fan called “a gamechanger.”
Azad — a Surrey-based makeup artist who cut her chops in film and TV — turned a passion for pigmentation into products carried in the world’s ritziest stores. But she said the bankruptcy of a major retailer and a family member’s health issues had “shifted her priorities.”
“And the world since then has continued to reveal its truths,” Azad told her followers. “And the time has now come for me to say goodbye.”
Nowhere does Azad mention a Federal Court battle that may turn out to be a lasting legal legacy for other entrepreneurs, influencers and creatives who rely on social media to make their marks.
Sony Music Entertainment Canada is pursuing Suva for millions allegedly owed for the unauthorized use of music by some of the world’s most popular artists in videos Sony claims Suva produced to build its brand.
Suva denies the claim, saying Sony doesn’t have the right to assert damages on behalf of performers like Beyoncé and Doja Cat and arguing any music used “did not comprise a substantial, vital or an essential part of the videos.”
“We’re a makeup brand,” Azad told a Sony lawyer during one deposition reviewed by CBC.
“Jingles don’t sell makeup. Makeup sells makeup.”
‘Smudge proof and transfer resistant’
According to Suva Beauty’s website, Azad started the company in 2015 — taking the name of her creation “from the vibrant and lush capital of Fiji.”
Suva’s signature product was a “smudge-proof and transfer resistant” ‘Hydra Liner’ that burst into public consciousness through the vibrant make-up artistry of the HBO teen drama Euphoria.
According to Sony’s notice of claim — Suva “largely eschewed traditional advertising,” relying instead on Instagram, Facebook, Twitter and TikTok “to promote its products and build its brand.”
The lawsuit takes aim at what Sony describes as videos pairing images of Suva’s products with at least 88 separate “commercially-released sound recordings” by artists like Travis Scott, Harry Styles and Miley Cyrus.
“The videos often depict Azad demonstrating SUVA Beauty products … In each case, the visual images are set to the soundtrack of an excerpt from a Sony Recording that generally runs the full length of the Infringing video,” the lawsuit says.
“Suva Beauty and Azad have used the Sony Recordings to enhance the appeal of Suva Beauty’s products and the commercial impact of the Infringing Videos, and thus to increase its sales and revenues.”
In separate legal proceedings, Sony claims damages could top $18 million.
The Colonel Bogey March
The lawsuit against…
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