Sony Music

TINA.org joined other consumer advocates including UC Berkeley Center for Consumer Law & Economic Justice and Consumer Action in filing an amici curiae brief in a case against Sony Music alleging it misleadingly represented that all songs on the 2010 posthumous Michael Jackson album entitled Michael were sung by Jackson himself when three of the songs were not.


Highlights

  • Joined amici brief in support of consumers
  • CA Supreme Court sides with consumers holding that Sony's statements are commercial speech

Timeline

2022
August 18

The California Supreme Court issues an opinion holding that Sony’s “album-back promise and video are commercial advertising making claims about a product” and not protected speech.

August 10

The parties in the case file a notice of settlement, the terms of which are not publicly disclosed.

May 24

The California Supreme Court hears oral argument in this case.

2020
December 11

TINA.org joins other consumer advocates including UC Berkeley Center for Consumer Law & Economic Justice in filing a friend of the court brief with the California Supreme Court explaining, among other things, the significant consequences of allowing a sophisticated corporation like Sony Music to shield itself from liability for promotional statements made to consumers about one of its music albums.

April 22

The California Supreme Court grants consumers’ petition to review the case.

2018
August 28

A California appellate court determines that because Sony lacked “personal knowledge” of the songs’ origins, the statements it made on the album cover and in the video amounted to the music company’s opinion and not actionable commercial speech.

2016
December 9

The California Superior Court where the case was filed allows allegations concerning Sony’s statements made on the album cover and in a promotional video to move forward.

2014
June 12

A lawsuit is filed in California state court against Sony Music Entertainment for allegedly misleadingly representing that all of the songs on the 2010 posthumous Michael Jackson album entitled Michael were sung by Jackson when, according to plaintiffs, three of the songs were sung by someone else.


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