Another day, another lawsuit in the music industry. This time, Drew Barrymore�s brand promotion has landed her in legal hot water over unlicensed music use.
Drew Barrymore is facing a lawsuit from the German music company INSTNCT for allegedly using an unlicensed track in an Instagram Reel promoting her cosmetics brand FLOWER Beauty. The lawsuit centers on the song �You Make Me Happy,� performed by My Sun And Stars, which was featured in a social media advertisement without securing the necessary permissions.
INSTNCT claims that Barrymore�s Instagram Reel, which remains available online, contains a promotional video for FLOWER Beauty synchronized to their track. According to the lawsuit, the defendants, including Barrymore, her company, and her business partner Maesa, �copied, publicly performed and distributed the work synchronized to a video advertisement without INSTINCT�s permission.�
The music company asserts that it possesses all rights to �You Make Me Happy,� a song co-written by Emma Patterson (My Sun And Stars) and Adam Specter. While platforms like Instagram have licensing agreements with the music industry, these only apply to user-generated content, not to commercial brand content.
Barrymore�s Instagram post, while on her personal profile, served as an advertisement for FLOWER Beauty products that were available through Walmart, a major U.S. supermarket chain. Since its launch in 2013, her brand has been promoted across various platforms, including her own daytime television show, �The Drew Barrymore Show.� However, FLOWER Beauty was discontinued last year when Maesa announced it would exit the color cosmetics category.
A spokesperson for Maesa previously praised Barrymore, stating, �we have been fortunate to have Drew Barrymore as a great founder partner and we are grateful for the incredible journey we have shared.� Now, that journey faces a legal challenge. INSTNCT is seeking substantial damages from all defendants involved, holding them liable for copyright infringement.