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Suva Beauty used pop songs in Instagram videos — Sony sued for $18M and the brand closed
Suva Beauty used unlicensed pop songs in social media videos. Sony claimed $18M in damages, and the Surrey indie brand shut down.
Suva Beauty · Sony Music Entertainment Canada · Morphe · 2024-03
What happened
Suva Beauty was a Canadian indie makeup brand founded in 2015 in Surrey, British Columbia, by makeup artist Shaina Azad. Known for its Hydra Liner and dazzling eyeshadows, Suva gained prominence through makeup artistry tied to the HBO teen drama Euphoria and built a loyal following on social media. The brand's products were sold globally through its own website and through beauty retailer Morphe.
In 2024, Azad announced the end of the company in a farewell YouTube video, citing the bankruptcy of a major retailer (Morphe) and a family member's health issues. But behind the scenes, Suva was facing a copyright lawsuit from Sony Music Entertainment Canada that claimed the company had used at least 88 commercially-released sound recordings — by artists including Travis Scott, Harry Styles, Miley Cyrus, Beyoncé, and Doja Cat — in videos on Instagram, Facebook, Twitter, and TikTok to promote its products. Sony claimed damages could top $18 million.
The lawsuit alleged that Suva deliberately matched lyrics to visuals, for example using A$AP Ferg's Rubber Band Man with rainbow-themed makeup and Doja Cat's Mooo! with cow-spot makeup. Sony also alleged in a separate B.C. Supreme Court claim that the company had paid nearly $2 million in dividends to shareholders in a bid to delay, hinder, or defraud creditors. Suva's founder testified that any music used was merely background to cover office noise, arguing that 'jingles don't sell makeup. Makeup sells makeup.'
The case mirrored a similar 2023 Florida lawsuit, Sony Entertainment v. OFRA Cosmetics, where another makeup brand faced similar claims. Legal experts quoted in the CBC report noted that social media is 'not the wild west' and that copyright holders were aggressively enforcing rights against influencers and brands. The Morphe bankruptcy — which listed Suva as a creditor owed $400,000 — compounded the financial pressure. Suva shut its doors, and all videos at the heart of the dispute were removed from its media channels.
Why it happened
- Suva used unlicensed commercial music in its social media marketing for years, building its brand on content that exposed it to massive copyright liability.
- The company bet heavily on Morphe as its primary retail channel — when Morphe filed for bankruptcy, Suva lost $400,000 in receivables and its main distribution outlet.
- Rather than settling early, the founders disputed the claim and continued operating, while Sony alleged that nearly $2 million in dividend payments had moved money out of the company's reach.
The lesson
Social media marketing is not the wild west — unlicensed music carries real legal risk, and the bill can arrive years later. A single retail partner should never be your only channel.
Aftermath
Suva Beauty closed its doors in early 2024. The Sony lawsuit was ongoing at the time of closure. The Morphe bankruptcy was completed separately. The case became a cautionary example for indie beauty brands about the risks of social media copyright infringement.
Sources
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