Instagram and Tiktok have an audio library in which they have licensed audio from artists, labels, and other copyright owners. Music in the platform’s library can be used on posts, reels and stories. However, the terms of the licensing agreements are subject to change. If a copyright owner revokes the license, then the media platform will mute or remove the audio from the post. Instagram and Tiktok both constantly monitor posts to ensure that the posts are compliant with their copyright rules. Posts that are not compliant will be muted or removed.
Additionally, if an influencer uploads copyrighted music as an “original audio,” platforms will change the title of the audio to the artists’ song and name if the platform has licensed the audio from the owner. Otherwise, the platform will, again, mute or remove the post.
Can I use copyrighted music in my paid Instagram posts?
If an influencer is paid by a brand or company to post, then the influencer or brand must license the audio or music from the copyright owner. Instagram monitors the use of copyrighted music and branded content, and will notify the user if their use of the music violates copyright laws. Brands cannot reuse or promote content with copyrighted music without a proper license. In May 2024, Sony Music sued Marriott for the unlicensed use of its music in over 900 paid influencer campaigns which added up to over $139 million in statutory copyright infringement damages. In October of 2024, the parties arrived at a confidential settlement agreement, and the case was dismissed with prejudice.
Notwithstanding, as more companies and brands switch to social media for advertising, it is likely that more similar suits will be filed.
Do I own a copyright in my original audio on social media?
When a creator on Instagram or Tiktok adds their own original audio, then other users are able to use the audio if the creator’s profile is set to public. Influencers have copyright protection over any content they create that is original and authored by the influencer. However, influencers can only enforce copyright protection over their original audio by taking legal action. The best option for influencers to protect their copyrighted audio is to report the unauthorized use to Instagram or Tiktok.
What are the consequences of the unauthorized use of copyrighted music in social media posts?
When platforms detect copyright infringement, they will first either remove or mute the post. Repeated offenses can result in suspension or removal of the account. In the most serious cases, the copyright holder can take legal action against the infringer. Brands are responsible for monitoring their influencers posts as well, to ensure that they comply with copyright laws. Brands should include information about restrictions on the use of copyrighted music in the influencer’s brand agreement. Influencers who repeatedly violate a brand’s copyright guidelines could lose their contract with the brand.
If you have any doubts feel free to reach out to us. Our group of expert professional attorney will love to help you improve your business
