The platforms’ music libraries are handy, but not licensed for any use. There are risks, especially when it comes to advertising.
What the platform licensed
Instagram, TikTok and YouTube have signed contracts with collecting societies and labels covering the use of music in private, non-commercial content on the platform. Conditions differ depending on the platform and account type.
Where the license ends
For advertising, i.e. sponsored posts, advertisements and cooperations, the platform license is regularly not sufficient. Many platforms offer business accounts only a limited, commercially licensed library. Also downloading and uploading to other platforms is usually not covered.
- Use royalty-free or licensed music for advertising
- Using Commercial Music Libraries of Platforms
- Document licenses in writing
- Not transferring music from one platform to another
Practical examples
Chart hit in the cooperation
Situation: A creator backs a sponsored reel with a current chart hit.
Classification: The use in advertising is not covered by the platform license.
Recommendation: Exchange music or acquire a synchronization license.
Video in the shop
Situation: A creator uses his TikTok video and music on his shop website.
Classification: The platform license does not apply outside the platform.
Recommendation: Remove or license music.
Own music
Situation: A musician uses his own songs in advertising.
Classification: In the case of a label contract, rights may be with the label.
Recommendation: Check contract before the campaign starts.
Conclusion
Music is the most common reason for rights problems in cooperation. A quick look at the license saves expensive additional demands.
Do you have questions on this topic? More on this on our page Copyright and Use Rights or directly via our Initial assessment.
Frequently asked questions
May I use every song from the Instagram music library for advertising?
No. The platform licenses usually only cover private, non-commercial use. For paid cooperations and business accounts, there are often only license-free titles from the Commercial library.
What happens if I use music without a license?
There is a risk of blocking the contribution, muting or a cease-and-desist letter by rights holders with claims for damages. In the case of advertising cooperation, the client is often also liable.
How do I find music for promotional videos legally secure?
Use licensed music services with an explicit commercial license or the platform’s commercial libraries and keep license proofs.
Further information: Copyright and Use Rights · Copyright