Copyrighted Music - Not so trendy after all

"Ooooo, this song is so cool. It's trending on every platform! Let's make a post with it!"

Simple enough.

But if you do not have rights to use that song as a business, you could get sued. Take a look at this article; small to large businesses have been sued averaging $30,000 PER SONG.

People think that just because a song is trending, cool, or being used "by other businesses" it is okay to use. That is not the fact.

The Difference Between "Personal" and "Commercial" Use

When you scroll through TikTok or Instagram Reels, you are interacting with platforms that have secured blanket licensing agreements with major record labels. But there is a massive catch: those agreements only cover personal, non-commercial use.

The moment you attach a copyrighted song to a video promoting a product, a service, or your brand, it becomes a commercial advertisement. Record labels require separate commercial sync licenses for that. If you skip that step, you are committing copyright infringement.

Big Brands Are Already Paying the Price

If you think copyright holders aren't paying attention to social media, think again. Major record labels have dedicated teams and automated software scrubbing platforms specifically to catch unauthorized commercial use.

Here are just a few times brands learned this the hard way:

• Bang Energy: In 2022, Sony Music sued the parent company of Bang Energy for using its copyrighted tracks in nearly 300 TikTok videos. The court ruled in Sony's favor, establishing a massive precedent that brands cannot hide behind the "everyone is doing it" excuse. (Source: Reuters)

• 14 NBA Teams: In late 2023, a coalition of music publishers sued 14 different NBA teams—including the New York Knicks and Philadelphia 76ers—for using copyrighted music in their social media promotional videos without securing commercial licenses. (Source: Billboard)

• Cosmetics Brands: Major music labels have filed multi-million dollar lawsuits against beauty brands like OFRA Cosmetics and Iconic London for ripping trending sounds to promote their makeup lines on Instagram and TikTok. (Source: The Fashion Law)

The $30,000 Mistake (Or Worse)

Under U.S. copyright law, you don't just pay for the physical "value" of the song. You can be hit with statutory damages. These range from $750 to $30,000 per infringement. If the court decides you willfully ignored copyright laws, those damages can skyrocket up to $150,000 per song.

For a small business running a tight marketing budget, a single viral video with an unlicensed track could be financially devastating.

How to Protect Your Business

You don't have to choose between going viral and going bankrupt. Here is how you can legally participate in social media trends:

• Switch to a Business Account: Both Instagram and TikTok have official "Business Accounts." When you switch to these, the platforms automatically restrict your audio library to their "Commercial Audio Library"—music that is pre-cleared for brands to use for free.

• Use Royalty-Free Music Platforms: Services like Epidemic Sound, Artlist, or Envato Elements offer monthly subscriptions that give you legal access to thousands of high-quality tracks for commercial use. Personally, I like InShot!

• Jump on "Original Audio" Trends: Not all trends require a hit pop song. Many trends are built on funny voiceovers, natural sounds, or user-generated audio. As long as these don't contain copyrighted music in the background, they are generally much safer to use.

  
  

The Bottom Line: That trending song might look like an easy way to get 10,000 views, but it is not worth a $30,000 lawsuit. Protect your brand, use commercial audio, and keep your business safe. Your social media manager should know that. Make sure they do, or chat with us at Digi-Buzz. We know this sort of thing.