As an advertiser looking to create engaging content and drive brand awareness on social media, using popular music can be a powerful way to connect with your audience. However, navigating the rules around copyrighted music can be complicated. Taking a thoughtful approach and exploring legitimate music options is key for effective marketing while respecting creator partnerships. Here’s what brands need to know about legally using music on UGC platforms and, spoiler alert, we even put together a checklist to make copyright clearance part of your content strategy.
Do I need a music license for my content?
The simplest way to explain proper music use on social media is that a music license is generally required for any use of music. The complicated way to explain music use on social media is that different licenses are required for different types of users, content, and companies.
Because social media platforms make money from users and content that leverages music, they need music licenses. These licenses cover their users for personal uploads only, not commercial uploads. Because brands and influencers use music to promote products and companies, their content is commercial, and different music licenses are needed.
How do I get a music license for my content on social media?
Some platforms have licenses for their everyday users as well as for brands and commercial content. For example, TikTok has licenses with the three major record labels and publishers: Sony, Universal Music Group, and Warner Music Group. These licenses made it possible for the thousands of dance videos set to Lizzo’s “About Damn Time” to spread across the platform without receiving copyright notices.
However, in order for a brand to use Lizzo’s song on TikTok, it will need to be available in TikTok’s commercial library, or the brand will need to get a separate license. Even if platforms have commercial specific libraries, they vary by platform. A marketer can’t download an Instagram Reel and upload it on TikTok because the song may not be available in both commercial libraries. If the song you want to use in your campaign is not available in the commercial library, then it would need to be licensed elsewhere like directly through the rightsholder or music library.
Am I at risk for copyrighted music posted through influencer and employee content?
We know what you’re thinking: influencer marketing is a loophole to all these regulations – personal creators can promote your brand and do not have to adhere to commercial guidelines. But, paid promotions and ambassador programs are considered commercial uses, and influencer content has to follow the same strict standards as branded content. While marketers may not think of employees as influencers, they definitely can be. If employees are promoting your brand online (think: ‘day in the life’ videos) and using music, that content can also cause copyright liabilities. Corporate accounts also shouldn’t repost organic content from their followers or fans that contain music as they can harm the brand.
We know what you’re thinking: this is a lot of information and a lot of potential liability. Don’t worry…download our handy eGuide, Mastering music rights on social media: copyright crash course for brand marketers, to learn more and use our free copyright checklist below to protect your brand.
Copyright checklist for social media campaigns:
- Check platform commercial libraries for the song you want to use. Make sure to check each platform you want to post on because they each have their own licensing agreements.
- If licensing a song from a label, publisher, or other rightsholder, track down the owners of the composition and recording and reach out at least one month in advance to request a license.
- Find a royalty-free song or license a track from a music library if you are short on time. Pay attention to the terms of the license to understand if the rightsholder must be credited in your post and how long the license lasts.
- If using influencers or influencer agencies, provide them with your properly licensed music and make sure they understand it is the only music that can be used. Also make sure they understand they cannot edit the music in any way, such as changing its speed.
- Set a reminder to remove any content with licenses that expire.
- Make sure you’ve added any necessary credits to your post if using royalty-free music that requires attribution.
- After content is uploaded, make sure it’s using the correct music and no changes have been made. If it’s been edited, remove the content as quickly as possible.
Check your content with Pex
Pex developed AI-powered technology to identify music in social media content, and brands can plug in to our system to identify music in content before it goes live. Results are returned quickly so you can post in real time. Worried about your past content? No sweat: we’ll audit it for you so it can be removed or edited if necessary.
With Pex you can:
- Check published content for music so it can be removed
- Know if your creator partners are posting unlicensed music
- Identify music rightsholders, so licenses can be facilitated
- Integrate Pex Search between employee apps and public platforms to prevent infringement from publishing
Interested in checking your content for copyright? Get in touch with our team at [email protected] to audit your social channels.
