You’re putting together a killer Instagram reel or TikTok video for your business. You want it to stand out, so you choose a trending song, maybe something by Taylor Swift, Drake, or Ed Sheeran. After all, everyone else is doing it. But before you hit “Post,” pause. If you’re using a trending or mainstream song in your business content without a proper license, you could be setting yourself up for copyright violations, account restrictions, or worse, legal trouble.
Who Owns the Music?
Every piece of music has multiple layers of ownership. Typically, there are two major rights holders:
- The songwriter/publisher (who owns the composition)
- The artist/record label (who owns the actual sound recording)
To legally use a song in your business’s social media marketing, you need permission from both parties. This means acquiring a sync license (for the video) and a master use license (for the audio).
Why Businesses Are Held to a Higher Standard
While personal users may get away with using popular music on their individual profiles due to platform agreements and leniency, businesses are another story. Platforms like Instagram and TikTok have limited agreements with music publishers that only apply to personal accounts, not business or creator accounts.
If you’re running a business account and using trending music without a license, your content may be:
- Muted
- Taken down
- Flagged for copyright violation
- Penalized by reduced reach
- Even subject to legal action in rare cases
Real-Life Examples of Music Misuse
- Small Boutiques on TikTok: A number of small retailers have had videos removed for using popular music in try-on hauls or product highlights. Their posts were muted or removed, killing engagement and reach.
- Fitness Studios: Several gyms and yoga studios have faced takedowns or copyright warnings for posting class clips with trending songs playing in the background.
- Restaurants and Cafes: Even ambient background music picked up in a video can be grounds for muted sound or copyright flags.
It’s Not Just About the Song
Beyond muting and take-downs, there are bigger consequences:
- Account penalties that can reduce your visibility on social platforms
- Repeated violations can result in account suspensions
- Potential fines or lawsuits (especially if the content goes viral and rights holders notice)
Copyright enforcement is largely automated on these platforms through tools like Content ID (YouTube), Rights Manager (Meta), and SoundOn (TikTok). These tools scan for copyrighted material and automatically take action.
Workarounds and Legal Alternatives
So what can you do instead? Here are a few legal alternatives:
- Use Royalty-Free Music
- Platforms like Epidemic Sound, Artlist, AudioJungle, and Soundstripe offer high-quality royalty-free tracks for a small fee or subscription. These tracks are safe to use in your content without licensing nightmares.
- Leverage Platform Libraries
- TikTok, Instagram, and YouTube offer a built-in library of music that they have licensed for use. This is safe to use but check whether it applies to business accounts.
- Hire Independent Artists
- Collaborate with up-and-coming musicians and license original music directly. This gives your content a unique flavor and supports other creatives.
- Create Your Own Sounds
- Many brands are leaning into creating their own audio bites, voiceovers, jingles, or signature sounds. This is a great way to build brand recognition.
How AI is Changing Music Licensing
Some platforms now offer AI-generated music that comes with full rights for use. Tools like Soundraw, Amper Music, or AIVA let you create mood-based music for your videos with no risk of copyright issues.
What If You’re Using Licensed Music In-Store?
Even if you’re not posting videos, playing mainstream music in your store, restaurant, or office also requires a commercial license. Services like Mood Media, Pandora for Business, and Soundtrack Your Brand provide business-friendly streaming that covers the proper licensing.
Social Proof, Not Legal Risk
Music can evoke emotion, create connection, and elevate your content. But the risks of using unlicensed mainstream music in business content aren’t worth it. Instead, focus on:
- Staying compliant
- Building original brand sound
- Using legal libraries for music
The goal of marketing is to gain visibility, credibility, and conversions, not to get flagged or shut down. Smart marketers know that success comes from playing by the rules while staying creatively agile. Need Help Navigating the Rules? At Citrine Research and Consulting, we help businesses elevate their brand through strategic marketing, without the legal headaches. From social media content planning to sound strategy, we’ve got your back.
Author Bio
Dr. Sonja Elcic, Ph.D., is the founder of Citrine Research and Consulting and specializes in psychology-based paid advertising and marketing strategies.
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