Reed Smith Client Alerts

Key takeaways

  • Recent lawsuits demonstrate that brands who fail to secure proper music licences for commercial use on social media platforms will face severe legal consequences.
  • As social media evolves, the lines between commercial and personal use are blurring, particularly for influencers who derive financial benefit from their activities.
  • To mitigate infringement risk, brands should educate their marketing teams, secure appropriate licences and consider how to build relationships with the music industry.
Sound mixing board

The power of music in advertising is undeniable. For those of us who grew up in a particular age, iconic campaigns such as Guinness’s use of Leftfield’s ‘Phat Planet’ or Levis’ partnership with Mr Oizo’s ‘Flat Beat’ are etched in our collective memory, showing just how effective the right music can be in building brand identity.

Social media platforms offer brands a direct line to audiences, often with viral potential and even more often accompanied by the use of music. However, as the lines blur between personal and commercial use, brands are increasingly finding themselves in serious legal trouble for using music without the requisite licences. Although often these issues arise through mistake or ignorance, the consequences can be disastrous.

Music licensing in the social media age

On platforms such as TikTok, Instagram, and others, users can easily add music to their videos. Some social platforms have gone to great lengths – and secured and paid for hundreds, if not thousands, of licences – to obtain the appropriate rights from the music rights holders on behalf of users.