The Legal Risks of Using Music on Social Media for Brands & How Brands Can Protect Themselves - Lindsey Gamble
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The Legal Risks of Using Music on Social Media for Brands & How Brands Can Protect Themselves - Lindsey Gamble
"Music has become synonymous with the social media experience. It drives trends, fuels engagement, and adds personality to short-form video content, which makes up the bulk of today's feeds. Whether you are scrolling TikTok, Instagram Reels, or YouTube Shorts, chances are the video you are watching is paired with a song. In fact, 85% of videos on TikTok, 84% of videos on YouTube, 58% on Instagram, and 49% on Facebook contain at least 10 seconds of music."
"Designer Shoe Warehouse (DSW) was sued by Sony Music and Warner Music for allegedly using over 200 popular songs in TikTok and Instagram campaigns, including influencer partnerships. Damages could exceed $30 million. Crumbl Cookies faces a lawsuit from Warner Music Group for nearly 300 instances of unlicensed use of tracks from artists like Taylor Swift, Beyoncé, and Lizzo, with claims reaching $24 million."
Music is pervasive across short-form social platforms, with the majority of videos containing at least ten seconds of songs. Everyday users add trending tracks easily, but brands face legal exposure when copyrighted music appears in branded posts or creator partnerships without licenses. Record labels and rights holders increasingly pursue legal action, seeking large damages and issuing cease-and-desist notices. High-profile lawsuits cite hundreds to thousands of alleged unauthorized uses, with potential claims in the millions. The combination of platform incentives, creator-led content, and unclear licensing practices drives ongoing brand vulnerability and financial risk.
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