If You Market On Social Media, An Influencer's Choice Of Music Could Get You Sued
In the bustling world of social media, music plays a crucial role in creating engaging and viral content. However, an often-overlooked aspect is the legality surrounding the use of that music, especially for commercial purposes. If you're a business that uses social media marketing or an influencer (or just aspiring to be one), understanding who owns music can save you from legal complications and ensure your success.
Platform Music Usage Policies
When you post a video on social media, the platform provides an extensive library of music that you can add to your video or image. However, it's crucial to understand that this music may not be cleared for commercial use. In other words, while it is licensed for personal and non-commercial purposes, it is not always licensed for any use where the creator hopes to make money.
Many content creators may unknowingly use copyrighted music and infringe on copyrights by assuming if the platform provides it, then it must be safe to use for any purpose. This is a misconception. The provided music may only be safe for non-commercial endeavors, and using it otherwise could get you into trouble with copyright owners.
Defining Commercial Use Videos
One of the most common questions people ask on social media, "What does it mean for a video to have a commercial purpose?" Generally, it is one that the creator expects to generate revenue from. This could include:
Paid Content: Videos for which the creator receives direct payment. For example, a sponsored post where a business likely paid an influencer for promoting their product or service on social media.
Affiliate Marketing: Videos containing affiliate links where the creator earns a commission on sales generated through those links. This includes promoting products on platforms like Amazon.
TikTok Shop: When creators use TikTok's in-built shop feature to sell goods directly and receive payment from those sales.
Creator Fund: Even if a creator is not directly selling something, if they earn money through a Creator Fund or similar payment programs for their content, those videos can also be considered commercial.
Sony Music Entertainment et al. vs. Marriott International, Inc., Case No. 24-cv-00598 (D. Del.)
Marriott Hotels is the perfect example of how this can go wrong for companies and influencers. In this case, influencers promoting Marriott Hotels used music that was not licensed for commercial purposes. As a result, Sony Music sued Marriott.
The case eventually settled and subsequently influencers have reported that Marriott has asked them to take down their posts about Marriott. Although I don’t know the terms of the settlement, I think it is a fair guess that it requires Marriott to demand the removal of the promotional posts from social media, among other things. This is the best case scenario for a content creator. I think some companies may have demanded a monetary payment from the influencers or an indemnity if there was an indemnity agreement in place.
Utilizing TikTok’s Commercial Music Library
For creators aiming to monetize their content, they need to use only music that has been licensed for a commercial purpose. For instance, TikTok has a Commercial Music Library and Meta has Sound Collective. These libraries contain music that has been cleared for commercial use, ensuring that you won't face any legal issues for using it in your monetized videos.
While this library may not always include the current viral hits, it offers a selection of legally safe tracks. Any creator or marketer on social media should familiarize themselves with these resources. By using commercially licensed music, you can focus on growing your platform without having to worry about a future lawsuit over music, thereby protecting yourself as you become more successful.
Conclusion
The landscape of content creation on TikTok is filled with opportunities, but also with potential pitfalls, particularly when it comes to the legal use of music. Understanding and adhering to copyright laws is crucial for anyone looking to monetize social media content. Utilizing the available commercial libraries of music and staying informed about how the law around social media develops will ensure a path to legally sound success with social media marketing.
Disclaimer: this is not legal advice, it is just an informative post