The music licensing blind spot in social media marketing
Social media marketer's willingness to jump onto a musical trend may cost them millions, if they don't adhere to the laws. Amaury Treguer, co-founder of Bread Agency, explains.
Cookie chain Crumbl just learned the expensive reality of music copyright the hard way. Warner Music Group’s recent lawsuit demanding $24 million over 159 allegedly unlicensed tracks used in social campaigns shows how quickly viral content can turn into legal nightmares.
This case isn’t unique. Major labels have been escalating enforcement across industries, with settlements and lawsuits reaching tens of millions when brands use popular music without proper clearance.
For brands hoping to boost their visibility with the latest TikTok trend, the message couldn’t be clearer — following the crowd is not a legal defence, and the financial consequences are becoming impossible to ignore.
The dangerous misconception
Most brands assume that because a song is available in Meta or TikTok’s music library, they can use it for commercial purposes. But that’s not how it works.
Social media platforms offer music for personal, non-commercial use. The moment you’re promoting your brand – whether it’s a product launch, store opening, or sponsored influencer post – you’ve crossed into commercial territory and need proper licensing.
Think of it this way: just because Netflix lets you watch movies at home doesn’t mean you can screen them in your retail store. The same logic applies to music on social platforms.
Working with influencers can make you particularly vulnerable. Many marketers mistakenly believe that if an influencer uses a trending song while promoting their product, it falls under the influencer’s personal use rights. Wrong again.
Courts have consistently ruled that the content becomes commercial when brands pay influencers, whether through cash, products, or other incentives. The brand becomes liable for any copyright infringement, regardless of who posted it.
This is especially risky in Australia’s tight-knit influencer ecosystem, where informal partnerships and product gifting are common. If there’s any commercial relationship, you’re exposed.
Amaury Treguer
What music labels are really doing
Don’t assume that you’re in the clear just because you haven’t heard from lawyers. Music companies are increasingly sophisticated in terms of enforcement strategy. Rather than firing off immediate cease-and-desist letters for every violation, many are taking a different approach: systematic documentation.
The result? When they do take legal action, it’s not for a single infringement. It’s for dozens or hundreds of violations accumulated over months or years. This approach transforms what might have been a manageable licensing dispute into a potential eight-figure liability.
Warner’s case against Crumbl is instructive here. The lawsuit reveals that Crumbl continued using unlicensed music even after receiving a cease-and-desist letter in 2023. In one particularly damning piece of evidence, Crumbl posted a TikTok saying, “We were gonna make a funny video to promote Mystery Cookie, but legal said we can’t use any trending audios.”
While these headline cases involve US companies, Australian brands face similar exposure under local copyright law. The Copyright Act 1968 provides comparable protections for music rights holders, and international music companies are just as likely to pursue Australian brands that infringe their copyrights.
How to get it right
You don’t need to avoid audio content entirely. There are clear, proven ways to use it safely in your social campaigns without risking your company’s financial future.
1. Use platform-approved commercial libraries. Major platforms have recognised this problem and created business-safe alternatives. TikTok maintains a dedicated commercial library with hundreds of thousands of cleared tracks, while Meta provides royalty-free options through its Sound Collection.
2. License directly when it matters. If your campaign absolutely needs that specific Drake song, license it properly. This means getting approval from both the record label (for the master recording) and the publisher (for the composition). All parties must agree – there’s no such thing as partial licensing.
3. Work with independent artists. Independent musicians typically own all their rights, making licensing faster and cheaper. Also, audiences often respond well to brands supporting local or emerging artists. It’s a win-win for brand perception and legal compliance.
4. Educate your team. This is crucial. Your social media manager needs to understand that using music in brand content fundamentally differs from using it in their personal posts. Consider bringing in a music lawyer or rights specialist (such as the team from Casa Music) to train your team on the basics.
5. Consider AI-generated music. AI music is increasingly going viral on social, offering brands a copyright-clean alternative. AI-generated tracks can be legally safer since there’s no human performer or traditional copyright holder. However, you’ll still want to verify the licensing terms of whatever AI platform you use.
6. Document everything. If you are licensing music, keep detailed records. Know what you’ve licensed, for how long, across which platforms, and in which territories. Music licensing is complex, and you need to prove compliance if challenged.
The smartest approach? Treat music with the same respect you give to photography, video footage, or talent contracts. You wouldn’t use unlicensed stock photos in a campaign – don’t use unlicensed music either.
Because while that trending Tiktok audio might drive engagement today, it could drive your brand into a multimillion-dollar lawsuit tomorrow.
The question isn’t whether you can get away with it. The question is whether you can afford not to get it right.
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We wrote to Amaury to thank him for shining a light on the often-overlooked complexities of music licensing for brands, a timely and important conversation. We look forward to meeting with him on his return to Australia to continue the discussion.
To protect your brand, we would gently caution brands against relying on Point 5 in the article suggesting AI-generated music as a “copyright-free” option, as it can actually carry significant legal and reputational risks.
A safer, purpose-built and fully licensed alternative is production music – affordable and specifically designed for commercial use.
AMPAL is the peak body for music publishers in Australia and New Zealand. We appreciate that getting the use of music right can appear complex, and are happy to offer guidance to users looking to better understand how best to use music when it’s for commercial purposes: info@ampal.com.au
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