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Use Copyright Protected Music in a Social Post and You Could Get Sued

by | Dec 16, 2024 | Copyrights, Intellectual Property

In the age of TikTok, Instagram, and Facebook, music plays a pivotal role in creating engaging content. Whether it is a catchy background tune or a trending song, the right music can elevate a video and make it go viral. 

However, as the use of music on social media skyrockets, so too do the risks of copyright infringement – and copyright owners are cracking down.

Is Anyone Safe from Music Copyright Infringement Lawsuits? 

Sony Music Entertainment recently filed a lawsuit against Marriott International for music copyright violations. Sony accused Marriott of willfully infringing copyright by using its music in hundreds of promotional videos across social media platforms. 

In addition to seeking substantial damages, Sony is also pursuing an injunction to prevent further unauthorized uses. This case is part of a broader trend where major music companies are taking legal action against businesses and influencers for using copyrighted songs without the proper licenses. Similar lawsuits have targeted brands like Gymshark and OFRA Cosmetics for unauthorized use of music in online content.

Failing to secure the necessary licenses can lead to costly legal problems, especially as statutory damages range from $750 to $150,000 per infringed work. Even one unauthorized use of a song – whether it’s the main focus or just playing in the background – can result in big fines. 

Let’s Break It Down (No Musical Pun Intended)

Music has multiple types of copyrights. The two that applied in this case are:

  • the composition (the song itself) and
  • the sound recording (the recorded version).

To use a song with copyright protection in promotional content, you need to obtain a synchronization license, which allows you to pair the music with visuals. But it goes beyond this. You need to make sure you:

  1. Verify Music Licenses. Do not assume platform licenses cover commercial uses. Check if you need a separate synchronization license.
  2. Monitor Content Regularly. Use software or services to track and flag potential copyright issues across social media platforms.
  3. Keep an Eye on License Expirations. Review your licenses regularly to ensure that content stays compliant, especially as expiration dates approach.

Alternatively, content creators who are unable to pay for or otherwise obtain the right to use specific songs should seek out music that is in the public domain. You may not be able to get the exact music you want, but there is quite a bit out there if you are willing to look for it.

You Need to Be Careful of Music Copyright Risks

Social media has transformed the way we share and enjoy music, but that ease also brings new challenges when it comes to copyright. Whether you are a brand, influencer, or content creator, it is essential to stay informed and compliant with music copyright laws. 

If you want to avoid the legal troubles that come with copyright infringement and continue creating engaging, legally sound social media content, it is vital to seek out public domain music or secure the right licenses and take proactive steps to monitor and manage your content.  

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