Why That Trending Song Could Cost Your Brand Millions 🎶

IN PARTNERSHIP WITH

TODAY’S EDITION

• How brands can protect themselves from the misuse of music in social and influencer marketing campaigns.

• Instagram recognizes creators with an Oscars-style award through Rings.

• TikTok leans into AI to drive viewers to TikTok Shop products with Visual Search Tags.

• OpenAI gives users more control over how their deepfakes are used on Sora.

DEEP DIVE

When Viral Tracks Become Legal Traps for Brands

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.

For everyday users, this isn’t much of an issue. Adding a trending song to a Reel or TikTok is quick, easy, and often encouraged by the platforms themselves. But for brands, it’s a different story. Using copyrighted music in content with a license —whether in your own posts or posts by creators on your behalf—can lead to serious consequences. And as marketing continues to shift toward social-first and creator-led strategies, record labels and rights holders are paying closer attention than ever.

Recent Lawsuits Show the Real Risk

High-profile cases illustrate just how serious this issue has become:

• 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.
  

• Marriott was previously sued by Sony Music for hundreds of social media ads using copyrighted songs. The lawsuit was eventually dismissed, but damages could have reached $130 million.
  

• USC was taken to court by Sony Music for $42 million after allegedly using over 1,670 songs in 250 videos without permission.

These are just the public cases. Many more brands receive cease-and-desist letters or settle out of court, keeping the true scale of the problem largely hidden.

Why Brands Keep Getting It Wrong

A major reason is misunderstanding how copyright works on social media. Licensing for traditional media like TV, film, and commercials is relatively straightforward. Social media, by contrast, is complex. Platforms negotiate licensing deals with labels and rights holders to offer pre-cleared songs—typically for personal use only.

Some brands assume that if a song is available on a platform, they automatically have permission to use it commercially. This couldn’t be further from the truth. The moment content promotes a product or service, whether in organic posts, ads, or influencer campaigns, it is considered commercial use and requires separate licensing.

Licensing agreements are also platform-specific and often inconsistent. A track cleared for commercial usage on TikTok may not be cleared for Instagram. What’s available on YouTube might not be available on Facebook. Even commercial-approved libraries are not foolproof—rights can expire without notice, turning previously compliant posts into violations overnight.

The challenge is amplified by the speed of social media trends. Licensing a song to jump on a trend can take weeks and cost thousands or even hundreds of thousands of dollars. By the time legal clears it, the moment is gone. Brands expected to move at the speed of culture might feel pressured to act fast and “ask for forgiveness later,” or not consider the legal and financial ramifications of doing so.

How the Risk Multiplies: Creators, Employees, and Reposts

Working with creators and influencers adds another layer of complexity. Creators often use trending music in their organic content to boost engagement, increase reach, and participate in trends. But when content is sponsored, it is considered commercial, meaning creators cannot use copyrighted music without permission. That’s something that can be overlooked by both creators and brands.

Employee advocacy programs create additional risk. Encouraging employees to post behind-the-scenes, day-in-the-life, or company updates can turn staff into copyright liabilities. A social media video set to a popular song by an employee might drive conversation, but legally, it is still an infringement risk.

Even reposting content can create problems. Instagram and TikTok’s Collabs and Repost tools make it easy to amplify and reshare creator or user-generated content, but if that content contains copyrighted music, resharing it can expose brands to liability—even if the original post was not created or published by the brand.

The Hidden Dangers of Enforcement

Rights holders don’t always act immediately, which can create a false sense of security. Brands might post unlicensed music multiple times without issue, thinking they are in the clear. Behind the scenes, rights holders track violations and can enforce them months or even years later. 

The costs go beyond legal damages. Unlicensed music can force brands to remove content or pull it from creator partners, disrupting campaigns and relationships. That top-performing post that finally cracked the algorithm? It can vanish overnight, along with all its reach and engagement. Reputational damage from copyright violations can be even costlier, particularly for brands seeking to be seen as creator-friendly—and yes, that includes respecting artists’ rights—and ethical.

Building Your Defense: Steps Brands Can Take

To avoid these pitfalls, brands need to be proactive about how they approach music in their content. That starts with strong internal processes and best practices:

• Audit Regularly: Review all published content, including creator posts, to identify potential music rights violations. Continuously check that licenses remain valid, as platform-specific restrictions can change.
  

• Establish Clear Guidelines: Provide guidance for internal teams, employees, and external partners on using music in content. Educate your ecosystem on the difference between personal and commercial use and the process for securing licenses.
  

• Implement Approval Workflows: Every piece of social content—including reposts and creator posts—should be reviewed for cleared music rights before going live.
  

• Provide Pre-Cleared Options: Include approved music in campaign briefs and maintain a database of licensed tracks.
  

• When in Doubt, Don’t Use It: While music can enhance engagement, it is rarely worth a takedown or lawsuit.

How Technology Makes Compliance Manageable

Managing multiple accounts, influencers, and platforms manually can be overwhelming. Music identification technology makes compliance scalable with audits, monitoring, and alerts. Pex helps brands detect and manage commercial music use across social media, employee posts, and influencer programs with its music monitoring solution for brands

With Pex music monitoring, brands can:

• Audit Published Posts Across All Accounts – Identify music in published content and influencer promotions, and verify only commercially licensed music is being used.
  

• Monitor and Protect in Real Time – Scan employee and influencer content before it goes live and stop risky posts from causing takedowns or delays.
  

• Quickly Edit Content for Compliance – Quickly mute or replace audio, or remove posts with unlicensed music, to reduce risk and keep content live safely.

By combining strong internal processes with the right technology, brands can safely leverage music in social and influencer marketing campaigns while protecting themselves legally. Proper music rights management helps prevent not only costly multi-million-dollar copyright infringement lawsuits but also interruptions to campaigns and damage to brand reputation.

Get a Free Copyright Check from Pex

Share your Instagram or TikTok handle and Pex will audit your account to identify the total amount of music used. Sign up here for free to understand your current risk.

NEWS, TRENDS & INSIGHTS

Instagram announced Rings, a new reward initiative that recognizes creators "who aren't afraid to take creative chances and do it their way." Featuring a judging panel that includes Instagram head Adam Mosseri, director Spike Lee, actress Yara Shahidi, tech creator MKBHD, and more, 25 creators will be selected to receive a physical custom ring and a digital golden ring around their profile photo. With Rings, Instagram is aiming to create its own Oscars-like prestige and signal the platform as a core hub of culture and influence.

Instagram rolled out updates to Maps. In addition to expanding access to users in India, the updates include a more prominent indicator showing when a user is sharing their location and a reminder that added location tags will appear on the Map. Following initial backlash over privacy concerns at launch, some users may still be hesitant, but these changes address community feedback.

Instagram added new features in the latest update to Edits. Notable additions include over 250 new sound effects, new text presets, and the ability to download an insights summary to share with brand partners and collaborators. From ideation to editing to publishing and beyond, Edits is becoming an attractive tool for video, mobile-first creators.

TikTok is testing a Visual Search Tags feature. When pausing certain videos and tapping Find Similar, TikTok will use AI to identify objects in the content and suggest other videos via the Top tab and products via a Shop tab. Like Identify Similar Products, it creates a new pathway between users and shoppable content.

OpenAI shared updates for Sora. Users can now set instructions for how their Cameo—the feature that lets them and others create videos using their likeness—can be used, and watermarks on videos will soon be more visible. These are likely the first of ongoing granular controls, as deepfakes created with the app in its early days highlight the high potential for misuse and serious implications.

Steven Bartlett (The Diary of a CEO) partnered with Rox Codes, formerly an engineer for MrBeast, to launch Flightcast, a new video-first podcast hosting platform. It offers one-click distribution to multiple platforms—including YouTube and Spotify—along with cross-platform analytics and AI-generated titles, chapters, descriptions, and insights. Featuring the same tools that helped grow The Diary of a CEO, Flightcast lets creators tap into the resources used by one of the world’s biggest podcasts to scale their own shows.

IN CASE YOU MISSED IT

If you’re a new reader or missed last week’s edition, you can catch up here. Highlights included:

• OpenAI’s launch of Sora, signaling the era of AI-generated social media.

• Syracuse University betting big on the creator economy with the nation’s first academic Center for the Creator Economy.

• DoorDash introducing a Creator Program to spotlight local restaurants.

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