![]() And, in turn, allow brands to pay directly to use the audio. There are two big things that these platforms could do to help brands when it comes to trending audio.įirst, allow creators who upload a viral audio (meaning it’s them talking or saying something in their own words) to monetize it. That’s a fast-tracked way to get sued by an artist or music studio.Īnd, as a reminder, your company does not care about you and I wouldn’t rely on being protected by them in any sort of legal scenario. ![]() One anonymous social manager that I spoke with said, “We have also decided to not use a business account on our TikTok profile so that we can use trending sounds…” That is, in my opinion, a huge risk and should be 100 percent be discussed with your legal team. I have also heard of brands not converting their accounts to business profiles so that they can access the full music library-you know, to use that Drake or Miley Cyrus song. Unless the sound is royalty-free or owned by you as the brand, you technically don’t have permission to use it. This is not true, especially for ads or boosted posts. I’ve heard a lot of social managers say that because they have access to use and “credit” these sounds that they legally have permission to post them. If you have a business profile on both Instagram and TikTok you do not have access to the full music library (meaning you can’t use that trending Drake or Miley Cyrus song), but you do have access to almost every “original sound”. Yes, You Can Ask for Permission to Use a Sound Ultimately, it comes down to what your legal team is comfortable with here. Otherwise the repercussions have been the audio being removed or cease and desists sent. ![]() So far, from what I’ve read, the only brands that have been sued are for using popular music or sounds specifically in ads or boosted posts. ![]() The thought there is that it’s unlikely that a random person whose audio went viral will sue you, but it is more likely that a music studio or artist will sue you. Legal were the ones who explained to us that we do not have the rights to the sounds we have been using.”Īnother social manager mentioned that they’ll use “original audio” (think popular talking sounds like “you’re coming home with me” or “nobody’s gonna know”) but won’t use any audio that uses a sample or remix of a popular song from a famous artist. When I asked a social manager who preferred to remain anonymous about how involved legal has been in their brand accounts she said, “From 2021-2022, all of the sounds we were using we did not get permission to use. I also feel the need to say that I am not a lawyer and nothing I am writing here is legal advice! Okay, let’s dive in. This newsletter will cover a few things I’d be thinking about right now as a brand in relation to short-form video and trending audio. I feel like I just said the quiet part out loud there. Some brands are already being sued for using trending songs or audio-so far it’s only affected audio used in ads or boosted posts.Īnd, finally, the hardest truth of them all: videos that utilize trending audio often outperform videos that don’t. Your ability to use trending audio as a brand will likely come down to the level of risk your brand’s legal team is willing to accept.īig platforms, like TikTok and Instagram, often encourage brands to participate in trends, all while knowing brands legally shouldn’t use these sounds. Just because your brand account technically has access to and allows you to use a song or audio does not mean you legally have permission to. ![]() Most brands are illegally using trending songs and sounds on TikTok and Instagram. ![]()
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