Can You Use Popular Music in Sponsored Content? Here’s What Creators and Brands Need to Know

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Using viral music in brand deals can lead to copyright violations, even if it’s available on TikTok or Instagram. Learn the risks for creators, brands, and agencies, plus best practices for using music in sponsored content.

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If you’re a creator, brand, or agency leveraging social media, you’ve likely seen (or made) videos with viral audio. Platforms like TikTok and Instagram make it incredibly easy to add trending sounds to your posts. But what’s fine for a personal video may become a legal issue the moment a brand deal enters the picture.

Let’s take a deeper look at the risks, misconceptions, and what you should do when music meets marketing.

Why the Rules Change for Sponsored Content

Just because a track is available in TikTok or Instagram’s music library doesn’t mean it’s cleared for commercial use.

Once you’re being paid, whether as a creator or a brand, your post is no longer just content. It’s advertising. That distinction triggers different copyright obligations.

TLDR:

Personal or organic content can use platform-cleared music under personal use licenses. Sponsored or paid content is considered commercial, and typically requires a separate music license.

What Happens If You Get It Wrong?

Using copyrighted music in sponsored content without proper licensing can result in:

  • Takedowns or muted videos by the platform;
  • DMCA notices from music rights holders;
  • Infringement claims or even lawsuits (especially if the content used in paid ads); or
  • Brand or agency liability.

    • Common Misconceptions

    “It’s in the app, so it must be OK.”

    Not always. Platform libraries vary by region and use case, and some licenses are for personal/non-commercial use only.

    “The creator posted it, not us.”

    Brands and agencies can still be held liable if they approved, promoted, or repurposed unlicensed content.

    “It’s fair use.”

    Fair use is a narrow and often-misunderstood doctrine. Ads almost never qualify.

    Best Practices for Creators, Brands, and Agencies

    For Creators: If the campaign brief is silent on music, don’t assume you can use trending tracks. Ask for clarity: "Can I use this track? Are there any licensing requirements?"

    Stick to:

  • Royalty-free music libraries;
  • Licensed music (through services like Epidemic Sound, Artlist, etc.); or
  • Commercial-use tracks offered within the app.

    • For Brands & Agencies:

  • Include music usage terms in every creator brief or agreement.
  • Require creators to use royalty-free or licensed music unless otherwise approved.
  • Don’t boost, repost, or repurpose creator content with copyrighted audio unless the rights are cleared.
  • When in doubt, consult an attorney before launching a campaign with trending sounds.