💡TL;DR: Improper music utilization prices manufacturers hundreds of thousands, leading to copyright strikes, muting, takedowns, lawsuits, and settlements. Manufacturers who use Epidemic Sound can sidestep all the difficulty with a legally watertight settlement.Johnson & Johnson. Hilton Inns. Marriott. All leaders of their respective fields. Enormous, globally famend manufacturers with reputations and stability sheets most companies might solely dream of.They’re additionally only a few of the numerous names who’ve been sued for alleged unlicensed music use. Typically, these instances seem unintended — it’s straightforward to overlook to contact X rights holder or clear the rights for Y territory. Regardless, the results are plain. The monetary hit may be extreme. Underneath US copyright legislation, the hit may be anyplace from $750 to $150,000 per infringed work. And that’s simply the US — some instances have settled for decrease and better.These instances can take months, years to resolve, and have the potential to trigger irreparable reputational and monetary injury. For one thing as life-affirming and essential to content material as music, this seems like an issue that might be prevented.In the present day, we’ll break down the causes, define the dangers, and element the methods and frameworks it’s essential to keep copyright-compliant and soundtrack your model, your manner. We’ll cowl:
Music licensing 101: Fundamentals for manufacturers
Earlier than we dig into the finer particulars, it’s price getting up to the mark with the music licensing fundamentals for manufacturers.
What’s music licensing, and why is it vital for manufacturers?Music licensing is a authorized course of through which a rights holder grants permission to make use of a chunk of music. The phrases differ from settlement to settlement — some are costlier, difficult, and restrictive than others.
The license exists to guard the mental property of artists, writers, and different rights holders. In flip, music helps outline sonic branding, remodeling nice content material into iconic cultural moments.
As most tracks have a couple of rights holder, the licensing course of and the assorted agreements may be difficult. Often, a model should license each the musical composition and sound recording rights — they’re two various things. The complexity is commonly why errors occur.Widespread missteps manufacturers make when utilizing music
Music is every little thing, it’s all over the place, it’s abruptly. On condition that 1000’s of tracks are available on TikTok, Fb, Instagram, and extra, one might assume that they’re free to make use of, with out limits.
Entry doesn’t equal permission, although. Listed below are only a few of the missteps manufacturers make when utilizing music of their content material:
Utilizing “private” accounts for enterprise. Influencers typically use fashionable, well-known tracks of their content material — they could have a private or industrial license, relying on the platform. That doesn’t give different companies free reign to do the identical, although. All the time test what utilization a platform permits.
Assuming that licensed tracks are truthful recreation for industrial use. Somebody might have licensed a observe for private use, however until they’ve licensed the mandatory rights for his or her particular use case, they will’t use it commercially. The phrases of every license, irrespective of how comparable, have to be checked earlier than use.
As soon as a observe is licensed, it’s cleared without end. A observe’s license might solely be legitimate throughout a sure timeframe — one thing that was licensed for a marketing campaign final yr might have to be relicensed.
It’s a jungle on the market. For a full breakdown of slip-ups, discover our article on music licensing myths. In any other case, hold studying for more information on why music lawsuits occur, some notable examples, and find out how to shield your model and content material.
How do music licensing lawsuits occur?Music licensing lawsuits might occur as a result of, someplace down the road, a mistake has been made. Let’s have a look at the primary culprits.1. The use oversteps the license
If a observe has solely been licensed to seem on a podcast, that’s the one place it must be used. If a model has this license however makes use of the observe for tv, radio, social media, or one thing else, there are grounds for authorized motion.
2. Not all rights have been clearedA model might use a observe for a video manufacturing in good religion, having secured a license from the rights holder. Nevertheless, not all rights could also be vested with the identical rights holder. Completely different rights for a similar observe might be divided between completely different labels, publishers, and accumulating societies3. The observe’s provenance comes into questionPerhaps the observe doesn’t sound fairly proper, or the rights holder has no document of the observe being equipped. If the observe was downloaded from a questionable “grey space” relatively than official sources, any licensing settlement will not be legitimate.4. A brand new platform doesn’t cowl every little thing If a model soundtracks content material on a brand new platform or medium, they’ll have to test what the music protection appears like. Likelihood is {that a} new settlement will have to be drawn as much as license the content material in query.5. The rights have been ignored or misunderstood Typically, manufacturers simply ignore the license, the rights. Different occasions, they could simply misunderstand the settlement and unintentionally misuse the music.These instances typically occur on social media. In 2021, Common Music Group sued Bang Power, an power drink model, for alleged copyright infringement on TikTok. Bang argued that as a result of the music was out there on TikTok, it was licensed — Common countered that this doesn’t cowl industrial use.Excessive-profile instances like Bang have set a precedent, with rights holders routinely in search of damages as excessive as $150,000 per infringing observe.
When manufacturers get music licensing wrongWell-known retailers have been fined for utilizing unlicensed in-store music. Manufacturers have blasted copyrighted tracks throughout reside occasions and promotional content material with out the proper license.Companies get music licensing mistaken extra typically than you assume — let’s dive into a number of well-known music copyright instances.Individual holding a record3 well-known music copyright cases1. X/Twitter vs. NMPA
In 2023, a gaggle of music publishers sought damages towards X/Twitter to the tune of $250 million. The plaintiff claimed that the social media big had “knowingly facilitated, and profited from” roughly 1,700 unlicensed songs.
Plaintiffs included Common Music Publishing Group, Sony Music Publishing, and Warner Chappell Music, in search of as much as $150,000 per infringement.
The Nationwide Music Publishers’ Affiliation (NMPA), the group below which the plaintiffs rallied, got here ready — this wasn’t their first rodeo. They’d already butted heads with Twitch a number of years again, which resulted in a extra sturdy copyright settlement with the platform.
This go well with arrived at a delicate time for X/Twitter — the platform was present process dips in promoting income, dwindling headcount, and organizational change. As of June 2025, the case is being settled out of court docket.2. Johnson & Johnson vs. APMPharmaceutical heavyweight Johnson & Johnson confronted a steep music copyright lawsuit final yr, having allegedly used unlicensed music on YouTube and Fb. Related Manufacturing Music (APM) alleged that “regardless of being repeatedly contacted by APM concerning [Johnson & Johnson]’s unlicensed makes use of of the Recordings, [Johnson & Johnson] has refused to acquire correct licenses or admit wrongdoing.”The plaintiff prompt that Johnson & Johnson used 30 unlicensed tracks throughout 79 posts, for every of which APM sought $150,000 in damages. The truth that APM repeatedly contacted Johnson & Johnson, with no settlement reached, reveals the hassle rights holders go to earlier than submitting a go well with.3. DSW vs. Warner Music GroupWarner Music Group (WMG) shouldn’t be taking part in round in 2025. Having already sued cookie firm Crumbl in April, the leisure big sued Designer Shoe Warehouse (DSW) the next month. The explanation? WMG claimed that DSW, together with related social media influencers and paid companions, had “missapropriated” WMG-owned tracks on Instagram and TikTok. Just like the earlier instances we’ve talked about, WMG pushed for $150,000 per misused observe, of which there have been over 200.WMG’s lawsuit alleged that DSW had “licensed music for its commercials from WMG prior to now” with no points. The difficulty stemmed from the truth that the defendant “shifted a lot of its advertising focus from conventional promoting to selling its merchandise by social media platforms comparable to Instagram and TikTok.”You’ll know most of the infringing tracks: Fleetwood Mac, Madonna, Ed Sheeran, Bruno Mars. Enormous artists. The copyright mix-up might have been a results of miscommunication between model and influencer. Or, it might have occurred at a good earlier stage, because the model shifted from conventional to social media promoting.If manufacturers and companies had been to succeed in out and procure all the proper license earlier than utilizing the music, these instances needn’t occur.
Who wants to pay attention to music licensing?Even after we’ve analyzed high-profile instances, the “perpetrators” have been painted on the whole brushstrokes. However who wants to pay attention to music licensing inside a enterprise?Advertising and promoting groups: If unlicensed music seems in a marketing campaign, advert spot, or different promotional materials.Occasion planners and promoters: If unlicensed music is performed at a company or public occasion. Social media groups: If unlicensed music is utilized in a branded put up, influencer collaboration, or different industrial materials. Retailers and real-life areas: If unlicensed music is performed in industrial areas like cafés, gyms, and retailers — even when they’re private playlists.Clearing music rights historically comes with a whole lot of baggage, particularly when publishing content material throughout a number of platforms and codecs. However that doesn’t excuse copyright infringement.Reputations and monetary stability are at stake. Manufacturers want to make sure that they’re coated, nearly as good religion supplies little safety in these instances.
How manufacturers can shield themselves from music lawsuits
Music lawsuits are on the rise. In accordance with advertising legal professional Robert Freund, “It’s exhausting to maintain observe of precisely what number of lawsuits are being filed, particularly in the event that they’re resolved earlier than a grievance is filed. A big quantity of disputes and some huge cash is exchanged with out anybody ever figuring out.”
Right here’s how your corporation can get forward.1. Educate your teamAny worker working with music ought to study the fundamentals of music licensing. Take the time to unpack what they will use, the place they will use it, and when. This is applicable to every little thing from ATL advertising to social media — rules differ wildly for the latter, relying on the platform. That may be time-consuming and dear, although. Should you can’t stretch to supply customized recommendation, you can as a substitute create inside music use insurance policies. Cowl every little thing from advertising, social media, real-life occasions, and every little thing in between — go away nothing to probability and don’t be afraid to overexplain. 2. Plan music prematurely for campaignsConsider music and sound choice throughout a marketing campaign’s early levels. This permits extra time to safe the right licenses, and offers you respiratory room to seek out an alternate observe in case your first alternative doesn’t work out.3. All the time comply with particular use termsUnderstanding the distinction between private and industrial licenses is a strong begin. From there, you’ll need to test every platform by which you publish content material, and the licensing phrases for the tracks you propose to make use of. Even for those who’ve seen one other model use a observe in your chosen platform, double-check the license. Guarantee that you’ve every little thing you want, as your phrases could also be completely different. 4. Use an all-rights-included answer like Epidemic SoundBecause music licensing is difficult. However whenever you get it proper, you possibly can relaxation straightforward figuring out that your model is secure, your prospects belief you, and that you simply’re not short-changing any rights holders. So, what are you ready for? Nail copyright, avoid lawsuits, and take your model to the following degree with Epidemic Sound.
Wrapping up — getting music licensing proper with Epidemic Sound
An Epidemic Sound subscription goes past royalty-free music. We personal all of the rights to our catalog of greater than 50,000 premium tracks, eradicating the headache of licensing.
No matter platform and media switch-ups sooner or later, your content material is secure. What you publish throughout a legitimate subscription is licensed without end, even for those who select to depart Epidemic Sound. Bespoke, watertight, and future-proofed, our license is the right answer for your corporation. Our Enterprise plan gives every little thing a model must soundtrack their work. Our devoted digital rights administration group works tirelessly to make sure our licensed customers don’t encounter points when publishing content material on-line. We’ll stroll you thru the licensing course of, offering you and your group with the instruments it’s essential to use music safely.Everybody from Levi’s to Warner Bros. Discovery, The Telegraph to the Miami Dolphins, trusts us to be their soundtracking platform. Don’t threat your corporation with a dangerous license — get pleasure from full protection and soundtrack your model, your manner, with Epidemic Sound.
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