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The Rise of Music Licensing Lawsuits in Viral Marketing: What You Need to Know

10/24/2024

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The intersection of music and social media marketing has led to explosive growth in viral campaigns, but it has also resulted in a sharp rise in legal battles over music licensing. In 2024, numerous high-profile cases have highlighted the risks that brands and influencers face when they use unlicensed music in their content. From fitness brands to cosmetic companies, the stakes are high, and the costs of infringement can be staggering.

The Power of Viral Music and Legal Consequences
With platforms like TikTok and Instagram being integral to viral marketing, many brands have integrated popular music into their social media campaigns. Unfortunately, several brands have faced lawsuits for failing to obtain the proper licenses for the songs used in their content. For example, Gymshark settled a costly $44 million lawsuit after using Sony Music's tracks without proper authorization, showing that even well-established companies are not immune to infringement penalties. Similarly, brands like Bang Energy and Marriott have faced lawsuits for similar infractions, resulting in hefty fines and legal complications.

Understanding Music Licensing for Commercial Use
Using music for commercial purposes on social media requires two main types of licenses: a synchronization (sync) license and a master use license. The sync license is necessary for pairing a song with visual content, while the master use license is required if you intend to use a specific recording of that song. The rise in lawsuits stems from the fact that many brands mistakenly assume that music provided by social media platforms is available for commercial use. However, these libraries typically only cover personal, non-commercial purposes.

TikTok, for example, restricts business accounts from accessing popular music in its library, but some marketers still attempt to bypass these restrictions, exposing themselves to legal risks. The boundaries between personal and commercial use have become increasingly blurred, leading to more disputes and costly legal battles.

What Brands Should Do to Avoid Legal Issues
To avoid infringing on music rights, it’s crucial for brands to educate their marketing teams about the risks involved with using unlicensed music. Additionally, collaborating with music clearance agencies to obtain the necessary licenses can save businesses from significant legal and financial repercussions. With the potential for even more lawsuits on the horizon, staying informed and taking preventative measures is essential for anyone involved in music marketing.
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This rise in music-related lawsuits underscores the importance of being diligent with music licensing, especially in the age of viral content. By securing the appropriate rights, brands can continue to leverage the power of music without facing costly legal setbacks.
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