Top 4 considerations when using music in influencer ads

Music and advertising truly go hand in hand. A universal experience, transcending language and social constructs, music can stir up deep memories and emotions that humanise brands. 

Navigating the role of music, and how it can and can’t be used in influencer marketing has become increasingly important as the industry moves beyond its ‘wild, wild west of advertising’ status. 

Time-poor marketers are often unsure what music can be included in influencer content, however these top 4 considerations can help set the right path. 

Copyright infringement

As a rule of thumb, you need permission to use music in any advertisement, even ads posted for a brand by an influencer on their own feed. 

Music licensing has been created to ensure that the owners of copyrights on music are compensated for usage of their work and rights holders can and do sue brands and influencers for infringements (Social Law Co., 2023).

What about ‘original audios/sounds’ on social media platforms?

With 88% of users saying sound is vital to the TikTok experience, as a brand or influencer, it can be tempting to use trending Original Sounds and Audios as part of an ad campaign.

Social media users are creating and sharing everything from movie audio clips to sped up versions of their favourite songs, often resulting in widespread viral success and record labels releasing official versions to cash in. However, unless these sounds have been specifically cleared for usage, copyright issues can arise if brands use these songs or if influencers use them in ads for brands. 

Pre-cleared music

Often readily available music online is intended for personal, non-commercial use. To this point, Meta’s terms state:

“Many accounts have access to our licensed music library, but certain business accounts or types of posts do not. This is because our agreements with rights holders are intended to enable personal, non-commercial uses of music. For those accounts that do not have access to our licensed music library, we have provided them with access to Facebook’s sound collection.”

Similarly, TikTok’s terms state:

“Sounds are made available to individual users to include in their videos, so long as the videos are only for personal entertainment and non-commercial purposes. You shouldn’t use a music recording from Sounds for any commercial purpose–including associating the music with, or promoting, a brand or business–unless you have obtained the necessary rights to use the music in that manner”.

Business accounts are not blocked from using original sounds that other users upload, but TikTok has not cleared those sounds to use for commercial purposes. The TikTok terms state that “If you’re a Commercial User, you should not use an Original Sound uploaded by another user.”

On the plus side, there are dedicated pre-cleared music libraries created for commercial usage, e.g. on both TikTok (500,000+ sounds) and Meta (9,000+ sounds).

You’ll notice that if you attempt to download content that uses music from one platform to upload onto another platform (for example downloading a Reel from Meta to upload onto TikTok), the platform will usually remove the audio from the content. This is because the audio is not available for download, and you may not have rights to use that same audio on another platform. 

Is it possible to capitalise on viral hits for free in influencer content? 

Whilst many viral hits won’t be available in the pre-cleared libraries, you’ll often find new and upcoming artists and songs in there. Trending songs including Nico Santos’ Rooftop and INJI’s GASLIGHT were previously available in TikTok’s pre-cleared commercial usage library.

You can also sign up to the TikTok Creative Centre, which enables you to narrow down trending songs based on whether they’re available for commercial use or not. 

Of course, you can always look into licensing the music you’re interested in (see below).

Pay to play

Music licensing allows you to elevate your ads by paying to legally play songs that are protected by copyright.

Big Sync Music thrives in the nuanced world of music strategy and licensing for TikTok, supporting TikTok with global music licensing. Whether you’re after chart-toppers or a signature sound for creative TikTok challenges, Big Sync have you covered. In addition to commercial licensing and custom composition, Big Sync offers a pre-cleared catalogue subscription product expertly with Songtradr curated to your brand’s essence and DNA, ensuring that influencers and creators enjoy effortless access to use the music across all digital platforms, not just limited to TikTok – providing a strategic, legal and cost-effective solution to a cohesive brand sound.

Bringing influencer activity to life

Finding the right music is one piece of the puzzle, just like having a well defined strategy, implementation and reporting process is integral. 

There’s a lot of legwork involved in running successful influencer activity and as an end-to-end influencer marketing agency, Hypetap can reduce the heavy lifting so brands and influencers can focus on the outcomes. 

We ensure regulatory body compliance and risk mitigation (for music usage and beyond) through our processes; including AI brand safety audits, talent contracts, thorough briefs and content approvals. 

The power of music in advertising can’t be underestimated and the opportunity to capitalise on this across influencer activity isn’t one to be missed. With a clear understanding of the key considerations at play, marketers can leverage music to achieve stronger outcomes and cut through the noise.

Information contained within this article is intended to be general information only and is not in any way intended to constitute legal advice. You should not act or rely on any information found in this article without obtaining prior advice specific to your circumstances.