In the age of YouTube, TikTok, Instagram, and other social media platforms, music is shared more quickly than ever before, but there are unique copyright concerns as well. Whether you are a musician sharing your own music or a creator using someone else’s music in your videos, it is important to understand how copyright works on these platforms. Here are some guidelines for musicians on how to safely use social media to market their music.
How Platforms Handle Music Rights
Copyright-protected music is handled by large social media companies through licencing agreements and systems. For example, YouTube uses an automated system called Content ID to identify copyrighted audio in videos. When your song appears in a YouTube video, Content ID can detect it and give you (or your label/publisher) the choice to either block the video, mute the audio, or claim ad revenue. Likewise, Facebook and Instagram have their own music recognition and licencing systems, while TikTok negotiates licences to permit the use of popular music in user-generated videos.
This implies that if an artist has used a label or distributor to distribute their music, their songs are most likely listed in these systems. As a result, when a fan uses your song in an Instagram video or YouTube vlog, you might get advertising royalties automatically or at the very least be informed. It lets you profit from social media exposure without having to keep a close eye on how your music is being used.
Encouraging Sharing Rather than Controlling Use
One way to look at it is as a great free marketing tool. One viral trend that has the potential to make a song famous worldwide is a TikTok dance to your song. Fans are now encouraged to use their music in posts by many musicians and labels because the publicity often leads to more streams, followers, and buzz. Instead of enforcing strict takedowns, if you are an up-and-coming artist, you may prefer to have your song in videos (with credit) as long as it is being used constructively and without harm.
You might, however, want control in other circumstances. For instance, if a full song is uploaded to YouTube outside of your official channel or is used in an offensive or misleading manner, you have the option to have your music removed. Social media sites usually offer a way to file a copyright takedown (DMCA notice) if you find an unauthorised use that you find objectionable. However, keep in mind that your distributor or rights manager may be automatically managing those choices through the previously mentioned Content ID claims or blanket licences once you grant them permission to manage your music on these platforms.
Suggestions for Social Media Performers
- Make your music available: Verify that the platform libraries have your music included (for example, Instagram Stories and TikTok have music libraries). Most digital distributors (including DistroKid, TuneCore, and others) allow you to add your music to Facebook, Instagram, and TikTok databases. Users will find it easier to find and use your songs in their content as a result, and royalties will be tracked for usage.
- Watch what you post: Remember that you are also protected by copyright if you incorporate someone else’s music into your own social media posts (e.g., by performing a YouTube cover or putting a popular song in the background of your video). Your video might be muted or deleted if you don’t have permission or if the platform doesn’t have a licence for that song. Nevertheless, many platforms have general licences for user content (for instance, TikTok and Instagram have contracts that allow the use of popular songs in private videos). Cover songs are usually permitted on YouTube since the platform shares ad revenue with the copyright holder of the song. Just be aware that using music in a fully commercial context (like a sponsored post or an actual advertisement) may require additional permissions beyond those typically granted by the platform.
- Follow your catalogue: Check these platforms occasionally for your music. You may be surprised to learn how and where your tracks are being used. To make it more visible, you can engage with a use you like, like dancing to your viral song. If you find misuse, you can either enforce it or report it to your distribution partner.
Copyright and finding a middle ground
Managing copyright on social media frequently requires striking the correct balance. You don’t want to stop your music from becoming popular on its own, but you also don’t want to shield your works from unauthorised use. The good news is that the industry has changed to make this easier: rights holders now frequently decide to profit from user videos or permit their use for free promotion rather than enforcing mass takedowns. As an artist, keep in mind that, despite technically using your music without your explicit consent, a 30-second fan-made dance video might actually benefit your career more than it harms. You can have the best of both worlds and still get paid even if your music goes viral if you set up the right channels to track and profit from these uses.
By implementing these policies and guidelines, you can let your songs thrive online while maintaining control when it matters most.
Solicitor advocate Michael Coyle has a master’s degree in copyright law. formerly taught at Guildford School of Music (ACM) and Solent University.
Michael.Coyle@lawdit.co.uk is his email.
