Music adds vibrancy and emotional depth to social media content. Whether it's a behind-the-scenes Instagram Reel, a TikTok product teaser, or a heartfelt story, the right soundtrack can elevate your brand's message. For many marketers and content creators, music also plays a strategic role – leveraging trending audio to boost visibility and engagement through algorithms and audience familiarity.

But as more brands jump on trends and popular songs to stay culturally relevant, recent legal actions serve as a gentle but important reminder: if you’re using music in your brand content, even organic content, it still needs to be properly licensed.

When a song is trending on TikTok or Instagram, it can feel like fair game. If thousands of people are using the same snippet, why not join in? But here’s the catch: while personal accounts can often use these clips under the platform’s terms, brand accounts, promotional content, and sponsored collaborations are a different story.

Once a post promotes a product, service, or brand—even indirectly—it enters commercial territory. That includes posts made directly by a brand, but also content shared by influencers, collaborators, paid partners, and ambassadors. If your product is featured in a video with unlicensed music, even if it’s in partner content or on someone else’s channel, your brand can still be at risk.

Real-World Examples: When the Trend Goes Too Far

Several high-profile lawsuits in the past year have shown that using trending audio without proper clearance can lead to significant legal consequences:

  • University of Southern California (USC): In March 2025, Sony Music sued USC for allegedly using over 170 of its songs in 283 TikTok and Instagram clips promoting its athletics program, many featuring trending songs, without a license. Sony is seeking tens of millions in damages.
  • Crumbl Cookies: Warner Music Group sued the viral cookie brand in April 2025, citing at least 159 songs used in TikTok and Instagram content. Many of these were tied to trending audio clips that helped Crumbl rack up millions of views. But without proper licensing, the cost could be up to $150,000 per song.
  • Designer Shoe Warehouse (DSW): Warner also filed suit against DSW for using over 200 unlicensed tracks in social posts, many of which involved influencers and trending music.
  • NBA Teams: In late 2024, 14 NBA teams were sued by music publishers for allegedly using copyrighted tracks in promotional videos, many of which featured music popular on social media at the time.
  • Johnson & Johnson: In September 2024, Associated Production Music (APM), a joint venture between Sony Music Publishing and Universal Music Publishing Group, sued Johnson & Johnson for allegedly using 30 of its songs in 79 promotional videos posted on YouTube, Facebook, Instagram, and X (formerly Twitter) without obtaining the necessary synchronization licenses. APM is seeking up to $150,000 per infringed work, potentially totaling nearly $12 million.

Just Because It’s Everywhere Doesn’t Mean It’s Cleared

It’s easy to assume that if a song is trending on TikTok or Instagram, it's automatically okay to use. But that's only true for personal accounts using music within the platform’s terms of service – not for brand, business, or promotional use. Copyright law doesn’t distinguish between organic and paid content in this context.

Even if platforms don’t always have robust content ID systems (like YouTube does), rights holders are still watching, and in many cases, ramping up legal action when their work is used without permission.

What Counts as Commercial Use?

Commercial use isn’t limited to running paid ads. If you’re promoting a product, service, event, or brand in any way—even in an unpaid post—it likely qualifies. That also includes:

  • Influencer or ambassador content that features your brand
  • Collaborations and paid partnerships
  • UGC (user-generated content) that you repost or promote
  • Organic posts from your own brand accounts

In all of these cases, if the music used isn’t properly licensed, your brand could be liable.

A Safer, Smarter Approach: Use Licensed Music

The good news is, there are accessible, affordable, and ethical alternatives.

Track Club offers a fully-licensed catalog of high-quality music created by real artists, ready for use across all major platforms. Whether you're looking to match a specific vibe or ride the momentum of a social trend, Track Club makes it easy to find the right sound and stay legally protected.

  • Customizable tracks to fit your content perfectly, using in-app song editor MixLab
  • Pre-cleared for commercial use on TikTok, Instagram, YouTube, and more
  • Fair compensation to the artists and creators you’re supporting

Final Thoughts

Trends move fast, but your brand’s reputation and integrity last longer. Whether it’s a one-off post or a long-term campaign, using music responsibly helps you stay focused on creativity, not legal risk.

The bottom line? When it comes to music and social media, “everyone else is doing it” isn’t a defense. Make your content sing and stay safe with music that’s properly licensed.