A Popular Instagram Sound in a Brand Ad: an Innocent Trend or Copyright Infringement?

Legal status as of 15 September 2026. Translated by the Blogger Bank editorial team from the Polish original.

"But I picked this sound from Instagram" – that is not the full answer

Instagram and TikTok have made adding music to a video a matter of seconds. From the user's perspective, the track simply "is in the app". From a copyright perspective, however, behind that button stands a system of licences concluded by the platform with the rights holders.

The scope of those licences does not have to cover every business use. Meta states plainly that music from Instagram's licensed library is intended for personal, non-commercial use, and that some business accounts and post types have limited access for that reason. For commercial uses Meta provides, among other things, the Sound Collection.

The conclusion is simple: a song being available in the app is not the same as a global marketing licence for the brand.

There is more than one right in music

A popular song is not just one "work". A typical recording may involve rights to the composition and lyrics, rights to the specific sound recording and performers' rights. Depending on the use, the required consents may come from different parties.

What matters most for a marketer is that permission to listen or for users to create ordinary reels does not automatically grant the right to synchronise the recording with a brand ad in any medium.

That is why buying the rights to the video itself from an influencer does not solve the music problem. The creator may hold the rights to the recorded footage, but not the right to license the brand a musical work added from the platform's library.

The most common problem: an organic reel turns into a paid ad

The scenario looks innocent. An influencer prepares a reel in collaboration with a brand and adds a trendy track. The material performs very well. So the brand asks: "great, let's run this in ads".

This is exactly the moment to check the music rights. The scope of the licence may differ for an ordinary post on the platform, for branded content, and again for paid advertising, whitelisting or use of the material outside the platform.

The safest model for a campaign that is meant to go into paid media from the outset is to choose music intended for commercial use or to obtain a separate licence. If the brand does not know at the start whether it will promote the material, it is worth also preparing a "clean" version – without music or with a track whose rights are properly secured.

Instagram: the music library and the Sound Collection are not the same thing

Meta explains that its agreements with music rights holders in the licensed library are designed with personal, non-commercial use in mind. That is why some business accounts do not have access to the full library.

For commercial uses Meta points to the Sound Collection – a library of tracks and sounds that can be used, among other things, in ads. This does not mean that every use of any track from the Sound Collection is identical; it is always worth checking the platform's current terms and how the campaign will be distributed.

If an influencer has full access to music on a creator account and the brand does not have it on its business account, this restriction should not be bypassed by recording the material on the creator's account and automatically assuming that the brand has thereby obtained broader rights.

TikTok: the Commercial Music Library has its own limits

TikTok runs a Commercial Music Library intended for commercial use. The platform indicates that businesses should use this library in organic content, branded content and ads on TikTok.

At the same time, the CML terms contain an important restriction: commercial use of these sounds is licensed within TikTok. Using a video with this music outside TikTok – e.g. in an ad on Instagram, on the brand's website or on television – may require separate permission from the rights holders.

This is particularly important in "one asset, many channels" campaigns. The same video file cannot always be legally copied from TikTok to every other platform together with its sound.

Who should check the music: the influencer, the agency or the brand?

The worst model is one in which everyone assumes someone else has done it. The influencer believes that since the brand approved the reel, the music is fine. The brand believes the influencer chose the track legally. The agency takes the finished file and sends it to the media buyer.

In the contract or brief it is worth clearly stating who chooses the music and who is responsible for making sure that the scope of the licence matches the planned use. If the brand plans paid media, it should pass this information on before production, because it affects the choice of soundtrack.

Another good solution is an obligation for the creator to deliver a version without music if the soundtrack was added directly in the app. The brand can then use the clean material and pick music from its own licensed library.

What about trending "original audio"?

The name "original audio" can be misleading. The sound may come from a user, contain a fragment of a protected song, dialogue from a film, a podcast, another person's voice or a mix of several elements. The mere fact that the platform lets you use a sound does not guarantee that its commercial use is safe.

For a brand campaign it is therefore worth establishing the source of the audio. If a trend is based on someone else's recording, do not assume that "viral" means "royalty free". The bigger the media budget and the wider the distribution, the more it pays to verify this element before publication.

Four clauses that solve most music problems

First: the parties agree who chooses the music. Second: the creator knows whether the material is to be used only organically or also in paid media. Third: the contract separates the rights to the content from the rights to third-party elements – music, stock footage, fonts or templates. Fourth: the brand may request a version without the soundtrack.

For larger campaigns it is worth adding a procedure for non-standard tracks: who obtains the licence, for which media, territories and for how long. This is much simpler than taking down an effective ad after a demand from the rights holder.

Music is a good example of why the clause "the brand acquires all rights to the reel" does not always give the brand everything it needs. Owning the rights to one element does not remove third parties' rights to the others.

A trend lasts 15 seconds. The consequences may last longer

In social media speed matters. A trend can disappear in a few days, so marketing teams do not want to launch a weeks-long legal procedure for every reel. The solution, however, does not have to be blocking trends.

The best teams have a simple split: music from an approved library – green light; paid media – an extra check; a track from outside the library or cross-platform use – a licence check. Such a process can fit on a single page of rules for creators and account managers.

If a campaign has a large budget, the material is to be used for many months or the brand wants to use a popular track on several platforms, it is worth checking the licence before launch. A lawyer does not have to choose the music for the creatives – they only need to say which doors are really open.

About the author

Natalia Łukawska – attorney (adwokat), founder of Influ na Legalu. She advises influencers, marketing agencies and brands on contracts, advertising, copyright and running influencer marketing campaigns, including in regulated industries and the beauty sector.