Music has always been an integral part of our lives, and its use in social media content has become increasingly popular. However, many brands have been hit with multimillion-dollar lawsuits for unwittingly using popular songs in social media posts without proper licensing. This recent wave of enforcement has picked up during the COVID-19 pandemic, when record labels and publishers began to sue major league sports teams for failing to scrub stadium music from game highlight posts.
Copyright Enforcement Hits Major Industries
The sports industry has been particularly hard hit, with several major brands facing lawsuits over music licensing. For example, 14 NBA teams, including the Knicks, Cavaliers, Nuggets, and Timberwolves, have been sued for using live popular music in game highlight clips without permission. Rightsholders have sought tens of millions in damages.
- University of Southern California
- Gymshark
These brands often fail to understand the unique and complicated requirements of music licensing. They may play music in venues under a “Public Performance License,” which allows music to be played in public places, but this does not automatically mean that the same song can be used for other purposes, including online or in social media posts.
Why is this happening?
Adding music to social media content seems like a common and creative strategy to create engaging content, but the brands that do this often fail to fully understand the unique and often complicated requirements of music licensing. This can lead to serious consequences, including lawsuits and financial losses.
Common Music Licensing Mistakes
There are several common mistakes that brands make when it comes to music licensing. Some of these include:
- Clearing music for live usage, but not for posting
- Using music cleared for general use on media platforms for commercial purposes
- Assuming that music licenses translate between media platforms
- Failing to maintain clear communication about music licenses across teams
These mistakes can lead to serious consequences, including lawsuits and financial losses. Brands must take the time to understand the requirements of music licensing and ensure that they are using music correctly.
How Brands Can Protect Themselves Against Copyright Infringement
There are several ways that brands can protect themselves against copyright infringement. Some of these include:
- Engaging with their legal counsel to understand licensing requirements and potential legal exposure
- Implementing music flagging and license tracking technologies
- Purchasing a production music library license
- Purchasing music and media liability policies from their insurance providers
By taking these steps, brands can reduce the risk of copyright infringement and protect themselves against serious consequences.
Conclusion
Music licensing mistakes are a serious issue for brands, and it’s essential that they take the time to understand the requirements of music licensing and ensure that they are using music correctly. By taking the necessary steps to protect themselves, brands can reduce the risk of copyright infringement and protect their reputation.
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