Can You Use That Famous Song?

What to know about using music in your listing videos.
Background

Probably not, or at least you probably shouldn’t.

Business vs. Personal

Social media platforms like Instagram and TikTok make it easy to add music to your posts, but generally there are two separate pools of music approved for business and personal use. A much larger set of songs is available for non-commercial use, but anything that serves a business purpose—like a listing video—has to stick to commercial-use material. And posting from a personal or creator account doesn’t fix it. If the post promotes your business, it’s commercial. While the commercial-use catalogs on platforms make it easier to find approved music, remember that those approvals and licenses can change.

But Someone Else Is Doing It

Enforcement can be spotty, so you may see other agents using famous music, but they run significant risks. At a minimum, if they use music that isn’t appropriately licensed, it could be muted and the post could be suppressed. The greater concern, though, is that they could be caught up in a lawsuit at some point. Major record companies have started suing businesses over unlicensed music in promotional social posts and the trend is likely to continue.

Look for Sound You Can Take With You

Whatever music permissions a platform gives you end at that platform. So, even if you chose from the commercially licensed music selection on TikTok, that license doesn’t cover use elsewhere, like on your website, YouTube channel, emails, or other socials. If you want to reuse the same videos in multiple places, consider using your own ambient sounds and voiceovers. Other options include commissioning music, using separate soundtracks within each social platform, or buying a stock music license that covers all your uses.



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