Navigating Music Licensing in the Age of TikTok and Instagram

Why Small and Medium Businesses Need Experts Like Link Media Partners

Executive Summary

In today’s digital-first marketing landscape, platforms like TikTok and Instagram are essential tools for audience engagement. However, a rapidly growing trend threatens to cost businesses millions: unauthorized music use in social media posts. Recent lawsuits by major music companies such as Warner Music Group, Sony Music, and Universal Music Group have targeted businesses large and small for copyright infringement.

Small and medium-sized businesses (SMBs) are especially vulnerable due to limited legal resources and in-house expertise. Partnering with agencies like Link Media Partners, who understand the music industry’s legal and licensing complexities, is no longer optional—it’s vital.

The Risk: Music Copyright Infringement on Social Media

📌 Key Facts:

Music rights are complex and typically split between the sound recording and the composition.
Using music in commercial content or paid partnerships requires proper licensing—even on social media.
Fines for willful infringement can reach up to $150,000 per song.

🎯 The Common Thread:

Each case involved music used in brand-driven content, often via social media campaigns or influencer partnerships. The companies did not secure appropriate licenses, resulting in lawsuits with potentially massive financial consequences.

🚨 Notable Cases:

Crumbl Cookies vs Warner Music Group
- Accused of “massive scale” copyright infringement.
- Warner is seeking substantial damages over music used in TikTok posts.
University of Southern California vs Sony Music
- Targeted for using unlicensed music in promotional social media videos.
Chili’s (Brinker International) vs Universal Music Group
- Alleged use of copyrighted songs in Instagram ads.
DSW / Designer Brands Inc vs Warner Music Group
- Over 200 infringed songs in social and influencer content.
- Statutory damages may exceed $30 million.

Understanding Music Licensing Basics

To use music legally in commercial content, you must typically license both of the following:

Type of Right	Controlled By	Needed For
Sound Recording	Record Labels (e.g., Warner, Sony, Universal)	Using a specific artist’s performance
Musical Composition	Music Publishers or PROs	Using the lyrics and melody

✅ What You Need:

Sync License (for the composition)
Master Use License (for the recording)
Clearance for Influencer Usage (if third parties are reposting or promoting)

Using a song on social media, even if it’s just a few seconds, can be considered a public performance and synchronization, both of which require explicit licenses.

Why SMBs Are at Risk

Many small and mid-sized businesses:

Assume music used in TikTok’s or Instagram’s consumer-facing tools is legal for business use.
Delegate social media management to influencers or interns with no licensing knowledge.
Lack internal legal or entertainment law expertise.
Use third-party content (like memes or mashups) without checking rights.

⚠️ Big mistake: Even if music is available on TikTok or Instagram, business use is NOT automatically cleared.

How Link Media Partners Protects and Empowers Your Brand

✅ Who They Are:

Link Media Partners is a full-service agency with deep roots in the music industry, offering legal, strategic, and creative support for brands navigating the music and media space.

🎯 What They Offer:

Music Licensing Strategy & Execution

Securing sync and master licenses at favorable rates.
Navigating direct deals with labels and publishers.

Social Media Compliance Audits

Reviewing past posts for risk exposure.
Clearing music rights across your content.

Influencer Collaboration Oversight

Ensuring your influencers only use pre-approved tracks.
Drafting clear usage terms in contracts.

Content Creation Support

Sourcing royalty-free or licensed music.
Custom music production options.

💡 Why It Matters:

Link Media Partners isn’t just a general marketing firm—they’re insiders with:

Decades of music industry relationships.
Direct experience with major rights holders.
A proven track record of helping brands maximize budgets and avoid legal pitfalls.

Bullet Point Summary for SMB Owners

❌ Using popular songs in TikTok/IG without a license can lead to lawsuits.
🎵 Music rights are split and complicated—both recording and publishing must be cleared.
💸 Legal penalties are steep: up to $150,000 per song.
🛡️ Link Media Partners can negotiate licenses, audit your content, and protect your business.
🤝 Their expertise ensures your campaigns are legal, effective, and budget-friendly.
📈 Work with pros to leverage music safely and strategically in social and digital marketing.

Don’t Risk a $30M Mistake

Music enhances your brand—but the risks of using it improperly are too high to ignore. Instead of hoping you’re safe, get peace of mind by working with professionals who understand the landscape. For small and mid-sized businesses, Link Media Partners offers the rare combination of creative fluency, legal acumen, and industry relationships that keep your brand safe, smart, and successful.