Is it legal to use copyrighted music in Sponsored Posts? Learn the Indian copyright rules, risks, and legal tips for influencers using music in paid collaborations.
With the exponential rise of social media platforms like Instagram, YouTube, and TikTok in India, influencer marketing has become a major force in digital advertising. From fashion bloggers to tech reviewers, influencers often use popular music tracks in their posts to increase engagement and reach. But a pressing question arises: Can influencers legally use popular songs in their sponsored posts without obtaining prior permission or clearance?
Is It Legal to Use Copyrighted Music in Sponsored Posts?
Can Influencers Use Popular Tracks in Sponsored Posts Without Clearance? The short and direct answer: No, not without proper clearance or licensing.
With the explosive growth of influencer marketing on platforms like Instagram, YouTube, and TikTok in India, many creators are using popular tracks to increase engagement. But when it comes to copyrighted music in sponsored posts, legal issues come into sharp focus.
If you’re wondering “Is it legal to use copyrighted music in sponsored posts?”, this blog explains everything you need to know — from Indian copyright law to real case studies and best practices for compliance.
Why Music Is a Game-Changer in Sponsored Content
Music is more than just background — it shapes emotion, builds atmosphere, and increases shareability. Influencers often use popular or trending songs to:
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Tap into current viral trends
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Increase video views through platform algorithm boosts
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Boost emotional appeal and storytelling
But here’s the catch: Sponsored posts are considered commercial use, and that changes everything from a copyright perspective.
Copyright Law in India: The Legal Framework
Under the Copyright Act, 1957, all musical works — including lyrics, compositions, and sound recordings — are protected. Typically, the rights belong to:
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Music labels (e.g., T-Series, Sony Music, Universal)
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Lyricists and composers
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Publishing companies
Two types of rights matter most here:
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Synchronization Rights – permission to sync the song with a video
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Master Rights – permission to use the actual recording
Even if a track is available in Instagram’s or TikTok’s music library, it does not automatically permit commercial use for paid collaborations.
👉 Read: What is Fair Use in Copyright Law in India? Explained
Sponsored vs. Organic Content: The Legal Distinction
Platforms offer music libraries for creators, but the usage is typically limited to personal and non-commercial content. If you’re posting sponsored content — for instance, where you are paid or compensated with products/services — that qualifies as commercial use and requires proper licensing.
This is the critical point influencers and brands often overlook.
Real Cases and Legal Risks in India and Globally
1. T-Series vs. Indian YouTubers
In 2020, numerous Indian YouTubers received copyright strikes from T-Series for using their songs in monetized videos. Even background music triggered takedowns or demonetization.
2. Universal Music vs. TikTok Creators
In early 2024, Universal Music pulled its catalog from TikTok due to licensing disputes. As a result, countless videos by influencers — including branded content — were muted or removed.
3. Brands Held Liable
In several global cases, brands were held vicariously liable for unlicensed music used by influencers in campaigns. This legal doctrine is applicable under Indian IP laws as well.
Legal Penalties for Copyright Infringement in Sponsored Posts
Violating copyright laws in India can lead to:
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Injunctions – Court orders to remove infringing content
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Monetary Damages – Financial penalties imposed by rights holders
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Criminal Charges – Under Section 63 of the Copyright Act, imprisonment up to 3 years and/or fines up to ₹2,00,000
Even unintentional infringement in commercial content can invite legal action.
How Influencers Can Use Music Legally in Sponsored Posts
✅ Use Royalty-Free or Licensed Music
Platforms that offer safe-to-use music include:
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Epidemic Sound
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Artlist
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YouTube Audio Library (for monetized videos)
✅ Obtain Direct License from Rights Holders
If a specific popular track is required for a sponsored post, either the influencer or the brand must obtain a proper license for sync and master rights.
✅ Be Cautious with Platform Music Libraries
Tracks in Instagram or TikTok’s library may only be cleared for personal use — not for paid promotions. Always verify commercial usage rights.
✅ Disclose Sponsored Content Properly
As per ASCI Guidelines and the Consumer Protection Act, 2019, influencers must clearly disclose paid or sponsored posts to maintain transparency and avoid regulatory penalties.
Advice for Brands and Influencer Marketing Agencies
For brands and agencies running influencer campaigns in India:
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Review all music used in branded posts
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Avoid generic assumptions about platform libraries
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Add copyright compliance clauses in influencer agreements
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Provide a list of pre-approved or pre-cleared tracks
This avoids legal exposure and builds long-term credibility.
Final Thoughts: Don’t Let a Song Ruin Your Sponsored Campaign
Using popular songs may give your post a viral boost, but it can also land you in legal trouble if you don’t have the rights. Influencers and brands must approach copyrighted music in sponsored posts with caution, especially in India where laws are getting stricter and enforcement is rising.
When in doubt, consult an IP lawyer to stay safe and compliant, because virality should not come at the cost of a lawsuit.
📩 Need help? Lawfluencers can be contacted at hello@lawfluencers.com for any specific legal concerns or personalized legal consultations.
This content is for general informational purposes only and does not constitute legal advice.