Can Influencers Use Popular Tracks in Sponsored Posts Without Clearance? Learn the legal risks, real examples, and copyright rules in India.
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?
Can Influencers Use Popular Tracks in Sponsored Posts without Clearance?
The Short Answer: No, not without permission.
Let’s dive into why that’s the case, the legal framework behind it, real-world examples, and what influencers should do to stay compliant.
Why Music Matters in Sponsored Content
Music plays a vital role in enhancing the emotional and aesthetic appeal of content. Influencers use trending tracks to:
-
Ride the wave of virality
-
Tap into current trends
-
Increase viewer engagement and reach via platform algorithms
However, using music in sponsored content—posts that involve a commercial arrangement or payment—carries a higher legal threshold than personal or non-commercial posts.
Understanding Copyright in Music
Under the Copyright Act, 1957 (India), any musical work, including lyrics and compositions, is protected. The rights are typically held by:
-
Music labels
-
Composers or lyricists
-
Publishing companies
There are two main rights to consider:
-
Synchronization Right – the right to use a musical composition in timed relation with video.
-
Master Right – the right to use the specific recording of that composition.
Even if a track is available on platforms like Instagram Reels or TikTok, using it in a paid or sponsored post may require explicit clearance from the rights holders.
Sponsored Content vs. Organic Content
Most platforms offer a “music library” that users can access for free. However, this is typically for personal, non-commercial use.
If you’re posting sponsored content, i.e., where you are being paid or given free products/services in exchange for promotion, the use becomes commercial. This shifts the legal requirements.
Real-World Examples and Legal Risks
1. Case of T-Series Music and YouTubers
In 2020, several Indian YouTubers received copyright strikes from T-Series for using their songs in monetized content without a license. Even background usage led to demonetization or removal of videos.
2. Universal Music vs. TikTok Creators (Global Context)
Universal Music pulled its catalog from TikTok in early 2024 citing licensing disagreements. Many influencers found their content muted or removed due to the sudden change in licensing terms.
3. Brands Held Liable
In some cases, brands have been held liable for copyright infringement when their influencer marketing campaigns used unlicensed music. This is particularly relevant under vicarious liability in IP law.
Penalties for Copyright Infringement in India
Under Indian law, using copyrighted music without authorization can lead to:
-
Injunctions: Court orders to remove the infringing content.
-
Damages: Compensation claims by the copyright holder.
-
Criminal Liability: Under Section 63 of the Copyright Act – imprisonment up to 3 years and fines up to ₹2,00,000.
Even unintentional infringement in commercial posts can attract legal action.
How Can Influencers Stay Safe?
1. Use Royalty-Free or Licensed Music
Use platforms like:
-
Epidemic Sound
-
Artlist
-
YouTube Audio Library (for monetized videos)
2. Obtain Direct License
If a brand wants a specific song in a campaign, ensure the brand or influencer obtains the license directly from the copyright holder.
3. Use Platform-Specific Tools Carefully
Even if a track is available in Instagram’s music library, confirm whether it’s permitted for commercial/sponsored use. When in doubt, avoid it.
4. Disclose Sponsored Content Clearly
According to ASCI Guidelines and the Consumer Protection Act, 2019, proper disclosure of sponsored posts is mandatory in India.
Implications for Brands and Agencies
Brands collaborating with influencers must ensure that music usage is compliant to avoid:
-
Reputational risk
-
Take-down notices
-
Potential lawsuits
Agencies should add copyright compliance clauses in influencer contracts and provide a list of pre-cleared tracks.
Conclusion
While using trending songs may boost the visibility of sponsored posts, doing so without proper clearance can land influencers and brands in serious legal trouble. As the influencer economy matures in India, understanding and respecting copyright laws is essential.
When in doubt, consult an IP lawyer before using any third-party music in your branded or sponsored content.
đź“ž Have Questions or Need Help?
Lawfluencers can be contacted at hello@lawfluencers.com!
This content is for general informational purposes only and does not constitute legal advice.