Music labels crack the whip as influencers flout copyright rules on social media

Despite Meta’s clear policies restricting the use of licensed music to non-commercial posts, influencers routinely embed trending tracks into branded Reels, often to game the algorithm and boost reach. But music companies have had enough.

“Yes, it is unlawful for influencers to use published songs in promotional or sponsored posts on social media without proper clearance," said Viral Jani, chief revenue officer at Universal Music Group India and South Asia. “When influencers use music in organic, day-to-day content, it usually falls within the platform’s UGC (user-generated content) licence. But the moment a brand is involved — through a paid promotion, product placement or endorsement – that becomes commercial use, and a separate licence is required."

Also read | Indian influencers to drive $1 trillion consumer expenditure by 2030: BCG report

While music is often seen as an engagement hack, Jani said this isn’t just about legal compliance but about fairness. “We fully support creator culture and music discovery. But the commercial use of music must respect the rights of artists, songwriters and producers. Otherwise, the creative ecosystem becomes unsustainable."

Jani added that UMG takes a “two-pronged" approach – proactive education and strict enforcement. “We issue takedown notices and formal infringement claims the moment we identify unauthorised use. We also reserve the right to pursue legal remedies, including damages and unpaid licensing fees," he said. “But we also believe in engaging with creators, because many may not even realise that branded posts require separate permissions."

Meta introduced its licensed music library in 2017 for user-generated content, but explicitly barred its use in monetised posts. While influencers can use this music for personal posts, doing so in brand collaborations violates Meta’s terms. Unlike YouTube, which shares ad revenue with creators and allows copyright strikes, Meta’s monetisation is largely brand-led, a grey area many creators exploit. 

A YouTube spokesperson said, “We work hard to balance the rights of copyright holders with the creative pursuits of the YouTube community. It’s not up to YouTube to decide who ‘owns the rights’ to content, which is why we give copyright holders tools to make copyright claims and uploaders tools to dispute claims that are made incorrectly."

Queries sent to Meta did not elicit a response. 

A growing problem

In April, Sony Music dragged Myntra to the Bombay High Court for copyright infringement, demanding ₹5 crore in damages. Marriott, Epigamia and others have also faced similar legal action, as Mint reported in March.

This growing friction has sent a chill through influencer marketing circles. Research suggests nearly 80% of influencers use copyrighted music in branded content. “This is largely driven by platform algorithms favouring trending audio," said Shudeep Majumdar, co-founder and CEO of Zefmo.

Also read: From Dubai to Bastar, tourism boards embrace influencers to attract travellers

“But the bigger issue is the lack of creator awareness and India’s outdated copyright framework. Now that music labels are stepping up enforcement, brands and agencies need to vet influencer content more tightly. Education around IP compliance is no longer optional — it’s a business necessity."

Lawyers agree. “Under Meta’s guidelines, influencers cannot use the licensed music library for commercial purposes like brand promotions," said Aditi Verma Thakur, an IP lawyer and partner at Ediplis Counsels. “Copyright law allows music labels to pursue legal action when such works are used commercially without permission."

Few know about legal alternatives

There are legal alternatives, though few influencers are aware of them. “Meta offers a royalty-free Sound Collection for commercial posts. But most creators don’t bother," Thakur said. Jani added that music labels themselves are open to structuring legal partnerships with creators and brands.

“We understand why brands want to use trending tracks – they add emotion, virality and cultural cachet. That’s why we often work with brands to create legal licensing deals that unlock not just the track, but also promotional value and artist tie-ins," Jani said. “It’s a win-win when done right, and artists are respected and compensated."

Also read: Brand-influencer court battles set the boundaries for creators

But enforcement remains selective. “Music labels get more infringement complaints than they can act on daily. So they prioritise the ones that hurt them the most," said Aditya Gurwara, co-founder of Qoruz.

“In fact, global music used in India by smaller influencers often goes unnoticed, but that could change overnight. It’s a legal minefield, and the onus is now clearly on creators to tread carefully," he added.

As influencer content continues to blur the lines between personal expression and paid promotion, music labels are drawing a hard line. This time, creators may have no choice but to play by the rules.