Can vs. Should in Music Licensing

The hottest trend in social media right now is short videos. On many platforms, after you create one of these short videos, the app asks if you would like to add music. Most users who are also music fans click the music icon and don't think anything of it. So now, both platform and user agree this song should be synced with this video. But does the singer get a vote?

Much to the chagrin of the NBA, the answer is "yes" (or at least "in some cases"). About a dozen NBA teams currently find themselves in a lawsuit with music publishers for this very practice. What's easy to miss among all the terms of agreement is that this add music function is licensed by social media platforms for non-commercial use. In other words, when posting to promote a product or brand, the content creator needs to negotiate their own sync license, same as a traditional commercial (though it will be interesting to see if the music publishers ask the social media platforms to carry some liability for making it too easy for brands to add music to their commercial posts; it's not like Instagram and TikTok didn't know these profiles belonged to NBA teams, not regular folks).

So it's clear (or at least should have been clear) that while an average joe can use the add music function without paying more, billion-dollar sports leagues can't. However, what about accounts that blur the lines between personal and commercial? Social influencers, indie artists, college athletes with an NIL deal? These can be trickier, but Hannibal Legal is here to help. Contact us for a consultation. We can analyze your current posts, discuss your future plans, and help you stay in compliance.

You've created a lane for yourself, let us help you follow the rules of the road.

Blog posts do not constitute legal advice nor representation. Consult us or another attorney of your choosing before acting.