Agencies know that launching a brand campaign can be fast, exciting, and a tad chaotic. Adding influencers into the mix only makes things more complicated, and details can easily get lost along the way. It is no surprise, then, that agencies sometimes find themselves in hot water for unauthorized sounds being used in TikTok posts.

Copyright law is complicated, but TikTok is a necessity. This article will break down the essentials of what agencies need to know about using popular and trending sounds (AKA the standard sound library) to promote a brand.

What are the different types of TikTok accounts?

There are two primary types of TikTok accounts – Personal and Business. There is also a sub-category of a “Creator” Account, which is a personal account that has gained enough notoriety to join the TikTok Creator Marketplace.

Personal Accounts. A Personal account is just that – it’s personal. Content can range from “get ready with me” clips to instructional videos on how to change car oil. When a Personal account has acquired 10,000 followers, that account can be monetized and participate in the Creator Marketplace.

Creator Accounts. The Creator Marketplace not only allows Personal accounts to collect funds from TikTok directly, but it also connects brands with creators (influencers) to foster the promotion of products and services. As agencies know, connecting with these creators is essential for many brand campaigns.

Business Accounts. A Business account is one used for the promotion of brands, products, and services. A Business account user will quickly notice, however, that the Business account sound library is dismal.

Who can/cannot use the standard sound library on TikTok?

Personal account users can use the standard sound library as long as those sounds aren’t used for commercial purposes. If a sound is used commercially – e.g., promoting a business, brand, products, or services – the standard sound library cannot be used. Why? Because all of these sounds, via TikTok’s Terms of Service, are licensed only for non-commercial use. Once these sounds are used for commercial purposes, the license no longer protects the usage. This means that the sound can be removed, the video can be taken down, and the sound owner can initiate a copyright dispute against the user.

An agency is using an influencer to promote a brand, and the influencer has a personal account. Can they use the standard sound library?

Not without permission from the sound creator. Unfortunately, it doesn’t matter what type of account is used or whether or not the influencer owns the brand being promoted. Once a sound from the standard sound library is used for commercial purposes, the license is violated, and copyright infringement has occurred.

Can a trending sound be licensed?

If an agency or brand can obtain a license agreement or other (legitimate) written permission from the sound creator, then the sound can be used for commercial purposes. The video poster will likely have to submit proof of the license to TikTok or otherwise agree to a statement saying that all permissions have been obtained.

Agencies must pay attention, though, to territories, time frames, and other restrictions on the use of the sound. It might be licensed to post on TikTok, but maybe not for more than 3 seconds.

Licenses are a hassle – can a creative team produce a new version of the sound?

It depends. The line between “inspired by” and “copy of” can get murky. In general, it is safest to take the essence of what makes a trending sound popular (upbeat music, comedic timing, use of different voices, etc.) and create something entirely original.

Who is responsible if an unauthorized sound is used?

Fingers are going to point everywhere. Did a hired influencer use a sound without telling the agency? Did the agency give the influencer a sound that was not properly licensed? Did a brand forget to finalize the license agreement before giving an agency the green light? There are so many steps in the content creation process that it is often difficult to pinpoint where the blame lies. This is where a legal team comes in to sort out the details.

How does an agency protect itself from unauthorized uses of sounds?

There are two main ways an agency can protect itself. The first is to use the TikTok Audio Library, which is full of royalty-free sounds that have been cleared for commercial use. Using one of these sounds in a campaign is a great way to prevent infringement.

The second way is via contracts. An agency needs clear language in its influencer contract that prohibits the use of unlicensed sounds. The contract should also state that, in the event of unauthorized usage, the influencer will take the TikTok down immediately and rectify the situation. The agency may even include a liquidated damage clause for instances where the influencer is particularly careless.

In an agency’s contract with a brand, a clause should state that, whenever the brand provides sound (or other creative) directives to the agency, the brand guarantees these directives are not going to infringe on third-party copyrights. If they do infringe, that is the brand’s sole responsibility.

But lots of brands use trending sounds!

These brands have either licensed the sound they are using, or they are flying under the radar – for now. Modern technology can scour the web for infringing clips of sound and report the findings back to lawyers whose sole purpose is to send out copyright infringement notices.

Is it worth it to take the risk and post the sound regardless?

Unless an agency has money to burn and wants to conduct a risky legal experiment, copyright infringement is never worth the risk. Damages can range from $750 – $30,000+, even for minor infringements. Bottom line? If an agency is not sure a sound is safe to use, it should come up with another plan!