Bloomberg..
The music industry’s legal crackdown on brand owners that use unlicensed songs in social media posts sends a warning for companies looking to capitalize on the explosive growth of TikTok Inc. and other short-form video sharing platforms.
The upstart energy drink maker Bang achieved enormous marketing success through its aggressive and flashy social media strategy that used popular influencers to advertise its drinks on TikTok and Instagram Reels.
But the company didn’t obtain a license to use the music in more than 100 of its videos, and it was hit with copyright lawsuits from all three of the major US record labels. A federal judge this year ruled in favor of the labels in two of those cases.
Other social media-driven brands are facing similar liability. Labels and publishers under Warner Music Group Corp. recently sued UK-based makeup and skincare company Iconic London Ltd. for copyright infringement based on TikTok and Instagram posts.
“There’s an assumption that just because music is available on a social media platform through one of its music libraries, that availability means it must be permissible to be used in any capacity,” said Robert Freund, an attorney specializing in advertising and social media marketing. “That’s not the case.”
TikTok, which has more than a billion monthly active users, first rose to popularity for its “hashtag” challenges and viral dance trends synchronized to the top music hits of the day.
Read more at https://news.bloomberglaw.com/ip-law/tiktok-music-lawsuits-fire-warning-shots-to-brands-influencers