Can Brands Use Copyrighted Music in TikTok Reels?
Introduction
Using popular music in TikTok videos and Instagram Reels may appear harmless, especially when the platform itself offers the audio. The legal result changes, however, when the video promotes a business, product, service, influencer campaign, or paid partnership.
The central distinction is between personal, non-commercial use permitted by a platform’s audio library and commercial exploitation of copyrighted music requiring authorization from the appropriate rights holders. A platform’s technical permission to select an audio track does not automatically grant a business all copyright permissions required under Philippine law.
What Copyright Protects in Music
Music commonly involves at least two separate protected subject matters. The first is the musical composition, consisting of the melody, arrangement, lyrics, or other elements of the song. The second is the particular sound recording or recorded performance used in a video.
These rights may belong to different persons or entities. A composer or music publisher may own rights in the composition, while a record label or sound-recording producer may own rights in the recorded version. A performer may also have related rights over a fixed performance.
Musical compositions are protected as original literary and artistic works from the moment of creation, without the need for registration or publication. This rule is recognized in the Intellectual Property Code of the Philippines and applied in (“Cosac, Inc. v. Filipino Society of Composers, Authors and Publishers, Inc.”, G.R. No. 222537, 2023).
What Rights May Be Involved in a Short-Form Video?
A TikTok or Instagram Reel may implicate several exclusive economic rights, depending on how the music is used and distributed. These may include reproduction, synchronization with audiovisual content, communication to the public, public performance, and making the work available online.
Using a song as background music while recording a product demonstration may involve the incorporation of the music into a new audiovisual video. Uploading that video to a social-media platform may then make the work available to members of the public from a place and time individually chosen by them.
The Intellectual Property Code recognizes the right to authorize the making available to the public of performances fixed in sound recordings or audiovisual works through wire or wireless means. This right is expressly reflected in R.A. No. 10372.
The use of a sound recording may also require permission from the producer of that recording. Under Section 208 of R.A. No. 8293, producers of sound recordings have exclusive rights over acts such as reproduction, first public distribution, and commercial rental of their sound recordings.
Does a Platform Audio Library Automatically Permit Commercial Use?
No. The availability of a song within TikTok or Instagram does not, by itself, establish that the user has a commercial license for every possible use.
Platform music libraries may contain different categories of audio. Some tracks may be available for personal use only, while others may be cleared for business or commercial use subject to specified terms. The permission may also vary according to the user’s location, account type, campaign, platform, duration, territory, and method of distribution.
A business should therefore distinguish between:
- music available for personal or non-commercial posts;
- music cleared for business accounts or commercial content;
- original audio uploaded by another user, which may still contain protected music; and
- music separately licensed from the copyright owner, publisher, record label, performer, or collective management organization.
The presence of an “Add sound” or similar function should not be treated as a complete legal clearance for a sponsored video. The platform’s terms may allocate responsibility to the user for obtaining permissions when content is used commercially.
Why Sponsored and Brand Videos Require Greater Care
A post is more likely to be treated as commercial when it advertises or promotes a product, service, business, event, application, or paid partnership. Indicators include a brand brief, payment, affiliate arrangement, discount code, product placement, call to purchase, boosted distribution, or publication through a business account.
Commercial purpose does not depend solely on whether the video directly sells something. A brand-awareness video, influencer endorsement, recruitment campaign, or promotional announcement may also make commercial use of the music.
In (“Filipino Society of Composers, Authors and Publishers, Inc. v. Anrey, Inc.”, G.R. No. 233918, 2022), the Supreme Court held that playing radio broadcasts containing copyrighted music through loudspeakers in a commercial establishment may constitute a public performance requiring a separate license. The fact that the radio station had already paid royalties did not eliminate the establishment’s separate obligation where the music was communicated to a new audience.
The same principle is relevant to branded short-form videos. Permission obtained by a platform, broadcaster, or other intermediary does not necessarily cover the brand’s separate use, synchronization, advertisement, or redistribution of the music.
Public Performance and Communication to the Public
Philippine jurisprudence recognizes that music may be publicly performed or communicated to the public even when it is accessed through an intermediary medium. In (“Filipino Society of Composers, Authors and Publishers, Inc. v. Anrey, Inc.”, G.R. No. 233918, 2022), the Court treated radio reception transmitted through loudspeakers in restaurants as a public performance in the circumstances of the case.
In (“Icebergs Food Concepts, Inc., et al. v. Filipino Society of Composers, Authors, and Publishers, Inc.”, G.R. No. 256091, 2023), the Court likewise held that playing radio broadcasts containing copyrighted music through loudspeakers in a commercial establishment may constitute public performance or communication to the public requiring authorization.
These decisions do not mean that every private viewing or personal post automatically creates infringement. They do demonstrate that the commercial context, audience, manner of use, and purpose of the communication matter. A business cannot assume that low viewership, a small store, or the absence of an admission fee eliminates the need for authorization.
What Is the Difference Between Personal and Commercial Use?
| Personal use | Commercial use |
|---|---|
| A private individual posts a casual video without payment, brand promotion, or business purpose. | A business or influencer promotes a product, service, event, or brand. |
| The user relies on audio expressly made available for personal use under the platform’s terms. | The video is sponsored, boosted, used in advertising, or published for a commercial campaign. |
| The post is not repurposed outside the user’s personal account. | The content is reused on websites, advertisements, e-commerce pages, television, or other channels. |
| The music is not separately synchronized with promotional messaging. | The music is synchronized with product shots, slogans, calls to action, or brand imagery. |
This table is a general guide only. The actual permission depends on the license terms, the identity of the rights holders, the territory, the duration of the campaign, and the platforms where the video will appear.
Is a Short Music Clip Automatically Fair Use?
No. The fact that a video uses only a few seconds of a song does not automatically make the use lawful.
Fair use is an equitable limitation that permits reasonable use of copyrighted material for certain purposes. The analysis considers the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market.
Commercial advertising generally presents a weaker fair-use position than criticism, comment, news reporting, teaching, scholarship, or research. A short clip may still contain the most recognizable or commercially significant portion of a song.
In (“Filipino Society of Composers and Publishers v. Wolfpac Communications, Inc.”, G.R. No. 184661, 2025), the Supreme Court distinguished communication to the public from public performance and recognized that short song samples used for a pre-listening function may, in the circumstances of that case, fall under fair use because they informed potential consumers before purchase.
That ruling should not be read as a blanket exemption for branded TikTok or Instagram videos. A promotional video that uses music to attract attention, create mood, or sell a product is materially different from a limited pre-listening function designed to let consumers evaluate music before purchase.
Separate Permissions May Be Necessary
A commercial video may require clearance from more than one rights holder. Permission from one person does not necessarily authorize all other rights involved.
For example, a brand may need to address:
- the copyright in the musical composition;
- the copyright or related right in the sound recording;
- the performer’s related rights, where applicable;
- the right to synchronize music with video; and
- the right to distribute, communicate, advertise, or make the resulting video available to the public.
For audiovisual performances, the authorization of the author of the underlying work, performer, and producer may remain separate. Memorandum Circular No. 2026-006, the Philippine Regulations Implementing the Beijing Treaty on Audiovisual Performances, states that the rights of these parties are separate and distinct and that authorization by one rights holder does not imply authorization by the others.
Role of Collective Management Organizations
Copyright owners may assign or authorize a collective management organization to administer and enforce economic rights. In (“Filipino Society of Composers, Authors and Publishers, Inc. v. Anrey, Inc.”, G.R. No. 233918, 2022), the Supreme Court recognized the role of FILSCAP in enforcing rights assigned by composers, lyricists, music publishers, and affiliated foreign societies.
In (“Cosac, Inc. v. Filipino Society of Composers, Authors and Publishers, Inc.”, G.R. No. 222537, 2023), the Court held that copyright protection arises from creation and that an assignment of rights to a collective management organization does not require registration or publication in the IPO Gazette to be valid and enforceable between the relevant parties.
A business should therefore not assume that the absence of a copyright registration certificate means that music may be freely used. Registration is generally not the source of copyright protection for an original musical work.
What Should Brands and Creators Do Before Posting?
Before publishing a sponsored TikTok or Instagram Reel, the brand, agency, and creator should identify the intended use and confirm the scope of the available license.
- Classify the post. Determine whether it is personal, promotional, sponsored, boosted, or part of a paid campaign.
- Check the audio terms. Confirm whether the selected music is cleared for business or commercial use, not merely personal use.
- Identify the rights holders. Determine whether separate permissions are needed for the composition, lyrics, sound recording, and performance.
- Confirm the media scope. Check whether the license covers TikTok, Instagram, paid advertisements, websites, e-commerce pages, and reposting.
- Check the term and territory. Record the permitted countries, campaign period, number of posts, and permitted audience.
- Preserve proof. Keep the license, platform confirmation, correspondence, invoices, and campaign brief.
- Use cleared alternatives when uncertain. Commission original music, obtain a direct license, or use music expressly designated for commercial use.
Common Mistakes That Increase Legal Risk
- Assuming that a song is free to use because it appears in the platform’s music library.
- Using an audio track from a personal account in a paid brand campaign.
- Believing that using only five or ten seconds automatically avoids infringement.
- Relying on the creator’s personal permission when the recording or composition belongs to another rights holder.
- Repurposing a Reel or TikTok video as a paid advertisement without checking whether the original license permits advertising.
- Failing to remove or replace music after a license expires.
Possible Consequences of Unauthorized Use
Unauthorized use may expose the business, advertiser, agency, or other responsible party to civil remedies under the Intellectual Property Code. Depending on the facts, the copyright owner or assignee may seek injunction, damages, attorney’s fees, and other relief.
Where actual damages cannot be precisely established but infringement is proven, courts may award temperate damages. The availability of a remedy does not depend solely on whether the business is large or small. In (“Cosac, Inc. v. Filipino Society of Composers, Authors and Publishers, Inc.”, G.R. No. 222537, 2023), the Court rejected distinctions based merely on establishment size, number of speakers, medium used, or the absence of admission fees where the law itself made no such distinction.
A platform may also mute, restrict, demonetize, remove, or disable the video under its own copyright enforcement system. These platform consequences are separate from possible claims under Philippine law.
Final Observations
Personal audio access and commercial music licensing are not the same. A song available for ordinary TikTok or Instagram use may not be cleared for a sponsored Reel, paid advertisement, product launch, or business campaign.
The safest approach is to treat brand-related use as requiring documented commercial clearance unless the platform’s license clearly covers the precise use. Brands and creators should verify the composition, recording, synchronization, platform, territory, campaign duration, and advertising rights before publication.
When the license is unclear, use original music, commission a track, obtain a written commercial license, or select audio expressly cleared for business use. Written documentation is especially important when the content will be boosted, reused, or distributed beyond the original social-media post.
About Nicolas and De Vega Law Offices
Nicolas and de Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com.
