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How to Use Copyright Music on Instagram

How to Use Copyright Music on Instagram

If you’ve ever wanted to use copyright music on Instagram, you’ve likely struggled to find the real facts. Some places suggest freedom with credit, while other information says otherwise. That’s made even more complicated by changing rules and Instagram features over the years.

Today, we’re giving you ALL the rules and requirements to use copyright music on Instagram. We’ll also break it down by feature, so you can find all the details you need to create Instagram videos with music!

The contents of this post do not constitute legal advice and are subject to change. Always pay attention to Instagram’s direct insight and any in-app suggestions or restrictions. The nature of copyright music is ever-evolving, and the best advice is only to use music you have the rights or correct license for.

How to find music for Instagram

When artists make music, they (and their labels) want to make money from their work. The law also agrees that the creator should be paid. Most platforms, including Instagram, have strict rules against using copyrighted material that you do not have the right to use. In some cases, platforms make deals with rights holders to pay them a flat rate, allowing copyrighted content to exist on their platform.

Instagram has made several deals with the music industry to allow some use of copyright music on the platform. While the specifics of those deals are confidential, there are some guidelines to follow in an announcement by Instagram from May 20, 2020.

  1. Music recorded from live performances is permitted. If you attend a concert and share Stories, Reels, posts, videos, or Instagram Live videos of the gig, you should be okay. 'Music in Stories' is permitted wholly.
  2. Using too many full-length recorded tracks may limit your ability to broadcast live. If you’re streaming on Instagram Live and playing track after track, you might find your broadcast terminated.
  3. In general, video clips containing music should be short. While there is no clear answer on what 'short' means, aim for short-form content when in doubt.
  4. You should always have a video component when using copyright music on Instagram. Just playing songs with no visual element isn't permitted.
  5. Music may not be allowed in some countries. While music is available for Instagram in 90 countries, some places do not currently hold the rights, and might render these guidelines irrelevant in your area.
Use copyright music on Instagram
Yes, you can use music in Instagram Stories. Stories allow you to use both recorded and live music performances – the only exception is countries where music usage is currently limited. Your content should include a visual component.

Yep, you can use music in Reels. Revealed in August 2020, Reels has a built-in music library and is the preferred platform for music use. Reels are short-form pieces of content, which line up with Instagram's agreements made with rights holders. Using music on Instagram Reels also requires a visual component.

You can conditionally use copyright music on Instagram Live video. Live performances of artists are permitted, so they're your safest bet. Streaming full-length recorded tracks may result in your stream being limited or even terminated; the more full-length tracks you play, the likelier your chance of being restricted. As always, you should have a strong visual component when using copyright music on Instagram Live streams.

Use copyright music on Instagram

Can I get banned for playing music on Instagram Live?

While Instagram Live videos are only available at the time of broadcast, it doesn’t mean you can use copyright music without consequence. If you don’t have the correct license to use the track, you could end up in trouble.

If you fall on the wrong side of copyright law during an Instagram Live stream, you’ll receive an automated pop-up message. This basically serves as a warning, giving you the chance to stop playing the music or change it to something you’re cleared to use.

This process is automated, so mistakes can be made. If you don’t comply with the message, though, your Instagram Live video can be muted or even stopped.

Timeline video posts allow copyright music use, as long as you meet certain conditions. The music clip should be short, it requires a video component, and you should credit the artist. It's worth noting that you'll have more leeway when using recordings of live performances.

This is, unfortunately, an urban myth. While giving credit to songwriters, artists and rights holders is a nice thing to do, it doesn’t get you out of hot water. Even if you credit them, you still need a valid license or hold the rights to use their copyright music on Instagram.

There’s no sure-fire way to look at a song and see if it’s copyrighted. You can search for individual songs’ copyright status, but as a rule of thumb, you should assume that you need to obtain a license to use it on Instagram. There are a few exceptions here, namely:

  • If the song is your own, and you own all the necessary rights. 
  • If the song is explicitly labeled as ‘in the public domain.’ This music has no ‘official’ owner and can be used how you wish. You can find a list of songs in the public domain here, which you can use for Instagram music.
  • If the track’s copyright protection has ended. For songs published in the USA during or after 1978, copyright protection remains for 70 years following the death of the last surviving author’s death. For music released before that period, copyright protection remains for 95 years after publication. Following this, the track becomes public domain.

What do you do when Instagram blocks your video?

If you’ve done everything by the books and Instagram still blocks your video, don’t sweat it. Accidental copyright strikes and takedowns happen quite often, purely because Instagram uses an automated system to scan content for music. There aren’t real people trawling through each post, so accidents aren’t uncommon.

Use copyright music on Instagram

Occasionally, Instagram can block, mute or remove content even if you’ve stuck to the rules and haven’t done anything wrong. You can easily appeal this decision, though. Just follow the below steps:

  • Head to the notification menu, then click on the message telling you that your video has been blocked, muted or removed.
  • You should be given details about who’s flagged your content, and why. If the rights owner has reported you for copyright infringement, their details and reasoning should be available. 
  • Read the notice saying you actually do have permission to share everything within the video, and click ‘I agree.’
  • Hit the ‘Appeal’ button. You can expect a decision within 24 hours, and if you’ve followed the rules and have the right to use the copyright music in your content, Instagram should remove all restrictions.

If you’re in a country that doesn't currently allow the use of copyright music on Instagram, there are ways to use songs in your videos. Options include collaborating with artists, seeking the rights for individual songs, or paying for royalty-free tracks.

Collaborate with artists

Collaborating with artists is a great way to get access to their music. If they own the rights to their songs, they can grant you a license – perhaps for free. This allows you to use their music in your videos without worrying about breaking the rules. The best artists to collaborate with are smaller, up-and-coming artists or local groups. Twitter, Soundcloud and Bandcamp give you plenty of ways to discover smaller artists whose music may fit with your videos!

Seek to license individual songs

If you want to use a specific song in your video, you can always seek a license. Licensing individual, mainstream songs can be expensive, but worth it if you have something big planned. Licensing services will differ based on the country you’re in, but some examples are as follows:

United States

ASCAP, BMI or SESAC

Latin America

ACEMLA

Canada

SOCAN

United Kingdom

PRS or PPL

Australia

APRA or PPCA

Pay for royalty-free tracks

The best place to find royalty-free tracks to use on Instagram is with Epidemic Sound. Our catalog contains more than 35,000 unique tracks in every genre imaginable, and more than 90,000 sound effects. Best of all, every song's available for your Instagram content for one affordable monthly rate. Check out the 30-day free trial below!

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How to Use Copyright Music on Instagram
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