The risks of social media music licensing, explained by a legal expert
Mona Simonian, partner at U.S. law firm Pryor Cashman, explains how brands can license music safely on social media.
Music is more than just background noise for brands. It builds their identity, sculpts emotional moments, and drives customer engagement — it makes them who they are.
But as branded music use across social media is now commonplace, the legal landscape has become more complex. Missteps can lead to lawsuits, disrupted campaigns, and reputational risk.
Mona Simonian, partner at U.S. law firm Pryor Cashman, has witnessed this shift first-hand. Pryor Cashman has represented music clients for over 50 years, taking on cases from the vinyl era to the streaming boom.
As part of Epidemic Sound’s webinar, Why music on social is putting brands at risk, Simonian covers the essentials. Keep reading as she walks through the challenges, clarifies the responsibilities, and provides insights for brands navigating music licensing in 2025.
We’re seeing more disputes and lawsuits involving music rights. What’s changed in the legal landscape?
“Generally, the law tends to lag behind technology,” says Simonian. “Laws are written for specific scenarios, but technology and marketing practices change, creating new challenges. Brands are becoming very creative in how they promote themselves, including using influencers. The law is now being tested against these new uses.”
She explains that historically, music use in content was less fragmented — a marketing campaign was perhaps limited to a television commercial. While licensing was still complicated, there were fewer media touchpoints and pieces of content to produce, clear, publish, and monitor. Nowadays, multiple soundtracked posts are published across platforms, and more frequently.
“It becomes unclear whether what [brands are] doing is commercial in their minds. Many treat it like casual content, but legally, a brand posting music to promote a product — even indirectly — is a commercial use.”
Just because a brand posts a video on Instagram, TikTok, or YouTube, it doesn’t mean that the content falls under “personal use.” Courts are now more inclined to consider brand-published content as commercial, even if it doesn’t directly mention a product.
In the eyes of the law, the content’s goal is to engage audiences and drive business…which is undoubtedly commercial. There is a clear legal difference between brands and personal profiles using music.
“Because music is so prevalent on these platforms, a lot of brands often think, ‘We’re just using the music that’s available on the platform,’” says Simonian. “You run into this problem of, no, you’re not a casual user — you’re a commercial entity. The law treats brands differently from individuals posting for fun.”
What’s the responsibility of the platforms? Could they do more to educate brands?
Most social media networks give users the chance to sync music to their content on-platform. However, these catalogs rarely cover all brand use cases, and even if they’re cleared for use, that can change. “Platforms could do a better job explaining the limits of what they offer,” says Simonian. “But relying on them isn’t enough. The brand is ultimately the one that could be held liable.”
Simonian encourages brands to review the terms of service carefully. More often than not, they’re designed to protect the platform, rather than your brand. Understand how each platform’s terms may affect the rights and distribution of your content, and take nothing for granted.
Beyond the above, it’s key for brands to continuously review platform terms. This ensures brands don’t inadvertently give up rights they’ve paid to secure.
“Make sure the platform doesn’t have things within its terms that allow it to take the music you’ve licensed for your production and do other things with it,” Simonian elaborates. “Terms of service can affect rights beyond the license itself, and brands aren’t always prepared for that.”
Why are brands such high-risk targets?
Music lawsuits are more common than one might think, and brands are regular targets. “People often seek redress against the brand because the brand usually [has] the deeper pocket,” says Simonian. “Even if a 16-year-old influencer posted the content, the rights holder may still sue the brand.”
This economic reality means that brands must proactively manage rights, especially when third parties are involved. Financial capability often determines who gets sued first, rather than who committed the initial offense.
Brands often work with influencers, agencies, or production companies. How can they clarify responsibility across this complex chain?
“Copyright infringement is a strict liability claim,” Simonian explains. “Whether it’s the brand, the influencer, or the production company, any of them could be held liable.
“The worst thing I hear is, ‘Oh, that’ll never happen.’ You need to address it in contracts so responsibilities are clear if issues arise.”
She outlines three steps to avoid complexity and keep all parties above board.
- Define responsibilities in contracts: “Make sure everyone involved — whether influencers, production companies, or internal teams — understands who is responsible for clearing rights, and what protections exist if liability arises.”
- Ensure licenses cover intended use: “Check how the music is being used, who is using it, and where. Make sure your license covers all of that.”
- Double-check across platforms: “Confirm the license covers all platforms where the content will appear and all people involved in creating it.”
If a brand is sued, what does the process look like?
Disputes often start with a cease-and-desist letter or a demand for damages. Many direct brand-to-rights-holder disputes settle quickly, especially when financial considerations make litigation unappealing.
Influencer-related cases, however, are increasingly shaping and testing the law. That’s because these situations weren’t anticipated in older interpretations of the law. Whether it’s influencer-related or otherwise, Simonian underlines just how grave the consequences can be.
“If you’re held liable, damages can be significant. In the U.S., statutory damages for willful infringement can reach $150,000 per song. If multiple songs are used, it adds up quickly. Litigation is time-consuming, disruptive, and expensive.”
Should brands consider legal representation?“It may be expensive to go to the lawyer the first time,” says Simonian. “But [for] the second, third, and fourth time, it’s usually just a little tweak. Talk to lawyers, double-check, and then you have a repeatable process for future projects.”
How can brands license music safely on social media?
The social media landscape can be unclear at the best of times. Simonian wraps up with five suggestions to protect your brand across platforms.
1. Verify licenses thoroughly
Treat social media campaigns with the same diligence as traditional media. Even a seemingly casual video promoting your brand can carry commercial liability. “Make sure your license covers the intended use, all platforms, and all individuals involved,” says Simonian.
2. Understand platform terms
Don’t assume that music available on a platform is cleared for commercial use. Double-check the terms of service, as they’re likely in favor of the platform rather than your brand. “Check that terms of service don’t grant platforms rights that could conflict with your license,” Simonian adds.
3. Confirm responsibilities at the start of the production chain
Define responsibilities with all third parties, whether they’re influencers, agencies, production companies, or something else. “Everyone involved should understand their role, potential liability, and how they can protect themselves,” clarifies Simonian.
4. Don’t assume it won’t happen to your brand
Even if your brand has done nothing wrong, a third-party violation could spell trouble. “Address risk proactively in contracts so you can point to responsibilities if a problem arises,” says Simonian.
5. Seek legal counsel early
Lawyers are paid to know the law and help you stay on the right side of it. “It’s worth the investment to ensure that all your rights are properly covered,” Simonian concludes.
Risk management in music licensing isn’t just about legal compliance — it’s about process, clarity, and communication.
Don’t risk your content with a risky license. Epidemic Sound offers bespoke, watertight, and future-proofed music coverage.
The Enterprise plan offers everything a brand needs to soundtrack their work on social media. Our dedicated digital rights management team works tirelessly to ensure our licensed users don’t encounter issues when publishing content online. We’ll walk you through the licensing process, providing you and your team with the tools you need to use music safely.
Everyone from Levi’s to Warner Bros. Discovery, The Telegraph to the Miami Dolphins, trusts us to be their soundtracking platform. Enjoy full coverage and soundtrack your brand, your way, with Epidemic Sound.
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