How to Use Trending Social Audio Without the Legal Mess

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Music and social media are locked in a constant loop – what’s trending on one often fuels the other. It’s our very own digital “chicken or the egg” situation. And while audio is undoubtedly one of the biggest social elements on the scene, it can also drive brands into legal hot water – just ask Crumbl Cookies.

The truth is that social isn’t lawless. It’s a marketing channel with real IP risks, and smart brands know how to play the game without killing the vibe. At The Social Lights, our proactive and practical approach helps clients stay out of legal drama while staying in the cultural conversation. Here’s how we do it.

Play by the platform rules, but know how to flex.
Being a brand on social media doesn’t mean you have to sacrifice the “good stuff.” Each notable social platform has built-in music libraries, and we use them to the fullest.

  • For Instagram Reels, we stick to music in the Reels audio library that’s marked as “available for business use.”
  • On TikTok, we prioritize audios marked as usable by brands, and for anything we plan to boost, we choose from TikTok’s official Commercial Music Library.
  • On YouTube, we stick to licensed tracks or royalty-free music only. YouTube’s copyright ID system doesn’t mess around and automatically removes copyrighted content.

Avoid non-original re-uploads. Even if a song is marked as “commercially available,” we only use versions uploaded by the original artist, not fan re-uploads or unofficial accounts.

Pull from licensed sources (including our brains). When creating content directly (e.g., in Canva), we stick to music from platforms that provide royalty-free, pre-cleared tracks, or we create our own 🤣

Advocate for legal counsel. Music rights are complex. We strongly believe any brand or agency publishing on behalf of others should involve legal review when necessary, especially for larger campaigns or boosted content.

Now apply this to more than just music.

  • Stay away from anything that may imply that a celebrity or influencer is endorsing your brand, including use of publicly available gifs, sounds, videos, and images
  • Stay away from any intellectual property from film, TV, or video games that aren’t officially licensed by your brand
  • For memes, tread lightly. In many cases, if you’re “transforming” the content and/or using it for commentary, parody, or educational purposes, the risk is low but not zero.
  • Always obtain a license, assignment, or consent* to reuse UGC, store the original creator’s reply for safekeeping, and credit them if/when you repost their content as needed. Ensure the terms cover all potential use cases.
  • Ensure FTC compliance and disclosures on any official creator or influencer partnerships.
  • Respect the IP of others and take any demand letters seriously.

In short, we make sound choices—literally and legally. With a mix of platform-savvy practices and caution around copyright, we help our clients make waves in social without making legal headlines.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. While we strive to offer accurate and up-to-date information, we do not guarantee the completeness, reliability, or suitability of the information for any particular purpose. For specific guidance, consult your legal team.

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Background on The Social Lights
The Social Lights® is a social-first agency headquartered in Minneapolis that partners with clients to grow their business through strategy development, creative production, media buying, and social media management. Current clients include General Mills, Ecolab, Cargill, Caribou Coffee, Kwik Trip, Polaris and Massage Envy. The Social Lights was founded in 2011 and is a WBENC-Certified Women Business Enterprise. Learn more at The Social Lights.

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