The use of music on social media has become an almost indispensable part of digital communication and marketing. From short-form videos to complex campaigns, music significantly enhances content visibility across platforms. However, from a copyright perspective, this is a legally sensitive area that is increasingly becoming the subject of disputes.

What is often overlooked is that the popularity of a particular song or its availability on a platform does not necessarily mean that it is free to use.

Although platforms enable users to easily add music to the content they publish, a key question arises: is such use of music always lawful, particularly when the content has a commercial nature?

For digital content creators, so-called influencers, as well as for the brands that engage them, the answer to this question may have direct legal and financial consequences.

Legal Framework

Under the Serbian Law on Copyright and Related Rights, music is protected as a copyrighted work. Moreover, the creation of a musical work often involves multiple contributors, meaning that protection may extend to the rights of composers, lyricists, and arrangers, as well as to the rights of performers, phonogram producers, and others.

The author of a musical work holds economic rights that allow control over the commercial exploitation of the work, including the right to authorize or prohibit its use.

In this regard, one of the fundamental economic rights is the right of communication to the public, including making a work available to the public in an interactive manner. This includes making the work accessible via the internet in such a way that individuals may access it at a time and place of their choosing.

In the context of social media and influencer activity, this right is particularly important, as publishing video content with background music constitutes precisely such a form of exploitation, making the work available to an unlimited number of users.

It follows that this type of use, as a form of economic exploitation of a copyrighted work, requires appropriate authorization from the rights holders.

Obtaining a License for Music Use

Lawful use of musical works for commercial purposes requires obtaining an appropriate license, which may include:

• obtaining a license directly from the rights holders;
• obtaining a license through collective rights management organizations;
• using music under specific conditions (e.g. royalty free music).

However, influencers often overlook this step, relying on the incorrect assumption that music is “free” for any type of use if it is available on a platform.

Regulation Through Platform Terms of Use

Platforms regulate the use of music through their terms of service and agreements with rights holders, thereby forming music libraries. Platforms such as Instagram, TikTok, and YouTube have entered into agreements with rights holders and collective management organizations, but with certain limitations:

• such licenses are generally intended for private, noncommercial use;
• they may exclude use by business accounts;
• they don’t cover all types of content (e.g., advertisements or sponsored posts).

Moreover, the terms of use explicitly state that users are responsible for the content they publish or promote, including any music contained therein.

They also specify that the use of music for commercial or nonpersonal purposes is particularly restricted unless the user has obtained the appropriate licenses.

A particular risk arises with business accounts, sponsored content, and content capable of generating revenue, as such use may fall outside the scope of licenses provided by the platform.

The Commercial Nature of Influencer Content

From a legal standpoint, influencers cannot be treated as users of social media for purely private purposes. Their activities often involve publishing content with the aim of generating income. In fact, some influencers earn income exclusively through social media posts, sponsored content, and brand collaborations.

In addition, content monetization on social media includes affiliate marketing, bonus programs and creator funds (available on platforms such as TikTok and Instagram), as well as revenue generated through views and follower growth.

Music plays a key role in influencer activity, as they typically:

• synchronize popular songs with their videos;
• use music segments in platform trends and challenges;
• perform lipsyncs or use music outside of platform libraries.

Accordingly, content that generates revenue, even indirectly through views, may constitute commercial use of a copyrighted work. This means that even nonadvertising posts may be considered commercial from a copyright perspective.

Current Disputes: Warner Music Group vs. Designer Shoe Warehouse

The use of music in social media marketing is increasingly becoming the subject of litigation, particularly where musical works are used for commercial purposes without appropriate licensing.

One notable case is the lawsuit initiated in 2025 by Warner Music Group (“WMG”) against the U.S. footwear retailer Designer Shoe Warehouse (“DSW”) and its parent company, Designer Brands Inc. before the U.S. District Court for the Southern District of Ohio.

According to the complaint, DSW used more than 200 musical works owned by WMG in promotional content on TikTok and Instagram, as well as through paid influencer collaborations, without obtaining prior authorization for such use. These works include songs by well-known artists such as Ed Sheeran, The Weeknd, Cardi B, and others.

The plaintiff alleges that the music was used to attract audience attention, increase sales, and strengthen brand recognition, thereby giving the content a clear commercial function. As such, this type of use exceeds the frames of permitted private or noncommercial use and, as a rule, requires appropriate licensing.

In the proceedings, damages of up to USD 150,000 per individual musical work are being sought, which could amount to several million dollars in total.

Although the case is still pending, it clearly illustrates the significant legal and financial risks associated with unauthorized use of music in digital marketing.

Available Doesn’t Mean Permitted

The use of music on social media, particularly in influencer marketing, is an area where creativity, revenue generation, and strict legal rules intersect. While platforms provide certain licenses and tools for using music, these are limited and do not cover all forms of exploitation.

In practice, the line between private and commercial use is increasingly blurred, especially given the various content monetization models. For this reason, influencers and brands can’t rely solely on the availability of music within platforms, but must ensure that they obtain the appropriate rights for its use.

Ongoing legal disputes further confirm that noncompliance with these rules may lead to significant legal consequences and substantial damages. Therefore, it is essential for all participants in digital marketing to approach this issue with due care, in order to avoid potential risks and ensure sustainable and lawful use of content on social media.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.