Recent reports that the White House used music by Boards of Canada in a social media post without approval raise an important question: what music can businesses and individuals lawfully use on social media?
Who Owns The Rights In A Song?
In the UK, copyright is a right which automatically exists in relation to (amongst other things) original literary, dramatic, musical and artistic work and sound and music recordings. It prevents others from copying works or using them in any way (subject to some exceptions). In relation to music, copyright will exist in the lyrics, the melody and the recording (if applicable). These could all belong to the same person or different people (including companies). However, regardless of who owns the copyright, use by another person or business without consent will likely amount to infringement.
Can You Use Music In Social Media Posts?
If you are going to be using music in a commercial sense for social media, it is important to consider whether you have the rights to do so. Some social media platforms have music libraries for commercial use. However, be warned, not all social media platforms have the same music contained in their libraries. As such, using a piece of music on one platform does not automatically mean that you would be at liberty to use it on another platform. Whilst not always the most entertaining read, it is always worth considering a platform’s terms on music use to ensure that you are complying with the platform rules, as well as not infringing copyright belonging to anyone else.
If there is a particular song that you want to use which is not included in a commercial library on a social media platform, you will need to approach the label, publisher and any other rights holder to obtain a licence to use that music. It is likely that a fee will be required for this.
Regardless of how you obtain consent to use a particular piece of music for a social media post, you should check whether there are any limitations connected with this, including whether there are any countries in which this music cannot be shared.
What Are The Risks?
If you do use music without the rights to do so, this is likely to amount to infringement of the rights holders’ copyright. A rights holder may contact the social media platform, requesting that the infringing post be removed. Alternatively, you could soon find yourself in receipt of a cease-and-desist letter demanding that you cease use of the music and potentially pay a licence fee and/or face a court action.
A Quick Checklist Before You Post
- Do you have the right to use music on a social media post from a commercial licence through a social media platform?
- If not, do you have the right to use music on a social media post directly from the rights holders (noting that this might include separate permissions if separate people own the copyright in the lyrics, melody and the recording in the music)?
- Have you reviewed the social media platform’s terms and conditions to ensure that you are not in breach?
- Have you received a cease-and-desist letter from a rights holder? If so, seek legal advice as soon as possible.
In short, you should never assume that music is free to use simply because it is available on a platform. Before posting, check both the platform’s commercial music options and whether any separate permissions are needed from the relevant rights holders.
If you would like advice on using music in social media posts, or have received a query or claim from a rights holder, please get in touch with our expert team.
