May a business use music from the Instagram library?

Only the tracks from the Sound Collection, which Meta explicitly clears for commercial use. The large catalogue of well-known songs is, according to Meta, licensed for personal, non-commercial use. Business accounts therefore usually do not see it at all. Anyone who uses it through a personal account to promote products or services is acting without a licence.

What is the Meta Sound Collection?

A library of more than 14,000 royalty-free tracks and sounds that Meta offers to all accounts and that may also be used in ads. It is reached via the music sticker in Stories and the audio icon in the Reels camera. The licence applies only within Meta's apps.

Does this also apply to the CEO's personal account?

Yes, if the post is advertising. Whether a use is commercial is decided by the content, not the account setting. In the case of a cartoonist, 35,000 followers and links to websites were enough for the rights holder to treat an account set to private as commercial.

How much does a claim over music in a Reel cost?

In Germany, the known demands ranged from 2,500 to around 10,000 euros for a single video, plus a cease-and-desist declaration. In the US, the labels sue brands directly, with up to 150,000 dollars per song.

May a brand reuse influencer videos that contain music?

Not without clearing the rights. The creator may use the song privately; the brand may not adopt, pay for or promote the video as long as the music is not licensed for that use. That is exactly what the lawsuits against Marriott and Quince were about.

Music on TikTok and Instagram: What Brands May Use

A Reel with the song everyone is playing right now gets more reach. Every social team knows that. Less well known: that song is not cleared for a business at all. The music in the libraries of Instagram and TikTok is licensed for personal use. A brand that uses it is using it without a licence, and for two years that has been pursued consistently: in Germany with cease-and-desist claims, in the US with lawsuits by the major labels against well-known brands.

This article explains what the platforms allow, which cases exist, and how a social team uses music so that nothing goes wrong. With a traffic light and a checklist.

As of 14 October 2026. This article summarises platform rules, claims and rulings, with a focus on Germany and the US. It is not legal advice. Platform rules change constantly; before a campaign, check the current terms.

The situation in 30 seconds

The music libraries are licensed for personal use. Meta says so itself: the music in the library is intended for personal, non-commercial use.
Business accounts only see the royalty-free selection. At Meta it is called the Sound Collection, at TikTok the Commercial Music Library.
Going through a personal account changes nothing. What matters is whether the post advertises, not how the account is set up.
The licence applies only inside the app. The same video on YouTube, on the website or on TV needs its own licence.

The mechanism, in three sentences

The platforms pay labels, publishers and collecting societies such as GEMA so that private users may use songs in their videos. Advertising is excluded from these agreements, because it requires two further rights: the synchronisation right from the publisher and the master right from the label, both negotiated individually. A brand that puts the hit from the library under a company video makes a use public that nobody has licensed.

What really happens: the cases

Germany: cease-and-desist claims

Around 10,000 euros for one promotional video. A company had published an Instagram video with a track from the Instagram library via its business account. The claim on behalf of the rights holder demanded 9,000 euros in damages by licence analogy, plus 1,021 euros in legal fees and a cease-and-desist declaration with penalty (law firm WBS Legal, April 2025).
2,600 euros for one Reel. A travel agency paid this amount after a claim over music in an Instagram Reel (touristik aktuell, October 2025).
2,500 euros despite a private account. A cartoonist put the theme tune of the children's series “Heidi” under a 19-second Reel. His account was set to private but had more than 35,000 followers and links to websites. The music publisher treated that as commercial use and demanded 2,500 euros. The case was still open at the time of reporting (ZDF, December 2025).

GEMA explains it on its Instagram page like this: private use is allowed because Instagram pays for it; use for commercial and non-private purposes is not allowed. And rights holders do not have to go through GEMA: publishers and labels manage sync and master rights themselves and send claims themselves.

USA: label lawsuits against brands

In the US, claims have turned into a series of lawsuits. The labels do not go after users but after the brands that profit:

Bang Energy (2022): Universal, Sony and Warner sued over more than 100 TikTok videos with chart songs. The court found infringement. It rejected the argument that TikTok's licence covered the use.
Gymshark (2021): Sony sued over songs by Beyoncé, Britney Spears and Travis Scott in TikTok and Instagram videos, including influencer partnerships. Settled in early 2022.
Marriott (2024): Sony counted 931 infringements in posts by hotels and paid influencers, after years of notices. Statutory maximum: around 140 million dollars. Resolved in October 2024.
Crumbl (2025), Pacsun (2025), DSW (2025): Warner sued the cookie brand (159 songs, settled in 2026), the fashion retailer (290 songs) and the shoe chain (more than 200 songs).
Quince (April 2026): Universal and Concord are suing over 67 recordings, including in influencer videos that the brand commissioned and shared. The case will clarify how far a brand is liable for its influencers.
Kroger (August 2026): Sony is suing over 392 uses in social media advertising, up to 58.8 million dollars. The twist: the supermarket chain had previously signed 14 licences with Sony that explicitly covered social media. It knew how to do it right.

The pattern is always the same: the labels send notices, collect evidence, and sue once the use can be called wilful. All cases began with trending songs from the app.

What the platforms allow

Instagram and Facebook

Personal and creator accounts see the full catalogue, licensed for non-commercial use.
Business accounts usually only see the Sound Collection: more than 14,000 royalty-free tracks and sounds, which according to Meta may also be used in ads. Reached via the music sticker in Stories and the audio icon in the Reels camera.
Ads and boosted posts: only the Sound Collection or your own licence. A Reel with catalogue music may be muted when boosted.

TikTok

Business accounts only see the Commercial Music Library with pre-cleared music in the app.
Your own music can be uploaded if it is licensed for TikTok. You confirm this at upload in the “Music Usage Confirmation”.
Detection: the automatic check finds music even when quiet, sped up or with reverb.

For both

The licence of the platform library applies only inside that app. Anyone reusing the video on YouTube, the website, at trade fairs or on TV needs a separate licence.
Nobody draws the line of “commercial” at the account setting. Reach, links, product reference and sender decide.

The traffic light for social teams

Green: Sound Collection or Commercial Music LibraryOn the respective platform, in the business account, also as an ad. Proof: screenshot of the source.
Green: your own brand music or licensed production musicWith rights that explicitly name social media. Works on every channel.
Yellow: influencer videos with trending songsThe creator may use them privately. As soon as the brand commissions, pays for, shares or promotes the video, the music needs a licence. That belongs in the contract.
Yellow: employees sharing company contentReposting the image film on LinkedIn is corporate communication. The film's music must be licensed for that.
Red: trending song from a personal account in a company videoExactly the case from the claims and lawsuits. Not recommended.
Red: reusing platform music on other channelsThe licence ends at the app boundary.

Checklist: 8 questions before every post

Is the post advertising, i.e. product, service, company or sponsor, regardless of which account?
Where does the music come from: Sound Collection, Commercial Music Library, your own licence, your own production?
Is it licensed for this platform?
Also as a paid ad?
Also on the other channels where the video is to run?
Does the influencer contract specify which music may be used and who clears the rights?
Is the proof saved (source, licence, date)?
Is there a plan for a claim: sign nothing, pay nothing, call a lawyer?

The way out: music that is allowed everywhere

All the problems above have the same cause: the music belongs to someone else, and the licence is narrow. Your own brand music solves that at the root. It may run on every platform, as an ad, on the website, at the trade fair and in the commercial. It knows no claims, and it brings something no trending song brings: recognition. Anyone who keeps their music in a brand sound pool in variants (short, long, loop, calm, driving) has the right piece for every format.

How brand music is created and what it costs is explained under Brand music & brand voice. Anyone who first needs only a short signature starts with the sound logo.

The same principle applies to production music subscriptions: a subscription usually covers online videos, but not automatically radio spots, hold music or music in stores. A separate article on that will follow.

From practice

The topic is not new; it is only getting expensive. In market analyses for client projects, it has been striking for years how many brands work with music in Reels that they are not entitled to, mostly without bad intent. The advice to clients has therefore long been: social media music belongs in rights clearance just like the music in the TV commercial. A second spot that is often forgotten: when employees share the image film on LinkedIn, its music must be licensed for social media, not just for the trade fair stand.

Music on TikTok and Instagram: What Brands May Use – and What They May Not

The situation in 30 seconds

The mechanism, in three sentences