29/05/2026
Using trending music on TikTok or Instagram for your business campaign does not automatically mean you have the legal right to do so.
Warner Music Group and Crumbl Cookies have reportedly reached an undisclosed settlement in a copyright infringement lawsuit involving the alleged unauthorised use of 159 songs in social media marketing content. The claimed damages are in the area of 23 million USD.đȘ
The case is a reminder of one of the biggest misconceptions in modern digital marketing, being that
if a song is trending on social media, it is free to be used.
Many businesses also wrongly assume that because music is available inside a platformâs library, it is automatically cleared for commercial brand use. In reality, platform licences often distinguish between personal creator use and commercial advertising or branded promotional use. Once music becomes part of a companyâs marketing strategy, the legal position changes dramatically.
According to the allegations, Crumblâs videos relied heavily on popular music as a central feature of the content itself. Warner argued the music helped build the brand, drive engagement, and generate sales without proper licensing or permission.
This is not an isolated issue anymore either. Major labels are aggressively pursuing brands, retailers, hotels, universities, and online businesses over social media music usage. The âBang Energyâ decisions in the USA opened the door for many of these claims and established precedent that courts are willing to treat social media infringement seriously.
At STEYN IPÂź, we have also been involved in a similar undisclosed settlement between a major record label and a large insurer relating to music used in online marketing content. These disputes are very real, even for sophisticated corporate entities and local brands.
In modern marketing, music is not just âbackground sound.â It is intellectual property with significant commercial value⊠And the more successful the campaign becomes, the bigger the legal target may become too.
If you need assistance in IP, or simply need a quick âhow toâ guide to avoiding online infringement, give us call. đ
