Music labels step up action against unlicensed song use by brands, influencers (2025)

The Delhi High Court recently issued an interim order against One8 Commune, Virat Kohli’s restaurant chain, barring it from playing songs copyrighted by Phonographic Performance Limited (PPL) without a valid licence. Earlier, Sony Music issued a legal notice to the Marriott Group for copyright infringement. Brands such as Epigamia and some e-commerce players have also been sued for playing unlicensed music in their ads.

Also read: Big Tech struggles to sell AI as industry wary of copyright infringements

Music and legal experts said in addition to incurring legal expenses, brands lose reputation and customer trust by not procuring proper music licences.

“Brands and influencers need to take care of music copyright while playing songs in advertisements, sponsored content, or partnerships. Playing music without a licence is not just illegal, it also deprives artists of royalties. Social media platforms like Instagram and YouTube allow in-app music for personal use only, which is non-commercial. Playing it in branded content without permission may lead to copyright strikes, takedowns, or lawsuits," said Gaurav Dagaonkar, co-founder and CEO of Hoopr, a music licensing platform.

What the law says

The potential financial damage from music copyright infringement by brands and influencers is huge. In India, non-licensed use of a song can invite court cases and damages ranging from ₹20 lakh to ₹5 crore based on the duration of use, the platforms, and the commercial value generated, Dagaonkar, added. Aside from litigation, the sites will delete infringing posts, leading to fewer sights and perhaps lost income. In the most severe cases, repeated offences can lead to lengthy, expensive trials that can also severely damage the brand in question.

Also read: Music labels’ copyright fight reflects broader challenges with Open AI

Brands should be aware that any musical composition, lyrics or sound recording of a song owned by others should be licensed before it is used on social media platforms, said Dr Vishwas H Devaiah, professor of law at BITS Law School, Mumbai. “Promotion or marketing of products on social media either through advertisements or through influencers is analogous to commercials on television and radio. Any unauthorised use of music by brands and influencers would attract infringement suits and removal of content from social media platforms," he said.

Miket Kanakia, director of Novex Communications, said music licensing companies like theirs educate commercial entities on how to acquire licences for copyrighted music, and about the financial, legal and reputational implications of unauthorised use.

Not just in India

Outside India, too, music labels are stepping up efforts against unauthorised use of songs by brands and influencers. In March, Sony Music filed a $42-million lawsuit against the University of Southern California, accusing it of using more than 170 songs across 283 social media videos to promote its athletics programme, without securing the required licences. US energy drink brand Bang Energy is also involved in several legal battles with major music labels.

“Brands and influencers need to be mindful of copyright laws when using music in their content. In India, the Copyright Act of 1957 lays down the rules, making it illegal to use copyrighted songs or even remixes in YouTube videos, Instagram reels and live streams. But there are some exceptions under Section 52 of the Copyright Act, known as fair dealing, which allows limited use of music for things like personal listening, education, criticism, and news reporting," said Aishwarya Kaushiq, advocate, disputes practice at legal firm BTG Advaya.

Types of licences

According to Gaurav Sahay, practice head – technology and general corporate, Fox Mandal & Associates LLP, there are several types of music licences that brands and influencers need to consider. A synchronisation licence is required for incorporating copyrighted music into videos, advertisements, or other audiovisual content. A mechanical licence grants permission to reproduce and distribute copyrighted sound recordings.

Also read | In charts: How AI companies' data hunt is sparking copyright wars

Sahay said, “Brands and influencers must ensure that they obtain the necessary licences when using copyrighted music in brand promotional videos, TikTok and Instagram Reels featuring popular songs, live streams that include background music, and podcast intros or outros.

“While some social media platforms have licensing agreements with music labels, brands using such content for commercial promotion must obtain explicit authorisation. Even the use of AI-generated or remixed versions of copyrighted songs may constitute infringement unless there is substantial transformation of the original work."

Similarly, reposting third-party videos containing copyrighted music for commercial purposes could result in legal claims, as the original creator may hold the usage rights, he added.