Music is one of the likeliest things to cause copyright trouble in an ad or piece of promo content, and one of the least likely to get checked.
The spot goes live, a Content ID system matches the audio, and the video is muted or pulled. Or a rights holder’s lawyer writes to the client. Either way, fixing it costs more than clearing the music would have.
Most of these problems start in the same few places, and most can be avoided.
Claim, strike, takedown, lawsuit
People use these words interchangeably, but they describe different things, and the difference decides how worried you should be.
Claim: A claim is usually automated. A platform’s ContentID system finds audio that resembles something in a registered catalog and flags the video. The rights holder may monetize it, block it in certain countries, or mute the audio.
Strike or Takedown: A strike or takedown is a formal copyright complaint, which can result in the platform removing the video. Repeated complaints can put the whole channel at risk, which matters when it’s a brand’s main account.
Legal Demand: A legal demand comes from a rights holder or their lawyer directly. It might be a cease-and-desist letter or an invoice for a retroactive license fee. If it goes unresolved it can become a lawsuit.
How music in ads and promos goes wrong
A temp track that overstays its welcome
A song gets put in as a placeholder, everyone gets used to it, and nobody remembers it was never cleared. This is probably the most common route to a claim, and it’s entirely preventable by checking a temp song’s availability before the client falls in love with it.
A license that’s narrower than the campaign
The song was cleared for web and then ran on TV. Or it was cleared for a year and the license got extended. Or it covered the U.S. and then the spot was picked up abroad. Each of these is a license working as written, applied to a use it never covered.
Covers and similar-sounding songs
A cover version still uses the underlying song, so you need the publisher’s permission even if you never touch the original recording. A track written to sound like a famous one can draw a claim too, if it borrows too much from the original composition. “It’s not the real song” is not a defense you want to rely on.
Assuming someone else cleared it
The client sent over a track they like. An influencer’s video used the song and it was fine. The app has a built-in music library. But none of them cleared the music. Libraries built into social apps are often licensed for personal use and can be restricted for branded or paid content, so check what yours allows.
No paperwork
Sometimes the music is properly licensed and the team just can’t prove it. When a claim appears, the person who cleared the track has moved on and the agreement is somewhere in a former colleague’s inbox. Proof of license turns a multi-day scramble into a short email.
What’s at stake
The license fee is usually the smallest part of the bill. A muted or removed ad or promo can leave a significant gap in a campaign, and replacing the track often requires a new edit and another round of approvals. If the issue is left up on a brand’s main channel, repeated complaints can put the account itself at risk.
Then there’s money. A rights holder can ask for a retroactive license fee, and with the leverage on their side that figure can run well above what a license would have cost up front. If a dispute goes further, they can pursue damages.
A music problem on a client’s campaign is hard to walk back, no matter who technically made the mistake. And who pays depends on the contracts involved: responsibility for clearance may sit with the agency, the production company, or the client.
How to avoid it
Most of the protection comes from habits, not legal expertise.
- Clear music early: Treat any uncleared track as a reference. Clearance can take days or weeks depending on the song, so start early enough that an alternative choice is possible.
- Write the specific usage into the brief. Media, term, territory, and any plans to cut down, extend, or reuse the spot on social or in a reel.
- Confirm both rights in writing. Every recorded song has a master and a composition, owned by different parties.
- Check that the license covers the client. If the client publishes the final spot, the license should cover their use, not just the agency’s.
- Put the expiry date on a calendar. A license that lapses while the ad is still running has the same problems as no license.
- Read the platform’s rules for branded content. What’s allowed on a personal account is often different from what’s allowed on a brand’s, and different again for paid placements.
These are the things that a music supervisor or licensing partner does by default, which is part of why having one involved early tends to pay for itself.
If a claim appears anyway
Start by finding out what you’re dealing with. An automated claim on a social post and a letter from a rights holder’s lawyer call for different responses.
Pull the license paperwork first. If the track is properly cleared, the agreement and the clearance confirmation are usually what resolves an automated claim. Each platform has its own dispute process.
If the music turns out not to be cleared, don’t ignore it and don’t quietly swap the track hoping it goes away. Tell the client, and pause the placement if it’s still running.
Whoever cleared the music is your best first call. If you licensed through a partner, they can usually confirm what was covered much faster than you can reconstruct it.
Frequently asked questions
Can I use a few seconds of a song in an ad without permission?
No. There’s no safe length. Commercial use of any portion of a recording or composition generally needs a license, however short the clip.
Is it fine to credit the artist instead of licensing?
No, credit isn’t permission. You need a license from the rights holders.
What if the song is old?
Age alone doesn’t make a song free to use. A song can be in the public domain while a specific recording of it is still protected, so you need to check both the composition and the recording.
Do I need a license for a cover version?
Yes, from the publisher of the song, plus clearance for the recording itself if it’s an existing cover.
Does a licensed track still get flagged?
It can. Automated systems sometimes flag properly licensed audio, which is why keeping your paperwork where you can find is important.
Who is responsible if the music wasn’t cleared?
That depends on the contracts between the agency, the production company, and the client. Check yours before a project starts, not after a problem.
Where this leaves you
Copyright problems in music usually come from a track nobody checked, a license nobody read closely, or paperwork nobody kept. Fixing those three habits removes most of the risk.
If you’re scoping a project and want music cleared properly from the start, get in touch with the Marmoset team.
This article is general information, not legal advice. For a specific situation, talk to a lawyer.