5 Ways to Get Sued by the Music Industry

When the music kicks in during an ad or film, it does a substantial part of the heavy lifting: it sets the mood, sparks emotion, and can make a campaign or film feel more memorable. But behind that 'vibe,' especially when it comes to using existing or popular music, is a process called licensing, which too often gets treated like a 'Terms and Conditions' pop-up, with most people just wanting to click through and hope for the best.

We still see that for too many people in film and advertising, music is an afterthought. That mindset has only intensified with the rise of AI-generated tracks and endless scrolling. Music starts to feel like a daily product we consume and discard like a coffee pod.

Using music in your film or ad isn’t rocket science, but ignore a few things, and it can bite you. Here are five myths that love to trip people up:

1. 'It’s popular on TikTok, so our brand can use it too.'

Social media has created a still unclear area that brands often fall into. Just because a song is 'trending' does not mean it’s free for commercial use. There is a huge difference between an individual using a sound for a personal post and a brand using it in their content.

If you're adding music through a social media app’s editor and it doesn’t come from the Commercial Music Library, you’re infringing. The Commercial Music Library is the official collection of pre‑cleared tracks for business use. It is also important to note that these commercial libraries differ per platform; a track cleared for use on TikTok may not be available or licensed for use on Instagram, so you must verify the library for each specific app.

Also, if you’re using a song from the commercial library, you generally have to use the platform's native editor. Downloading a track from the commercial library, editing it into your video in editing software, and then re-uploading it as 'Original Audio' is a quick way to get a takedown notice or, in the worst case, a lawsuit. It looks the same but the track needs to be edited by the platform editor. Major record labels are stepping up their hunt by using AI-driven detection to take aggressive legal action against brands that use unlicensed music, with fines reaching up to $150,000 per violation.

Also, a good one to watch out for: when you do a 'Collaboration Post' with an influencer, the music they used as an individual may not cover the brand's commercial use. The moment your logo is attached, the rules change. That also goes for influencers when they’re doing an ad post.

2. 'We used AI music, so we own the rights.'

This is the newest 'slippery ice' in the industry. While AI music tools are getting better, the legal foundation on which they are built is shaky at best. Most AI models were trained on massive datasets of unlicensed, copyrighted music.

If an AI tool generates a track or melody that sounds a little too much like a copyrighted track, which happens more often than you would think, you are the one on the hook. Most AI platforms explicitly state in their fine print that users are responsible for all copyright claims. If the tool commits infringement, you’re the one who is getting the claim, not the software.

Crucially, current legal standards (and the 2026 EU AI Act) are moving toward mandatory watermarking and digital labelling of AI-generated content. This introduces a critical point of awareness for users: if a track is identified as 100% AI-generated, it is generally considered to be in the public domain. This means you do not own the copyright, and anyone, from competitors to random creators, can use your track without your permission or paying a cent.

Right now using AI for commercial tracking is a high-stakes gamble with your brand’s legal safety and its intellectual property.

3. 'The Artist said it’s fine, so we’re good.'

You might think it’s easy, the artist says yes, and you’re good to go. But music rights are more complicated than a single 'green light.' Informal permission isn’t the official way to clear a track, and not all musicians are aware of all the rules, so it’s easy to make a mistake. When you dig into it, there are usually two main rights to consider:

• Publishing Rights: The composition and lyrics
  
• Master Rights: The specific recording of that song
  

Take The Weeknd’s ‘Blinding Lights.’ To legally use that track, you do not just need Abel Tesfaye’s permission. You need clearance from all five writers (represented by four different publishers) and the record label. It is a group effort, and everyone needs to be on board before you hit 'publish.'

4. 'It’s in the public domain, so we’re good.'

This is a 'half-truth.' While the composition might be old enough to be in the public domain (think Mozart or Beethoven), the specific recording usually is not. If you use a 2023 recording by a world-class orchestra, that performance is owned by the performers and/or the label. Unless you are planning to hire an orchestra to record it for you, you will still need a license.

Even if you record a brand-new re-recording or cover of a song from scratch, you are still using the underlying composition. If you create a custom piano version of a pop hit, you have successfully bypassed the Master Rights, but the songwriters still need to be compensated for the melody and lyrics you are borrowing.

5. 'But it’s great exposure for the artist!'

We often hear the argument that an artist should be happy with the exposure a project provides, but the reality of the industry is quite different. While a great sync can boost a career, exposure alone does not cover studio time or production costs. In a world flooded with disposable AI tunes, human-made music is more valuable than ever, yet harder to protect.

Many of the requested artists are established and do not need promotion. For them, it is not about what the project can do for them, but whether the brand aligns with their own identity. This is also why there is often very little room for negotiation; you simply will not be able to reduce those fees significantly, because the artist determines the value of their work. If the price does not fit or the match is not there, it is a simple 'no.' They will not lose sleep over one project falling through.

Music licensing is not just a legal formality; it is about recognising the value of the art in a world that increasingly treats it as a commodity. Behind every great track, there is often a team of people and years of dedication, and these people need to be compensated for their work and the value of the record.

Legal disclaimer

This article is intended for informational purposes only and does not constitute legal advice. Music licensing is a complex legal field; therefore, we recommend consulting with a legal professional or a licensing expert like us before proceeding with any commercial music usage. Ambassadors is not responsible for any legal consequences resulting from the use of the information provided herein.