Music that sells products
requires a license.
We represent rights holders in the commercial resolution of unlicensed music use in advertising and branded social media content.
Unlicensed commercial use infringes exclusive rights under 17 U.S.C., resulting in:
Up to $150,000 per work for willful infringement, regardless of the post's reach.
Repeat DMCA notices put a brand's own social accounts at risk of termination.
Sync licensing did not change. Advertising did.
Pairing music with a commercial message has always required a license. Only the medium changed.
The television era
Every campaign cleared every song before broadcast. Sync licensing was standard: negotiated in advance, without exception.
Advertising moves to the feed
Platform music libraries created a costly myth: that in-app music is licensed for anything posted with it. It isn't; those licenses cover personal use only.
The medium changed. The license requirement never did.
Platform music libraries cover people, not advertising.
In-app music is licensed for personal use. The moment it promotes a product or business, different rights apply.
Covered by platform licenses
- Private accounts, personal moments
- Music from the platform's own library
- No product, brand, or paid promotion
Requires a synchronization license
- Brand accounts promoting products or services
- Paid partnerships and influencer campaigns
- Advertising in any form, organic or paid
This is the platforms' own stated position, confirmed by federal courts. Every major music company actively enforces it.
If you have received a letter from us
We are mandated by our client to act, and our review confirms a documented instance of infringement, detected and captured. Most matters resolve directly, with a retrospective license and a going-forward solution. Matters that don't resolve with us proceed to federal litigation and a DMCA takedown of the brand's social account.
Every letter is sent on behalf of a named rights holder, based on verified ownership and use documentation, which we make available in the course of the dialogue.
We correspond with your business affairs or legal team, respond within five business days, and work toward a defined resolution, typically a license covering past and future use.
- Locate the reference number in the subject line of our letter.
- Forward the letter to your business affairs or legal team.
- Reply to the contact named in the letter, quoting the reference number.
Documented at every step
Nothing asserted that isn't verified. Nothing escalated that isn't notified.
Rights before claims
Ownership, registration, and chain of title, documented before any matter opens.
One referenced letter
Sent on behalf of a named rights holder, with a unique reference number, to the right contact.
Direct dialogue
Resolved commercially wherever possible: defined timelines, one point of contact.
A basis going forward
Typically concludes with a license: continued use, authorized and compensated.
Monitoring that never stops
Manual review can't keep pace with modern advertising. Detection combines our internal monitoring software with specialist third-party providers, watching every platform around the clock. Technology finds; it does not accuse. Every match is human-reviewed before any correspondence is sent.
The courts are already deciding this
Unlicensed music in social advertising is the subject of active federal litigation by every major music company.
Public proceedings reported by third parties, provided for general information. Overture Rights Group is not counsel of record in, and makes no representation regarding, the matters listed.
Questions advertisers ask us
General information, not legal advice. Your counsel remains your best guide.
The music came from TikTok's or Instagram's own library. Isn't it already licensed?
For personal use: yes. For commercial use: no. Platform terms expressly exclude commercial use. In UMG v. Vital Pharmaceuticals (2022), a brand made this exact defense; the court granted summary judgment against it.
An influencer posted the content, not us. Why is our company being contacted?
A brand's responsibility doesn't disappear because a third party posted the content it commissioned, paid for, or approved. We address matters at the brand level because the campaign is the brand's. Have documentation showing otherwise? Tell us and we'll review it.
The post was organic, not a paid advertisement.
The distinction that matters is commercial versus personal, not paid versus organic. Content promoting a business is commercial use, regardless of media spend behind it.
We deleted the post. Is the matter closed?
Deletion is sensible, and we note it, but it doesn't undo the use that already occurred. Our documentation is captured at the moment of detection. In practice, deletion followed by dialogue is a common path to resolution.
Only a few seconds of the song were used.
There's no "few seconds" exception in U.S. copyright law for commercial use. Duration may affect the terms of resolution; it's not a defense to the use itself.
We are not a large company. Does this really concern us?
Statutory damages under 17 U.S.C. § 504 are set per work, not per follower. That said, our objective is proportionate commercial resolution, and the scale of use factors into it.
What happens if we do not respond?
Unresolved matters proceed: potentially to platform repeat-infringer notices, the Copyright Claims Board, or litigation counsel. Nearly all matters resolve directly with us, faster, and on better terms.
How do we verify that a letter is genuinely from Overture Rights Group?
Every letter carries a unique reference number and names the rights holder it's sent for. No reference number, no letter from us. In doubt? Write inquiries@overturerights.com with the reference number.