Can brands use trending sounds on TikTok?
Short answer
Usually no. Most trending sounds are commercial songs that TikTok licenses for personal, non-commercial videos. When a brand uses one to promote a product, including through a creator it pays, the brand generally needs its own license from the label and publisher. Without one, it can be sued for up to $150,000 per song.
Why a song you can pick in the app isn’t cleared for your brand
TikTok’s deals with record labels cover everyday users making personal videos. They don’t cover advertising. Labels have said this plainly in court, and judges have agreed: in Sony’s case against Bang Energy, the court found there was no license allowing the brand, or the platform’s users, to use the songs commercially.
What makes a post “commercial” isn’t the account type. It’s the purpose. A video that promotes a product, carries a discount code, is part of a paid partnership or links to a shop is commercial, even on a personal or creator account.
What brands can use
- TikTok’s Commercial Music Library. Tracks pre-cleared for business use. Business accounts are limited to this library in the app. How it works.
- Original audio. Voiceover, natural sound or music you made or commissioned and own.
- Licensed music. Tracks from a stock music service whose license covers social media and, if you’ll run them as ads, paid advertising.
- A direct license. For a specific hit song, license it from both the label (the recording) and the publisher (the song). This is how big brands use chart music in campaigns.
What gets brands in trouble
- Picking a trending sound on a personal or creator account to dodge the business library
- Paying creators who add a popular song to sponsored posts
- Reposting or “stitching” a creator’s video that has a commercial song in it
- Boosting a creator’s post as a Spark Ad, which turns it into a paid ad
- Editing a hit song into a video so it shows as “original sound”
Brands that were sued for this
KrogerSony Music · Aug 2026
Songs in videos on Kroger brand accounts and in posts by influencers Kroger paid.
392 alleged uses · Up to $58.8M (reported) · Source
QuinceUniversal Music and Concord · Apr 2026
TikTok and Instagram videos, including paid influencer videos. In one, Quince reposted a creator’s video and swapped in a hit song.
138 works (67 recordings, 71 songs) · Up to $20.7M (at $150K per work) · Source
CrumblWarner Music Group · Apr 2025
Promotional videos on Crumbl’s TikTok and Instagram accounts.
159 works · Up to $23.9M (at $150K per work) · Source
See every case in the lawsuit tracker →
How to check your account in 10 minutes
- Open your last 20 brand videos and note the sound on each.
- Mark anything that’s a named song by a known artist, not from the Commercial Music Library.
- Do the same for creator and affiliate videos about your products, especially any you’ve boosted.
- For each flag, swap the track, license it, or take the post down.
Common questions
Can a brand use a trending sound if it credits the artist?
No. Credit isn’t a license. The label and publisher still need to grant permission for commercial use.
Is it OK if I only use 10 seconds of the song?
No. There’s no safe length. Short clips of a song in an ad have been part of label lawsuits.
What if my brand uses a personal or creator account?
The purpose matters, not the account type. Promoting your products is commercial use, so you still need a commercial license.
What happens if TikTok doesn’t mute the video?
TikTok not muting a video doesn’t mean it’s licensed. Labels monitor brand accounts directly and file claims for posts that are still live or were deleted.
Part of: TikTok music for brands
Related guides
General information, not legal advice. Platform rules and licenses change; check the current terms or ask your lawyer about your situation. Lawsuit figures are as reported and represent claims, not findings, unless noted.