Can I use a song in a Spark Ad?
Short answer
Only if the song is cleared for ads. A Spark Ad is a paid ad that runs an organic post, yours or a creator’s. Music from TikTok’s Commercial Music Library, original audio, or a track you’ve licensed for paid social is fine. A trending song the creator picked from the general library isn’t, because that library is licensed for personal use, and once you boost the post, your brand is the advertiser.
What a Spark Ad really is
Spark Ads let you put ad spend behind a post that already exists. It can be a post on your own brand account, or a creator’s post that they’ve authorized with a code. The ad keeps the creator’s handle, likes and comments, which is exactly why it performs well. It looks native.
But underneath, it’s an ad. You choose the audience, you pay for the reach, and the post now shows up for people who never followed the creator. For copyright purposes, that’s a big change. A video that was a creator sharing something they liked is now your brand advertising your product.
What TikTok says about music for businesses
TikTok’s help page for its Commercial Music Library (last updated July 2025 when we checked) says businesses can’t use the general music library for commercial use. It tells businesses to use the Commercial Music Library for commercial activity on TikTok, including organic posts, video ads and branded content. If you use other sounds, it suggests checking with your legal team that you hold a proper license.
The page doesn’t spell out a separate rule for Spark Ads. In practice, advertisers and agencies report that boosted posts using songs outside the commercial library can be blocked in ad review, flagged with a message that the sound isn’t licensed for commercial use, or made ineligible for Spark. Don’t count on that review to protect you, though. It catches some tracks and misses others, and an ad that gets through review still isn’t licensed. TikTok’s systems are not a substitute for permission from the label and publisher.
The key point: the creator’s right to use a song in a personal video doesn’t transfer to you. When you boost their post, you need rights that cover advertising, and the in-app music almost never comes with them.
Music that’s fine to boost
Usually fine
- Tracks from the Commercial Music Library
- Voiceover, natural sound, or no music
- Music you made or commissioned and own
- Stock music whose license covers paid social ads
- A hit song you licensed directly from both the label and the publisher, for ads
Don’t boost
- Trending songs from the general library
- “Original sound” that’s really a hit song
- Sped-up, slowed or remixed versions of hits
- Covers of hit songs without a license
- Anything that was muted, until it’s fixed and cleared
Why this catches brands out
Spark Ads are usually run by a performance team, not the social team. The performance team sees a creator post with strong engagement, asks the creator for a code, and launches. Nobody stops to check the sound, because the post has been live for weeks without a problem.
That gap is where the lawsuits come from. Several of the cases on our lawsuit tracker, including Kroger, Quince and DSW, cover influencer and creator videos, not just posts made by the brands themselves. In the Bang Energy case, the court held the brand liable for videos made by its influencers. Damages are counted per song, and US law allows up to $150,000 per work if the use is found to be willful.
Mini-scenario. A supplement brand runs 40 creator videos as Spark Ads during a sale. Eighteen use the same three trending songs, because that’s what was trending that week. The ads get good ROAS and run for two months. The label doesn’t need to find 18 posts; it needs to find three songs. Each one is a separate work, and each one is attached to paid reach the brand bought.
Checklist before you boost anything
- Identify the sound. Tap it. If it says “original sound,” listen anyway. Plenty of hit songs are uploaded under that label.
- Ask the creator where it came from. Commercial library, their own track, a stock service, or the general library. Get the answer in writing.
- Check the usage rights, not just the music. Your agreement with the creator should allow paid use, on TikTok, for the dates you plan to run. Our guide on creator usage rights explains why expiry dates matter.
- If the song isn’t cleared, ask for a new cut. Most creators can re-export the video with a commercial library track or no music, post it, and issue a fresh code.
- Keep a record. Note the sound, the license source and the code dates for every Spark Ad. It’s the first thing anyone asks for if a letter arrives.
TikTok Shop and affiliate videos
The same logic applies when TikTok Shop sellers put ad spend behind affiliate videos, whether through Spark Ads or through Shop ad tools that can promote creators’ product videos. Once you’re paying to push the video, you’re advertising, and the music needs to be cleared for that. If you sell on TikTok Shop, read our guide on affiliate music risk, or see how we check Shop accounts.
How OKtoRun helps
Know every post is safe before your boss or a record label asks. We check your brand posts, creator content, affiliate videos and running ads, and mark each one green (OK to run), yellow (check or fix soon) or red (fix now), with the fix spelled out. Before a big Spark Ads push, we can check the whole batch so your performance team only boosts what’s cleared. Checks start from $500 for up to 100 posts, free if nothing needs fixing.
Common questions
Can I use a trending sound in a Spark Ad if the creator added it?
Generally no. The creator’s access to that sound is for personal use. Boosting the post makes it your brand’s ad, which needs music cleared for advertising.
What music can I use in TikTok Spark Ads?
Tracks from TikTok’s Commercial Music Library, original audio, music you own, stock music licensed for paid social, or a song you licensed directly from the label and publisher for ads.
If TikTok approves my Spark Ad, does that mean the song is licensed?
No. Ad review can miss tracks. Approval isn’t permission from the rights holders, and labels have sued brands over ads and influencer posts that ran on the platforms.
Does the 30-day or 60-day Spark code cover music rights?
No. The code only lets you run the creator’s post as an ad. It says nothing about the music or about your usage rights with the creator.
What should I do with Spark Ads already running a trending song?
Pause them, ask the creator for a version with cleared audio, and boost that instead. Keep a list of what ran and when.
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.