The music clause every influencer contract needs
Short answer
Add a music clause to every creator agreement. It should say which audio the creator may use (original, the platform's commercial library, or a track you supply), require them to tell you which audio each deliverable uses, give you the right to request a version with different or no audio for paid use, and say what happens if a song turns out not to be cleared. It costs nothing and closes the gap labels have sued brands through.
Why the music needs its own clause
Standard influencer contracts cover deliverables, dates, payment, FTC disclosure and usage rights. Music usually isn't mentioned, or it's buried in a generic line saying the creator won't infringe anyone's rights. That generic line doesn't help much when the creator honestly believes a trending sound from the app is fine to use.
Meanwhile, label lawsuits against Kroger, Quince, DSW, Marriott and Bang Energy have all included posts by creators the brand paid. In Bang Energy's case, the court held the brand responsible for its influencers' videos. When the music goes wrong in a paid creator post, it's the brand's name on the complaint.
The clause, in plain English
Adapt this to your own agreement and have your lawyer review it. Bracketed text is for you to fill in.
5. Music and audio
5.1 Permitted audio. The Creator will use only the following audio in the Deliverables: (a) original audio created by the Creator, such as voiceover or sound recorded during filming; (b) tracks from TikTok's Commercial Music Library or Meta's Sound Collection, used on the platform they come from; or (c) audio supplied in writing by [Brand].
5.2 Not permitted. The Creator will not use popular or trending songs from a platform's general music library, sped-up, slowed, remixed or re-uploaded versions of commercial songs, covers or sung lyrics of commercial songs, or audio labelled "original sound" that contains a commercial song, unless [Brand] has licensed that song and confirmed so in writing.
5.3 Disclosure. When delivering each Deliverable, the Creator will tell [Brand] which audio it uses and where it came from.
5.4 Clean versions. On request, the Creator will provide each Deliverable without music, or with replacement audio supplied by [Brand], for use in paid advertising, within [5] business days.
5.5 Fixes. If [Brand] reasonably believes the audio in a Deliverable is not cleared for the agreed use, the Creator will replace the audio or remove the post within [2] business days of being asked, at no extra cost.
5.6 Paid use. No Deliverable may be authorized for Spark Ads, partnership ads or other paid use until [Brand] has confirmed in writing that its audio is cleared.
Why each line is there
5.1 and 5.2: a clear list beats a general promise
"Don't infringe copyright" leaves the creator to decide what that means, and most creators believe in-app trending sounds are fine. A specific allow-list and a specific deny-list remove the guesswork. Mentioning sped-up versions, covers and "original sound" closes the most common loopholes.
5.3: you can't check what you don't know
Asking the creator to say what audio they used turns the music into a line on the delivery checklist. It also creates a record if anything is ever disputed.
5.4: clean files make paid use easy
The best organic creator videos often become ads. A music-free version lets your paid team add a cleared track without re-shooting.
5.5 and 5.6: fix fast, boost last
Problems found early are cheap. A two-day fix commitment and a "no boosting until cleared" rule stop the most expensive version of the problem: an uncleared song running as a paid ad for weeks.
What about indemnities?
Many contracts add an indemnity: the creator promises to cover the brand's costs if their content infringes. It's worth including, but be realistic. An individual creator usually can't pay a six-figure claim, and labels sue the brand because the brand can. An indemnity is a backstop. The clause above is what actually prevents the problem.
Talking to creators about it
Creators don't push back on this clause as much as brands expect. Most have had a video muted at some point, and many are relieved to get a clear rule. Explain it in one line in your brief: "Because this video may run as an ad, please use original sound or a commercial library track, and tell us which one." That's it.
A quick scenario
A fitness apparel brand signs 30 creators for a launch, with paid usage for 90 days. The agreement has a generic "no infringement" line. Twelve creators use trending songs, two use sped-up versions of hits, and the paid team whitelists the top ten performers. With the music clause in place, the creators would have flagged their audio at delivery, the brand would have asked for clean versions of the top ten, and the ads would have run with cleared tracks.
Already have creator posts live? We check paid creator and affiliate videos for songs that aren't cleared and usage rights that have expired. First check from $500 for up to 100 posts, free if there's nothing to fix.
General information, not legal advice. Have a lawyer adapt any contract language to your situation.
Common questions
Isn't a general 'no infringement' clause enough?
It helps legally, but it doesn't prevent the problem. Most creators believe trending in-app sounds are fine. A specific list of allowed and banned audio works better.
Can creators use TikTok's Commercial Music Library?
Yes, for TikTok posts. Tracks from it are licensed for use on TikTok, which makes them a good default for sponsored TikToks.
Should creators avoid all music?
No. Original audio, commercial library tracks or a track the brand supplies are all fine.
Does an indemnity protect the brand?
It gives you a claim against the creator, but labels usually pursue the brand. Prevention matters more.
What if a creator already used a hit song?
Ask them to replace the audio or take the post down, and don't boost it. Then check the rest of their posts for you.
Part of: Creator and affiliate rights
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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.