TikTok Shop sellers and affiliates: the music risk
Short answer
Yes, an affiliate’s video can come back on your brand. Affiliate videos sell your products, so they’re commercial content. When affiliates use trending songs, and especially when you boost those videos as ads, you can share the risk. A court has already held one brand responsible for its influencers’ videos.
Why TikTok Shop is higher risk
- Volume. A shop can have hundreds of affiliates posting thousands of videos you never see before they go live.
- Trending sounds sell. Affiliates use trending songs because they get reach, and they post from personal accounts with the full music library.
- Boosting. Turning your best affiliate videos into Spark Ads or GMV Max creative makes them paid ads for your brand.
- Labels are watching. Recent lawsuits name influencer and partner content, not just brand posts.
Can a brand be liable for an affiliate’s video?
Possibly. In Sony’s case against Bang Energy, the court held the brand vicariously liable for its influencers’ videos, because it benefited financially and had the right to supervise them. Affiliates aren’t the same as hired influencers, and every case depends on its facts. But the more you direct, pay for or boost a video, the more of the risk is yours.
Bang EnergySony Music · 2021
Brand and influencer videos on TikTok, Instagram and other apps. The court held Bang liable for its influencers’ videos.
About 286 videos · Up to $150K per work · Source
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
DSWSony Music · 2025
Social media ads by DSW and its influencers.
122 recordings in 170+ videos · Up to $150K per work · Source
See every case in the lawsuit tracker →
What sellers should do
- Put music rules in your affiliate brief. Commercial Music Library tracks or original audio only on videos about your products.
- Check before you boost. Never run an affiliate video as an ad until the audio is cleared.
- Review top videos regularly. Your 50 best-selling affiliate videos are where the exposure is.
- Keep a record. A dated record of what you checked and fixed shows you took care.
Common questions
Is a TikTok Shop affiliate video commercial content?
Yes. It promotes and sells a product, so the music in it needs to be cleared for commercial use.
Can I boost an affiliate video that uses a trending song?
Not safely. Once boosted, it’s your paid ad. Swap the audio or get a license first.
Can I make affiliates follow music rules?
You can set rules in your affiliate brief and stop working with affiliates who don’t follow them.
What if an affiliate’s video gets muted?
Muting removes the sound on the platform, but a label can still file a claim over the use. Don’t boost or reuse it.
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.